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16-129 HMH Engineers, Inc., Design Professional Services for Various Capital Improvement ProjectsMASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND HMH ENGINEERS, INC. FOR DESIGN PROFESSIONAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS This Master Agreement for Des ign Professional Services ("Agreement"), dated ~ft,·~ ,ZA tf,,.2016 is entered into by and between City of Cupertino, a municipal corporation ("C1 y"), 'and HMH Engineers, Inc., a Cal ifornia corporat ion ("Design Professional "). RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of Cal ifornia with the power to carry on its business as it is now be ing conducted under the Constitution and the statutes of the State of California and the Cupertino Munic ipal Code . B. Design Professional represents tha t it is specially trained, experienced and competent to perform the civil engineering services ("Services") re q uired by this Agreement. C. Design Profess ional represents that it is duly licensed in good standing by the State of Californ ia to perform such Services. D. City is entering into this Agreement in reliance upon Design Profess ional's represe ntations, set forth above , to provide t he Services in accordance with the te r ms and condition s of this Agree m ent. TERMS AND CONDITIONS 1. TERM: The term of this Agreement (''Term ") w ill begin on t he date this Agreement is fully executed by both parties and will te rm inate on December 31, 2018 , unless terminated earlier as set forth below. 2. SERVICES TO BE PERFORMED: Design Profess ional will provide Services under this Agreement on an "as needed " basis , in response to a nd in compliance with this Agreement and the Scope of Services set forth in Exhibit A, Scope of Services, attached hereto and incorporated here in , and in compliance with each Service Order authorized by the City. The City has sole discretion to authorize any Service Order, but has no obligation to authorize any Service Order unde r this Agreement. Services may only be p rovided by Des ign Professiona l in response to and in compliance w ith a Service Order issued by the City 's Director of Public Works or his or her delegee (collective ly , "Director") in accordance with t he following procedures , except or unless otherwise specified in Exh ibit A: A. Service Order Development. The Director will provide a written request for Design Professiona l's Services , including a request to schedule a meeting within a specifi ed time to d iscuss the requested Services . The Des ign Profess ional will meet with the City within the time specified in the written request. After the initial me eting, Design Professional must submit to City within the time specified by th e City, a written proposal which includes , at a City of Cuperti n o HMH Engin eers, In c . For Des ign Profes sional Se rvic es Page 1 of 12 Mstr A.grrnt-HMH 2016 minimum, the specific scope of services, schedule of performance, and compensation . Following receipt and review of the written proposal, the parties will meet to discuss the proposal and the terms of the Service Order to be issued by the City. The City will prepare a Service Order, using the Service Order Form attached as Exhibit B, Service Order Form, attached hereto and incorporated herein, specifying the scope of Services, deliverables , the schedule of performance, compensation and any other applicable terms. The Director has the discretionary authority, but not the obligation, to streamline these procedures , e.g ., conferring by telephone instead of meeting, when the Director deems it is in the City's best interest to do so . B. Service Order Execution. The Service Order must be executed by authorized representatives for each party before any Services may be performed . Design Professional will not be entitled to compensation for any Services performed without a duly authorized and fully executed Service Order. C. Reports. Design Professional must provide City with written reports concerning the status of Services required under this Agreement, at the time and in the form required by the City. 3. SCHEDULE OF PERFORMANCE: All Services must be provided within the time specified in the schedule of performance for each Service Order. All Services under this Agreement must be completed on or before the end of the Term. The schedule of performance for a Service Order may not extend beyond the Term. 4. COMPENSATION: A. Not to Exceed Limits. Compensation for Services provided under each Service Order will be based on the rates set forth in Exhibit C , Compensation, attached hereto and incorporated herein, and will be subject to any maximum compensation limit specified in the Service Order. The total, aggregate compensation to be paid to Design Professional during the Term of this Agreement may not exceed One Million Dollars ($1,000,000). B. Invoices and Payments. City will pay Design Professional for Services satisfactorily provided under a Service Order, within 30 days following receipt of a properly submitted invoice for Services provided during the preceding calendar month, unless otherwise provided by a Service Order. Unless otherwise prov ided by a Service Order, each invoice must include, for each day Services were provided: I 1. The name of each individual providing Services; 2. A succinct summary of the Services performed by each such individual; 3. The time spent by each individual providing those Services; 4. The applicable hourly billing rate and payment due; and 5. A detailed breakdown of all allowable expenses . All hourly rates and allowable expenses must conform to the Cit y-approved rates set forth in Exhibit C. C it y of Cupertino HMH Engineers, Inc. For Design Professional Services Page 2of12 Mstr Agrmt-HMH 2016 5. TIME IS OF THE ESSENCE: Time is of the essence for the performance of all Services required under each Service Order and for all of Design Professional's duties under this Agreement. Design Professional must at all times have sufficient, qualified staff or subconsultants assigned to provide timely provision of all Services under this Agreement. Design Professional must respond promptly to Service Order requests; and, when applicable, to contractor requests, including, but not limited to, requests for information, substitution requests and change order requests. 6. STANDARD OF CARE: All Services must be provided in a manner that meets or exceeds the standard of care applicable to the same type of design professionals performing similar work in the San Francisco Bay Area. Services may only be performed by qualified and experienced personnel or subconsultants who are not employed by the City and who do not have any contractual relationship with City, with the exception of this Agreement. 7. ERRORS AND OMISSIONS: Design Professional is solely responsible for all of its or its subconsultants' errors and omissions and must promptly correct any and all such errors and omissions at its sole expense. Design Professional must also take appropriate measures to avoid or mitigate any delay, liability or costs resulting from any such errors or omissions. This provision survives expiration or termination of this Agreement. 8. PROJECT COORDINATION: A. City's Representative. The Director's authorized delegee, John Raaymakers , will be the City's representative for all purposes under this Agreement, serving as the Project Manager with authority to oversee the progress and performance of Services under this Agreement. The City reserves the right to replace or provide a substitute Project Manager at any time, and without prior notice to the Design Professional. B. Design Professional's Representative. Design Professional will assign a single Project Executive, subject to City approval, with authority to receive and act on directions from the City and responsibility for the progress and performance of Services under this Agreement. The designated Project Executive is William J. Wagner. If a substitute or replacement Project Executive is required for any reason, the City must be notified of the need as soon as possible, Design Professional's designation of the individual proposed to serve as the substitute or replacement will be subject to the Director's prior written approval. Design Professional is not entitled to compensation for the time required for the substitute or replacement Project Executive to obtain sufficient knowledge of the required Services to fully assume the former Project Executive's responsibilities. 9. HOLD HARMLESS: A. Indemnity Obligations Subject to Civil Code Section 2782.8. Design Professional will, to the fullest extent allowed by law, with respect to all Services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all liability, claims, actions, causes of action or demands whatsoever against City of Cupertino Page 3 of 12 HMH Engineers, Inc. For Design Professional Services Mstr 1\grmt-HMH 20'16 any of them, including any injury to or death of any person or damage to property or other liability of any nature (collectively, "Liability"); that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional or Design Professional's employees, officers, officials, agents or subconsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City's choice, expert fees and all other costs and fees of litigation. Design Professional is not obligated under this Agreement to indemnify City to the extent that any Liability is caused by the sole or active negligence or willful misconduct of any of the Indemnified Parties. In addition to its indemnity obligations, Design Professional will provide its immediate and active cooperation and assistance to the City, at no additional cost to the City, in analyzing, defending, and resolving such Liability. B. Claims for Other Liability. For all liabilities other than those included within paragraph (A) above, Design Professional will, to the fullest extent allowed by law, indemnify, defend, and hold harmless the Indemnified Parties against any and all liability, claims, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Design Professional or Design Professional's employees, officers, officials, agents or subconsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City's choice, expert fees and all other costs and fees of litigation. Design Professional will not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. C. Claims Involving Intellectual Property. In addition to the obligations set forth in paragraphs (A) and (8) above, Design Professional will indemnify, defend, and hold the Indemnified Parties harmless from and against any claim in which an alleged violation of intellectual property rights, including but not limited to copyright or patent rights, arises out of, pertains to, or relates to Design Professional 's negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses will include reasonable attorney fees for legal counsel of City's choice, expert fees and all other costs and fees of litigation. D. Survival. The requirements of this section survive expiration or termination of this Agreement. 10. INSURANCE: On or before the commencement of the Term of this Agreement, Design Professional must furnish City with certificates showing the type, amount, effective dates and dates of expiration of insurance coverage required in this section. Such certificates, which do not limit Design Professional's indemnification obligations, must also contain substantially the following statement: "If any of the above insurance covered by this certificate is canceled before the expiration date thereof, the insurer affording coverage will provide 30 days advance written notice to the City of Cupertino, Attention: City Manager." Design Professional will maintain in force at all times during the performance of this Agreement all insurance coverage required by this Agreement with an insurance company that is acceptable to City and authorized to do insurance business in the State of California. Design Professional must also submit endorsements with the certificates naming the City as additional insured in relation to the commercial general liability and commercial automobile liability policies, as further specified below. City of Cupertino HMH Engineers, Inc. For Design Professional Services Page 4of12 Mstr Aqrmt-Hfv1H 2016 A. Coverage. Design Professional must maintain the following insurance coverage: 1 . Workers' Compensation: Statutory coverage as required by the State of California . If Design Professional is self-insured, it must provide its duly authorized Certificate of Permission to Self-Insure. 2 . Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500 ,000 each occurrence $1,000,000 aggregate -all other Property Damage : $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. 3. Automotive: Commercial automotive liability coverage for owned, non-owned and hired vehicles, in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500 ,000 each accident 4. Professional Liability: Professional liability insurance which includes coverage for the professional acts , errors and omissions of Design Professional in the amount of at least $1,000 ,000 per claim and in the aggregate. The professional liability insurance must include prior acts coverage, which must remain in effect for four years following the earlier of expiration or termination of the Term of this Agreement. B. Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City's in surers. Design Profess ional agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Design Professional will look solely to its insurance for recovery. C. Failure to Comply . If Design Professional at any time during the Term of this Agreement fails to secure or maintain the required insurance, City may obtain or maintain the insurance in the Design Professional's name or on behalf of the Design Professional and will be compensated by the Design Professional for the costs of the insurance premiums at the max imum rate permitted by law and computed from the date written notice is received that the premiums have not been paid . D. Additional Insured Endorsements. City, its City Council, boards and commissions, officers, officials, employees, agen ts and volunteers must be named as additional insureds under all in surance coverages, except any worker's compens at ion and professional City of Cupertino Page 5 of 12 HMH Engineers, Inc. For Design Professional Services Mstr Agrrnt·HMH 2016 liability insurance, required by this Agreement. Any additional insured will not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured will not be required to contribute anything toward any loss or expense covered by the insurance required under this Agreement. E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Design Professional. Design Professional is advised to confer with Design Professional's insurance broker to determine adequate coverage for Design Professional. 11. INDEPENDENT CONTRACTOR: City and Design Professional intend that the relationship between them created by this Agreement is that of owner-independent contractor. The manner and means of providing the Services are under the control of Design Professional, except to the extent they are limited by statute , rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Design Professional's performance of the ·Services. None of the benefits provided by City to its employees , including, but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave, are available from City to Design Professional, its employees or agents. Deductions will not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any payments due to Design Professional. Payments for the above items, if required, are the responsibility of Design Professional. 12. SUBCONSULTANTS: Unless prior written consent from City is obtained, only those individuals and subconsultants whose names are included in this Agreement, including the Exhibits hereto, may provide Services under this Agreement. Design Professional must require all of its subconsultants providing Services under this Agreement to comply with the terms and conditions of this Agreement. Any subconsultants employed by Design Professional must be required to furnish proof of workers' compensation insurance and must also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance required for Design Professional. 13. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Design Professional assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing the Services, pursuant to all applicable IRCA or other federal, or state laws , rules or regulations. Design Professional will indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance with this section by Design Professional. 14. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer or employee conduct, Design Professional agrees that harassment or discrimination directed toward a job applicant, an employee , a City employee, or any other person , by Design Professional or Design Professional's employees or subconsultants on the basis of race , City of Cupertino Page 6 of 12 HMH Engineers, Inc. For Design Professional Services Ms!r Agrmt-HMH 2016 religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, sexual orientation, or any other protected classification will not be tolerated. Any violation of this provision by Design Professional, its employees, subconsultants or agents constitutes a material breach of this Agreement, and grounds for termination for cause. 15. PROHIBITION AGAINST TRANSFERS: Design Professional will not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without City's consent will be null and void, and any assignee, sublessee, hypothecate or transferee will acquire no right or interest by reason of any attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Design Professional, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Design Professional is a partnership or joint venture or syndicate or cotenancy, which results in changing the control of Design Professional as a legal entity, will be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the business entity. 16. PERMITS AND LICENSES: Design Professional, at its sole expense , must obtain and maintain during the term of this Agreement, all appropriate permits , certificates and licenses including, but not limited to , a City Business License that may be required in connection with the performance of the Services. 17. WORK PRODUCT; A. Property Rights. Any interest (including copyright interests) of Design Professional or its subconsultant(s) in any work product, document, report, draft, memoranda, map, record, plan, drawing, specification and other deliverable, in any medium (collectively, "Work Product"), which has been prepared or created by Design Professional or its subconsultant(s) pursuant to or in connection with this Agreement, will be the exclusive property of City. No Work Product, information or other data given to or prepared, created, or assembled by Design Professional or its subconsultant(s) pursuant to this Agreement may be made available to any individual or organization by Design Professional or its subconsultant(s) without prior written approval by City. All provisions of this section survive expiration or termination of this Agreement. B. Copyright. To the extent permitted by Title 17 of U.S. Code, all Work Product prepared or created under this Agreement is deemed works for hire and all copyrights in such Work Product will be the property of City. In the event that it is ever determined that any Work Product prepared or created by Design Professional or any subconsultant under this Agreement are not works for hire under federal law, Design Professional hereby assigns to City all copyrights to such Work Product when and as created. Subject to City's prior written approval, Design Professional may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities and in its promotional materials . With respect to Design Professional's standard details, Design Professional may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in connection with the Services . City of Cupertino HMH Engineers , Inc. For Design Profession al Services Page 7of12 fv1str /\grmt-HMH 2016 C. Patents and Licenses. Design Professional must pay any and all royalties or license fees required for authorized use of any third party intellectual property, including, but not limited to, patented, trademarked, or copyrighted intellectual property that it selects for incorporation into the Services or Work Product provided under this Agreement. D. Re-Use of Work Product. Without limiting any other City right to any of the Work Product prepared or created by Design Professional or its subconsultants, and subject to the limitations of law, all Work Product prepared under this Agreement may be used or modified by the City or its authorized agents in execution or implementation of: 1. The original Services for which Design Professional was hired; 2. Completion of the original Services by others; 3. Subsequent additions to the original Services; and/or 4. Other City projects. E. Deliverables and Format. Electronic and hard copies of Design Professional's Work Product will constitute the Project deliverables. Plans must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats. All written Work Product required to be provided by this Agreement (other than large-scale architectural plans and s imil ar items) must be printed on recycled paper and copied on both sides of the paper except for one original, which must be single-sided. 18. RECORDS: Design Professional must maintain complete and accurate records with respect to sales, costs , expenses , receipts and other such information required by the City that relate to the performance of Services under this Agreement. Des ign Professional must maintain adequate records of Services provided in sufficient detail to permit an evaluation of the Services. All such records must be maintained in accordance with generally accepted accounting principles and must be clearly identified and readily accessible. Design Professional must provide free access to such books and records to the City or its agents at all times during Design Professional's normal business hours. Design Professional must give the City or its agents the right to exam ine and audit those items, and to make transcripts or copies as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, must be kept separate from other documents and reco rds which are unrelated to this Ag re ement and must be maintained for a period of three years after receipt of final payment from the City. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls , or other breach of contract or failure to act in good faith, then Design Professional must reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. The requirements of this section survive expiration or termination of this Agreement. 19. NOTICES: All notices , demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally; or on the second business day after the deposit thereof in the United States Mail , postage prepaid, registered or certified; or upon confirmation of delivery by a reputable overnight delivery service. City of Cupertino HMH Engineers, Inc . For Design Professional Servic es Page 8of12 fv1str /\grmt-HMH 20·1 () A. To City. All notices , demands, requests, or approvals from Design Professional to City must be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: John Raaymakers B. To Design Professional. All notices, demands, requests, or approvals from City to Design Professional must be addressed to Design Professional at: HMH Engineers, Inc. 1570 Oakland Road San Jose, CA 95131 Attention: William J. Wagner 20. TERMINATION: A. Termination for Convenience. City may, at any time, acting in its sole discretion and without cause, terminate this Agreement for convenience by giving written notice to Design Professional at least seven days before the effective date of the termination. If the Agreement is terminated pursuant to this paragraph, the City will compensate Design Professional for all Services satisfactorily performed prior to the effective date and time of the termination, in accordance with this Agreement. B. Termination for Cause. If Design Professional fails or refuses to perform any of its duties under this Agreement at the time and in the manner required, Design Professional will be deemed in default of this Agreement. If the default is not cured or diligently attempted to be cured by Design Professional within the time specified in the City 's written notice of default, or if the Design Professional has otherwise materially breached the Agreement, the City may terminate the Agreement for cause by giving written notice to Design Professional at least seven days before the effective date of the termination, unless otherwise specified in the written notice of default. C. Duties upon Termination. If the Agreement is terminated, whether for convenience or cause, within seven days of the effective date of the termination, Design Professional must promptly deliver to City copies of all Work Product, deliverables, or documents prepared by Design Professional under this Agreement, including both print and electronic versions. Full compliance with this requirement is a condition precedent to final payment following termination. This paragraph survives termination of the Agreement. 21. LEGAL REQUIREMENTS: Design Professional must comply with all applicable local, state or federal laws, rules and regulations, and all ordinances, rules and regulations enacted or issued by City. In addition, if any of the Services provided under this Agreement are subject to prevailing wage requirements under Labor Code Section 1720 et seq., the following provisions apply to those Services: City of Cupertino HMH Engineers, Inc . For Design Professional Services Page 9of12 Mstr Agrmt-HMH 2015 A. Prevailing Wages. To the extent applicable, Design Professional must comply with the City 's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq . B. Working Day. To the extent applicable, Design Professional must comply with California Labor Code Section 1810, et seq . which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime , at not less than 1 % times the basic rate of pay. C. Payroll Records. To the extent applicable, Design Professional must comply with California Labor Code Section 1776 which requires certified payroll records be maintained w ith the name, address, social security number, work classification, straight time and overtime hours worked each day and week , and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The payroll records must be made available for inspection as provided in California Labor Code Section 1776. D. Apprentices. To the extent applicable, Design Professional must comply with California Labor Code Section 1777.5 regarding apprentices. 22. DISPUTE RESOLUTION: This Agreement will be interpreted under and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders , rules, and regulations of the authorities having jurisdiction over this Ag ree ment (or the successors of those authorities). Any suits brought pursuant to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California , and no other place . If the parties engage in arbitration to resolve a dispute relating to this Agreement, the arbitrator's award must be supported by law and substantial evidence, and must include detailed written findings of law and fact. This section survives expiration or termination of the Agreement. 23. ATTORNEY FEES: If the City initiates a legal action, including a complaint or cross-complaint, arising out of, relating to or seeking the interpretation or enforcement of the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs, including the attorney fees and costs for any arbitration, appeal, or enforcement of judgment. This attorney fee provision does not apply to legal actions initiated by the Design Professional. This section survives expiration or termination of the Agreement. 24. ADVERTISEMENT: Design Professional may not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertis ing, posters or cards of any kind on City property performed under this Agreement without prior written approval from the City. City of Cupertino HMH Engineers, Inc. For Desi gn Professional Servi ces Page 10of12 Mstr /.i,grmt-HMH 2016 25. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 26. THIRD PARTY BENEFICIARIES: There are no intended third party beneficiaries of this Agreement. 27. RECITALS: The parties agree that the above recitals, which are made part of this Agreement, are true and correct. 28. INTEGRATED AND AMENDMENT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or im pl ied covenant will be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written instrument signed by authorized representatives for both City and Design Professional. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, all remaining provisions will remain in full force and effect. 29. CONFLICT OF INTEREST: Design Professional warrants that it is not a conflict of interest for Design Professional to perform the Services required by this Agreement. Design Professiona l may be required to fill out a conflict of interest form if the Services provided under this Agreement require Design Professional to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 30. GIFTS: Design Professional is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee, as set forth in City Administrative Procedures. Design Professional agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. Offering or giving a prohibited gift constitutes a material breach of this Agreement by Design Professional. In addition to any other remed ies City may have in law or equity, City may terminate this Agreement for cause as provided in Section 20 of this Agreement. 31. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement is deemed to be enacted herein , and the Agreement will be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement will be amended to make such insertion on application by either party. City of Cupertino HMH Engineers , Inc. For Design Professional Services Page 11of12 Mstr Agrmt-HMH 2016 32. EXECUTION: The person executing this Agreement on behalf of the Design Professional represents and warrants that the Design Professional has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Design Professional. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. 33. HEADINGS: The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. DESIGN PROFESSIONAL HMH Title f/;u. Pv-es;dw.-t Date_q ___ .,_~_( (;, __ _ Tax l.D . No.: q4-'1-9Z.O'f i1 Address: (G''1o (ltJt(t::.fa,..J7ZJ . ~M~"* C-A q~IS/ City of Cupertino HMH Engineers, Inc . For Design Professional Services CITY OF CUPERTINO A Municipal Corporation APPROVED AS TO FORM: i,J)I' )))-) tJ Randolph Stevenson Hom, City Attorney ATTEST: 6u~<(il- Grace Schmidt , City Clerk q, lO ./b Contract Amount: $1,000,000 Account No.: by Service Order __JL. \}'. CJ.J..AN.-~d ~ ~o Co N ~A-er J_,o ( 1--3 Page 12of12 EXHIBIT A Scope of Services Design Professional shall provide certain Civil Engineering services as required and requested by City. Design Professional shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from City's Director of Public Works or authorized Agent as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service Order. Section 1-General Provisions A. Design Professional shall perform all services to the sat isfaction of City 's Public Works Director or authorized Agent. B. Design Professional shall perform all services under this agreement to the currently prevailing professional standards and quality found among Civil Engineering Design Professionals with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. C. Design Professional shall perform services under this Master Agreement only by authorization of a fully executed Service Order which shall clearly provide the nature of the specific services, the time limit within which such services must be completed, and the compensation for such services . City shall incorporate each authorized and fully executed Service Order into the terms and conditions of this Master Agreement. D. Design Professional shall begin work only after receipt of a fully authorized and executed Service Order and shall execute the Project work as deta iled in the Service Order. Unauthorized services performed by Design Professional shall be at no cost to City. E. City shall designate a Project Manager for each fully executed Service Order under this Agreement. Design Professional shall coordinate the Service Order performance with City's designated Project Manager. Section 2. Basic Services As authorized by a fully executed Service Order, Design Professional shall provide Civil Engineering services for various City Public Works Projects in accordance with the following: HMH Engineers, Inc . For Design Professional Servi c es EXHIBIT A PAGE 1OF11 A. General Performance Requirements For each assigned Project: 1. Design Professional shall designate a Project Manager and provide to City the names of their team members for the Project. The team members shall be satisfactory to City. Design Professional shall not substitute any team members without the prior approval of City. City retains the right to reject team members assigned by Design Professional or require replacement of team members. 2. Design Professional shall effectively manage and administer the Project for the efficient, progressive, and proactive delivery of the Project. 3. Design Professional shall be responsible for managing and coordinating the work of all sub-Design Professionals and subcontractors. 4 . Design Professional shall consult and coordinate with the City and communicate with members of the Project team. 5. Design Professional shall schedule meetings and prepare meeting agendas and minutes for all Project meetings. All minutes of meetings are due to the City within ten (10) calendar days after the meeting in a digital format and shall also be provided to other appropriate agencies and entities, as directed by City. 6. Design Professional shall communicate weekly with City 's assigned Project Manager to provide an update on the current status of the Project and provide a brief written summary report. B. Specific Performance Requirements For each assigned Project, Design Professional may provide any or all of the following tasks and subtasks, as is required for the specific Project: Task 1.0 Pre-Design Studies 1.01 Project Analysis: For budget programming purposes, analyze the Project proposal to identify and describe initial Project goals and objectives, develop a scenario to address Project goals and objectives, Project delivery process, and cost estimate to deliver the proposed Project. HMH Engineers, Inc. For Design Professional Services EXHIBIT A PAGE 2 OF 11 1.02 Feasibility Study: Perform a Feasibility Study for the proposed Project. Study will include a professional analysis of the ability of the agency to provide the desired improvements/outcomes within the available budget, and considering other defined constraints such as right-of-way. Other factors to be considered include constructability, time to design and construct, and environmental impacts. Study will also include the outcome of the proposed improvements including traffic impacts, maintenance implications, cost to construct, cost of right of way acquisition, conformance with the General Plan, construction impacts, impacts to specific properties, and other information that will assist the City in determining whether or not to construct the Project. 1.0 Deliverables: (all deliverables digital unless otherwise noted) 1.01 Project Analysis Report 1.02 Feasibility Report Task 2.0 Data Collection 2.01 Existing Data Assembly: Design Professional shall review Project data provided by the City including, but not limited to: topographic survey, geotechnical reports, traffic studies, CEQA documents, other environmental studies, tree surveys, arborist's reports , approved Master Plan(s), or other such data. The Design Professional shall be entitled to reasonably rely upon the accuracy and sufficiency of any information provided to the Design Professional by the City or the City's agents. 2.02 The Design Professional shall identify discrepancies or shortcomings among the existing data, and identify solutions for resolution, and propose generation of additional site information necessary to provide an accurate Project Base Map. 2.03 The Design Professional shall utilize existing data to the extent possible and inform the City immediately of problems associated with using existing data for Project base information . 2.04 Utility Coordination: Coordinate with all utility owners who may have facilities within the Project area or that may be impacted by the Project work. Transmit preliminary plans for HMH Engineers, Inc . For Design Professional Services EXHIBIT A PAGE 3 OF 11 the identification of potential conflicts. Coordinate potholing by utility companies and owners as required . 2.05 Field Survey: Perform field survey of existing control and monumentation. Locate existing survey monuments and accessible property corners and compute the existing right-of-way based on boundary evidence, records maps, and preliminary title reports. Prepare a calculated base map of the existing record right-of-way for use in design. 2.06 Topographic Survey: Perform field Topographic Survey to obtain locations of utility surface facilities, inverts of accessible storm drain manholes, inlets, and sanitary sewer manholes . Obtain location and sizes of all trees and other existing features that may impact the Project design . 2.07 Geotechnical Report: Perform a geotechnical field investigation and soil boring, perform laboratory testing and prepare a geotechn ical report that includes boring logs and recommendations for grading, pavement structural sections, foundations, and slope stability as well as trench excavation and backfill requirements as appropriate for the Project work . Investigation may also include percolation and other tests related to storm water treatment I C3 requirements. 2.0 Deliverables: (all deliverables digital unless otherwise noted) 2 .01 Source Document Listing 2.02 Proposal of Additional Investigative Actions 2.03 Details of Problematic Data 2.04 Summary of Utility Companies Contacted and Actions Taken 2.05 Scaled Base Map in AutoCAD (current version) Format 2.06 Project Area Surface Features Added to Base Map in AutoCAD Format 2.07 Geotechnical Report Task 3.0: Preliminary (35%) Design 3.01 Meetings: Participate in two (2) design team meetings with representatives of the City during the Preliminary Design phase and provide written meeting minutes to the City with in two (2) business days. HMH Engineers, Inc. For De sign Profes sional Services EXHIBIT A PAGE 4 OF 11 3.02 Alternatives Analysis: Provide alternatives to accomp lish the Project goals and objectives. Include a comparison of the alternatives that includes, at a minimum, achievement of goal(s), construction cost, maintenance implications/costs , energy use, construction impacts, and time to construct. Include identification of agencies or jurisdictions that would need to be coordinated with for each alternative. 3.03 Preliminary Plans: Prepare Preliminary Design Plans and submit them to the City for rev iew and comment. The plans shall be prepared digitally using current AutoCad software. The plans shall be formatted per City standards and submitted with other Preliminary Des ign Documents as noted below. The Preliminary Plans will include the major items of work needed to accomplish the Project goals . The sheets to be provided for this Preliminary Plan submittal may include : Tit le/Index Sheet Demolition Plans Improvement Plans Typical Cross Sections Preliminary Street Al ignment Plans and Profiles Preliminary Utility Plans Striping Plans Planting Details 3.04 Preliminary Estimate: Prepare a Prel iminary Estimate of Probable Construction Cost based on items and quantities of work shown on the Prelim inary Plans and other anticipated improvements. Prices will be based on the magn itude of the quantities and the Design Professional's experience with similar local projects and engineer's judgment. 3.0 Deliverables: (all deliverables digital unless otherwise noted) 3.01 Meeting Notes 3.02 Project Alternatives Analysis 3.03 Pre limi nary Plans HMH Engineers, Inc. For Design Profess ion al Services EXHIBIT A PAGE 5 OF 11 3.04 Preliminary Construction Cost Estimate Task 4. 0 Construction Document Development 4.01 Meetings: Participate in two (2) design team meetings with representatives of the City during the Construction Document phase and provide written meeting minutes to the City within two (2) business days. 4.02 65% Construction Documents: The 65% Construction Documents shall be a refinement of the Preliminary Design documents and are to be based on comments received for the Preliminary review. The 65% Plans, Draft Technical Specifications, and 65% Cost Estimate shall be submitted together. 4.03 65% Plans: Prepare 65% Design Plans and submit them to the City for review and comment. 65% plans shall include any sheets not previously submitted (erosion control, draft details, etc.). Advance the design to the point that all major design issues and solutions are represented in the plans. The following types of plans may be prepared: Title Sheet, Legend and Notes Typical Cross Sections Demolition Plans Street Improvement Plans and Profiles Utility Plans and Profiles Construction Details Traffic Handling and Construction Area Signs Signing and Striping Plans Erosion Control Plans Cross Sections 4.04 Draft Technical Specifications: Prepare Draft Technical Specifications and submit them to the City for review and comment. The Technical Specifications are to reference City or Caltrans Standard Specifications for the various items of work, including measurement and payment provisions. HMH Engineers, Inc. For Design Professional Services EXHIBIT A PAGE 6 OF 11 4.05 65% Cost Estimate: Prepare a 65% Estimate of Probable Construction Cost based on items and quantities of work shown on the 65% Plans and other anticipated improvements. Prices will be based on the magnitude of the quantities and the Design Professional's experience with similar local projects and engineer's judgment. 4.06 95% Construction Documents: The 95% Construction Documents shall be a refinement of the 65% Design Documents and are to be based on comments received for the 65% review . The 95% Plans, Final Technical Specifications, and 95% Cost Estimate shall be submitted together. 4.07 95% Plans: Prepare 95% Design Plans and submit them to the City for review and comment. 4.08 Final Technical Specifications: Update the Draft Technical Specifications and submit the Final Techn ical Specifications to the City for review and comment. The technical specifications are to reference City or Caltrans Standard Specifications for the various items of work, including measurement and payment provisions. 4.09 95% Cost Estimate: Prepare a 95% Estimate of Probable Construction Cost as needed based on items and quantities of work shown on the 95% Plans and other anticipated improvements. Prices will be based on the magnitude of the quantities and the Design Professional's experience with similar local projects and engineer's judgment. 4.0 Deliverables: (all deliverables digital unless otherwise noted) 4 .01 Meeting Notes 4.03 65% Design Plans 4.04 Draft Technical Specifications 4 .05 65% Construction Cost Estimate 4.07 95% Design Plans 4.08 Final Technical Specifications 4 .09 95% Construction Cost Estimate Task 5.0: Final (100%) Construction Documents HMH Engineers, Inc . For Design Profes sional Services EXHIBIT A PAGE 7 OF 11 5.01 100% Construction Documents: The 100% Construction Documents shall address any comments received for the 95% review. The 100% Plans, Technical Specifications, and Cost Estimate shall be submitted together on digital media, either a flash drive or a CD/DVD. In addition, provide two (2) complete wet signed , stamped sets of Construdion Documents and Technical. The submitted documents shall be in reproducible, hard copy format. City will review the 100% Construction Documents for confirmation that respon ses to all previously provided comments are appropriately integrated. Design Professional is to make any changes to the 100% plans that are requested by City . 5.02 100% Plans: Prepare 100% Design Plans and submit them to the City. 5.03 100% Technical Specifications: Update the Final Technical Specifications and submit the 100% Technical Specifications to the City. 5.04 100% Cost Estimate: Prepare a 100% Estimate of Probable Construction Cost as needed based on items and quantities of work shown on the 100% Plans 5.0 Deliverables: (all deliverables digital unless otherwise noted) 5.02 100% Plans (digital+ hard copies) 5.03 100% Technical Specifications (digital + hard copies) 5.04 100% Cost Estimate Task 6.0: Bid and Award Support 6.01 Bid Period Assistance: Provide the following bid phase services, at the City's request, through award of the construction contract: a . Attend the general contractor pre-bid meeting. b . Respond to bidders' questions until the question cutoff period identified in the bid documents package. c . Assist in the review and processing of substitution submittals during Bid phase. HMH Engineers, Inc. For Design Professional Services EXHIBIT A PAGE 8 OF 11 6.02 Addenda Preparation: As requested by City, prepare addenda to Project documents including, but not limited to, new or revised Plans, new or revised Technical Specifications and/or removal of items from the Project Plans and/or Specifications. 6.03 Project Document Conformance: Update the Construction Document package to include all addenda issued during the Bid process and submit a Conformed Set of Drawings and Specifications to the City within ten (10) days of the contract award. The Design Professional shall provide two (2) complete wet signed, stamped Conform Sets of Construction Documents and Technical Specifications that includes the 100% Construction Documents Package and all bid addenda. The submitted documents shall be in reproducible, hard copy format. In addition, the Design Professional shall provide complete electronic format Conform Set Construction Documents and Technical Specifications in 1) native file formats (AutoCAD, MS Word) and 2) pdf on a CD/DVD or flash drive media. 6.0 Deliverables: (all deliverables digital unless otherwise noted) 6.01 b Written response to Bidders' questions 6.01c Written evaluation of substitution submittals 6.02 Project Addenda 6.03 Conformed Project Documents Task 7.0: Construction Support 7.01 Submittal Review: Review and approve or reject the Contractor's submittals within five (5) working days of receipt. The Design Professional may request additional review time for particularly complex or unusual submittals. The City shall not grant additional review time for standard construction item submittals . The Design Professional shall maintain a detailed record of all submittals and content supplied by the Contractor. 7.02 Requests for Information: Review Contractor Requests for Information (RFI) and provide a written response to the Contractor with a copy to the City, within five (5) working days of receipt. The Design Professional's response may provide, with advance City approval, supplemental drawings and/or specifications necessary to clarify the RFI. HMH Engineers, Inc. For Design Professional Services EXHIBIT A PAGE 9 OF 11 7.03 Change Orders: Review and advise the City on requests by the City or Contractor for changes in the construction of the Project. The Design Professional shall review City prepared Contract Change Orders and, where necessary, prepare Drawings and Specifications to describe Work to be added, deleted or modified . The Design Professional shall maintain all records relative to changes in the construction. 7.04 Site Meetings: Attend up to two (2) site meetings in the Construction phase and provide meeting minutes to the City within two (2) business days. 7.0 Deliverables: (all deliverables digital unless otherwise noted) 7.01 Responses to submittals, submittal log 7.02 Responses to Requests for lnfomation 7.03 Review comments for City prepared Change Orders 7.04 Meeting Minutes Other Tasks/Services that may be assigned per Project needs: • Plan line study • Corridor study • Community Outreach Support/Design Visualization • Utility Coordination • Permit Acquisition • Traffic Signal Design • Street Lighting Design • Structural Design • Green Street Infrastructure Design • Complete Street Roadway Design • Environmental Engineering • Storm Water Conveyance and Treatment Design • Fiber Optic/Communication Design • Aerial Photometric Survey • Legal Descriptions and Plat Maps • Planting and Irrigation Design • Roadway Aesthetic Treatments HMH Engineers , Inc. For Design Professional Services EXHIBIT A PAGE 10 OF 11 Task 8.0: Additional Services Design Professional services not specifically identified in the Scope of Services shall be considered Additional Services. At the City 's request, the Design Professional shall provide a fee proposal for specific additional services consistent with the professional rate schedule in Exhibit C. HMH Engineers , Inc. For Design Profe ss ional Services EXHIBIT A PAGE 11 OF 11 EXHIBIT B Service Order Form Each Service Order for work under this Master Agreement shall be initiated and executed as provided for in the Master Agreement, Section 2.A, Service Order Development. An exemplar of the Service Order form follows. HMH Engineers, Inc . For Design Professional Services EXHIBIT B City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER MASTER AGREEMENT p 0 #: Service Order No.: __ _ Maximum Compensation:~------ Term: NTP: Approval by: Consultant: City Manager D City Council D (name) (street add ress) (city, state, zip) Contact Name: PROJECT DESCRIPTION Project Name: End Date: Director D Item Number: Phone: Ooescription: (simple project description if appropriate) Date: Date: 0Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: ~---------~ HMH Engineers, Inc. For Design Professional Services Page 1of2 ~-----------~ Service Order No. 1 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET I FISCAL Master Agreement Maximum Compensation: Previously Encumbered on MA: S.O. # -(charge acct 110.) -(project name) -----· ··-·· .. ····--············-··-···············-·-····-·-···--------·-·---·-····-·----·-······-···-·- S. O. # -(charge acct no.) -(project name) Amount $0 $0 $0 Total Previously Enc umbered to Date: $0 Current Unencumbered amount in MA: $0 Encumbrance: S.0. # -(charge acct no.) -(project name) Tota l Encumbered to Date including this S.O.: Master Agreement Balance: Contract Date : APPROVALS Consultant: Date: Director of Public Works: Date: Appropriation Certification: I hereby certify that an w1exp ended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: Date: Management Analyst HMH Enginee rs, Inc. $0 $0 $0 For Design Professiona l Services Page 2 of 2 Service Order No. 1 EXHIBITC Compensation Capitalized terms which are defined in the Agreement have the same meaning in this Exhibit C. The City will compensate the Design Professional for satisfactory performance of duly authorized Services, based on the hourly rate(s) set forth below . The hourly rates are deemed to include all costs including, salary, wages, benefits, taxes, insurance, and the like paid to or on behalf of each individual providing the Services, and are also deemed to include profit, overhead, vehicle , equipment and supply costs and the like. The hourly rates do not include reimbursable expenses, which are addressed below . These hourly rates will remain in effect for the Term of the Agreement unless changed by written amendment to the Agreement. Total compensation for Services provided pursuant to a Service Order, including reimbursable expenses, may not exceed the maximum compensation authorized under the Service Order. Design Professional Hourly Rates: Principal $210-350 per hour Civil Engineering or Land Surveying Manager $178 per hour Senior Civil Engineering or Land Surveying Manager $198 per hour Land Development Manager $172-244 per hour Senior Planner $200 per hour Senior Civil Engineer, Land Surveyor, or Landscape Architect $164 per hour Design Specialist $152-184 per hour Project Planner $180 per hour Project Civil Engineer, Land Surveyor, or Landscape Architect $152 per hour Project Arborist $140 per hour Engineer, Planner, Surveyor, or Landscape Designer $142 per hour Assistant Engineer, Surveyor, Planner, or Landscape Designer $130 per hour Junior Engineer, Surveyor, Planner, or Landscape Designer $120 per hour Senior Technician $132 per hour Project Technician $122 per hour Technician $114 per hour Assistant Technician $104 per hour Junior Technician $88 per hour Project Support Staff $86 per hour Field Services 2-Man Field Crew 3-Man Field Crew 1-Man Field Crew Senior Field Engineer Reimbursable Expenses: $244 per hour $320 per hour $168 per hour $160 per hour Reimbursable expenses include the cost of items, other than direct labor, specifically required to perform the Services, excluding normal business operat ing expenses and overhead, which are HMH Engineers, Inc. For Des ign Profess ional Servi ce s EXHIBITC PAGE 1OF2 included in the direct hourly rates set forth above. City will compensate Design Professional for such reimbursable expenses only with prior written authorization by the individual designated as the City Representative in Section 8, Project Coordination, of the Agreement. The City will reimburse the Design Professional for allowable reimbursable expenses for the documented actual cost only, with no surcharge or markup for Design Professional administration. Reimbursable expenses must be separately identified on the Design Professional invoice and documentation of each reimbursable expense must be submitted to the City upon request and maintained as required under Section '18 , Records , of the Agreement. Allowed reimbursable expenses include, but are not limited to: • Individual or multiple document reproductions that exceed 50 pages ; • Drawing or bid set reproductions; • Special software required by City specifically for a project, excluding standard software programs such as Microsoft Office suite applications (i.e. Word, Excel, PowerPoint, Project, etc.); Adobe Acrobat; or standard photo editing programs. • Travel expenses to the extent allowed by City policy, and subject to any limitation on allowable travel expenses under a Service Order, with mileage reimbursed per the current IRS standard mileage rate at the time of travel; • Subconsultants required by project scope of services ; • Safety equipment required by City policy or the project scope of services ; • Mass mailing notifications; • Special expenses for public meetings, such as refreshments, interpreters, security, valet parking, facility rental, tents or booths, easels, markers, paper, presentation equipment. END OF EXHIBIT HMH Engineers, Inc . For Desig n Professional Services EXHIBITC PAG E 2 OF 2 Client#: 164 HMHENGIN ACORD,.. CERTIFICATE OF LIABILITY INSURANCE I D~~~~~~,;~~YYY) TH IS CERT IFICATE IS ISSU E D AS A MATTER OF INFOR MATION O NLY AND CONFERS NO RIG HTS UPON THE CERTIFICATE HOLDER . THIS CERTIFICATE DOES NOT AFFIRMATIV ELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IM PORT ANT : If the certificat e ho! der is an ADDITIONAIINS u R ED~ff1e-p-OiiCY(iCs)·n1·u·srb-eendO-r-seCflf-S"UBRO-GATi 6N"""fs·-wAfVE'D"~SU"bjC-CTi"O ___ _ the te rms and co nd itions of th e po li c y, certain policies m ay requ ire an endorsement. A statement on this certificate does not co nfer rights to the certi fi cate holder in l ie u of such cndors eme nt(s). PRODUCER Dealey, Renton & Associates P. 0 . Box 12675 Oakland , CA 94604-2675 INSURER {S) AFFO RDING COVERAGE i NA IC # 1-1-N-su_R_E_R_A_:.,.T_r_a_v_e,...I e_r_s_l_n_d_e~m~n -i t_y_C_o_. _o_f _C_o_n_n-------+i 2-5-6·-a"2·cc.c.'---···· 510 465-3090 -David C . Eckma n ·-1-NS-_U_R_E_D-------~-~------------------~,-IN_S_U_R_E_R_B_:_A_m_e _ri_c_a_n_A_u _to_m_o_b_i_le-ln_s_._C_o_. ------~1 2_1_8_4_9 ____ _ HMH Engineers INSURERc. Catlin Insurance Company, Inc . j 19518 1570 Oakland Road ~D; Trumbull Insurance Company !27120 San Jose, CA 95131 INSURERE : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TH IS IS TO CERTIFY TH AT THE POLIC IES OF INSURANC E LISTED GELOW HAVE BEEN ISSUED TO THE INSURED NA ME D ABOVE FOR TH E POLICY PE RIOD IND ICATED . NOTW IT HSTANDING ANY REQU IR EMENT. TER M OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AF FORDED BY TH E POLICIES DESCRIBED HEREIN IS SUBjEC T TO /;LL THE TERMS . EXC LUSIONS AND CONDITIONS OF SUCH POLIC IES . LIMITS SHOWN MAY HAV E BEEN REDUCED BY PAID CLAIMS. l'.Wf TYPE OF INSURANCE -·-~~~D LJ ~~R i POLICY NUMBER (~~hjg);,~~I l tr;,~gg;y~~~I LIMITS ...................... ,--------------------------------------·---·---------------------· __ §B_,_=~11-------------1-~~~~-pc=~~~..,1---------.--------1 A ,~i COMMERC IAL GENE ~A L ~I ABILITY x I x ! 680 8945L873 Kl3/29/2016 03129/2 01 ~~~~~~~~~l~~~~~Hs 1 000 000 f--0 CLAI MS-MADE ,_: X_i OCCUR '.! i iJ:!l.~!&~!'-~_tl;QQ~~~rr~!1£"J-i.~-1 LQQ_Q,00 Q_ ___ , _ --------; i MED EXP (Any on e person) -· S 10 ,000 GEN'L AGGREGATE LIM!l APPLIES PER I I ~~~~~~~~~~~:~~RY ___ i~~'.~~ii~g~ . - ~POLICY [x1 j~~T [J LOC i l _P_R_O_D_U_c ·_rs_-_c_o_M_Pr_·o_P_A_G_G-t-'~-2_,_,o_o_o_,c_o_o_o_·-_-_--:~ ! OTHER: , ; -0 -1·~--;;TO;,,-;;-~-,-;:;;-~~:;::;,-;:~~-----------------x---x-i-s _7_U_E_G_A_T_0_8_7_9 ______ ,_0_3_/2_9_/_2_0_1 _6+0-3_/_2_9_/2-0-17_,~c=o~M-=l3~IN.=Eo~~SiNGUn:IMiT 1 000 000 J <E;i acc idi;ml) S 1 1 .. -.A i X ANY AUTO l BODILY INJURY (Per~ 1-AL L OWNED ,--1 SC HEDULED I I . j --------- -AU TOS ! AUTOS ! . UC DIL Y INJU H.Y (Pnr accident) S x HIRED AUTOS Fl ~~~o~WNED 1 1 1 rii~?~~~rnNA:Wi'CjE'---r:--------------- 1~-+-+------'---''--~----+--•-- ....... _, UMBRELLA UAB LJ OCCUH I i EXCESS LIAl3 : Cu\IMS -M.l\DE I -~:-·-,, : ; ! ____ ___j_QgQ__l . f RETENTION S 1 AGGR EGATE S ---------------+-'---·----------.. ·- EJ\CH OCCURRENCE S B WORKERS COMPENSA TI ON I x 1' WZP81034414 AN D EMP LOYER S' LI AB ILITY y IN . ~~~1t~~~ru~1~~~~m5~/gf ECUTIVE [ N [ ! N I A ! (Ma ndatory in NJ-I) -i l l E.L. DISE ASE -EA EMPLOYEE . S 1,000,000 ~~~t~~~.yrg~ O'#~PER.A.TJON S be low ! ! E.L DISEASE. PO LI CY LIMIT i s1 ,000 ,000 c - 1 ~;::::.;;o"'I ---·1-1·· . 'AEofi84017o-3j] .... --. --Oi/29120_1 _sii/2_9_/2-0 1::::::::-~-~r-n c-1 A-la~;;.-----------·--·····- DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES !ACORD 101, Additio nal Remarks Schedule, may be attache d if more space is requi re d) GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES . REF : ALL OPERATIONS OF THE NAMED IN SURED . GENERAL LIABILITY/AUTOMOB I LE LIABILITY ADDITIONAL INSURED: C i ty, its C ity Council , boards and commissions, officers , officials, employees, agents and volunteers . Commercial General Liability is primary and non-contributory and includes severability of interests per policy form . Waiver of Subrogation applies to Commercial Gen e ral Li a bility, Automobile Liability and (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION C ity of Cuperti no SHOUL D ANY OF THE ABO VE DESCR IBED POLICIES BE CANCELLED BEFORE TH E EXP IR ATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre A ve nu e ACCORDANC E WITH THE POLICY PROVISIONS . C upertino, CA 95014-3202 AUTHOHIZEU REPRESENTAT IV E .rt 9~ .. -..... :L (J_ .-.-·1:;> I .?. .•• " ..... -·-"" © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 2 The ACO RD name a nd logo are registere d marks of ACORD #S 1811478/M1785384 DAC DESCRIPTIONS (Continued from Page 1) Workers Compensati on . Cancellation provisions are solely as shown on this certificate. Cancellation : 30 Day/10 Day for Non-Payment of Premium. SAGITTA 25.3 (2014/0 1) 2 of 2 #S1811478/M 1785384 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER MASTER AGREEMENT U>N~ 7--0 ( 1-... 3 p 0 #: 2017-257 -?<> ~\ Service Order #: 1 Maximum Compensation: $ 1,000,000.00 Term: NTP: Approval by: Consultant: September 6,2016 City Manager D Director D City Council l•I Item #: _1_9 ___ _ Firm Name: HMH Engineers, Inc. Sqeet: 1570 Oakland Road City, State, Zip: San Jose, CA 95131 Contact Name: William J. Wagner PROJECT DESCRIPTION Project Name: McClellan Road Sidewalk Improvement -Phase 2 [}JDescription: (simple project description if appropriate) End Date: December 31, 2018 Date: Date: September 6, 2016 Phone: 408-487-2200 (i!]Attachrnent A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: City of Cupertino Master Agreement Public Works Project Manager: John Raaymakers ------------~ Page 1of2 Service Order No. 1 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET I FISCAL Master Agreement Maximum Compensation: Previously Encumbered on MA: 5.0. # _____________________ _ 5.0.#~------------------------ 5.0.#~------------------------ 5.0.#~------------------------ 5.0. # _____________________ _ 5.0.#~------------------------ 5.0.#~-----------------------~ 5.0.#~-----------------------~ 5.0. # _____________________ _ 5.0.# ________________________ ~ Amount $ 1,000,000.00 Total Previously Encumbered to Date: $ 0.00 -----Current Unencumbered amount in MA: $ 1,000,000.00 Encumbrance: 5.0. # 1 Acct. 270-90-976-900-905-ST 009-02-02 McClellan Rd. Sidewalk Improve. Ph.2 $ 254,882.00 Contract Manager: APPROVALS Consultant: 1 /V Director of Public Work · Total Encumbered to Date including this 5.0.: $ 254,882.00 Master Agreement Balance: $ 745,118.00 Date: /tJ · i ·lk Date: /fJ · 3-/ft:, Date: /O ·-f -1(; Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: City of Cupertino Master Agreement Management Analyst Date: Page 2 of 2 Service Order No. 1 Service Order# 1 Attachment A SCOPE OF SERVICES Design Professional shall provide certain Civil Engineering services as required and requested by City. Design Professional shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from City's Director of Public Works or authorized Agent as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service Order. A. Specific Performance Requirements The Project, as defined below, pertains to the locations shown in Exhibit 1 and specifically includes locations 1, 2 , 3, 4, 5 (partial), 10, 11, 12, 15 and 16. Work includes filling in of sidewalk gaps including all changes and improvements needed to accomplish continuous walkways in the Project areas. This scope excludes any work at locations 6, 7, 8, 9, 13 and 14. It is assumed that the plans, specifications and estimates will be delivered in two (2) packages consisting of the elements defined in the tasks below. Package 1 (WEST) will include locations 1,2,3,4, and 5, Package 2 (EAST) will include locations 10, 11, 12, 15 and 16. This division will be used for deliverables as directed by the City. For the Project, Design Professional may provide the following tasks and subtasks, as is required for the Project: Task 1.0: Data Collection 1.01 Existing Data Assembly: Design Professional shall review Project data provided by the City that may include , but is not limited to: topographic survey, geotechnical reports, traffic studies, CEQA documents, other environmental studies, tree surveys, arborist's reports, approved Master Plan(s), development plans , or other such data . The Design Professional shall be entitled to reasonably rely upon the accuracy and sufficiency of any information provided to the Design Professional by the City or the City's agents. HMH Engineers, Inc. McClellan Road Sidewalk Improvements Phase 2 Page 1of13 Service Order # 1 1.04 Utility Record Research: Contact utility companies with facilities within the Project area as identified by a USA database search. Acquire available utility record drawings and as-built information . Plot existing utilities within CAD for use in Project base maps . 1.05 Right-of-Way Survey: Perform field survey of existing control and monumentation. Locate existing survey monuments and accessible property corners and compute the existing right-of-way based on available information that may include boundary evidence and records maps. Prepare a calculated base map of the existing record right-of-way for use in design. Design Professional will not resolve the boundary of individual properties and side property lines of parcels. 1.06 Topographic Survey: Perform field Topographic Survey to obtain locations of utility surface facilities, inverts of accessible storm drain manholes, inlets, and sanitary sewer manholes . Survey existing pavement, curbs, sidewalk and other improvements at points of conform. Obtain location and sizes of trees and other existing features that may impact the Project design . 1.07 Base Mapping: Plot features collected through topographic survey using current AutoCAD software on a screened aerial photo base as a background for proposed improvements . 1.0 Deliverables: (all deliverables digital unless otherwise noted) 1.01 Source Document Listing 1.04 Summary of Utility Companies Contacted and Actions Taken 1.07 Scalable Base Map in AutoCAD (current version) Format Task 2.0: Preliminary (35%) Design 2.01 Meetings: Participate in two (2) design team meetings with representatives of the City during the Preliminary Design phase and provide written meeting minutes to the City within two (2) business days. 2.02 Preliminary Plans: Prepare Preliminary Design Plans and submit them to the City for review and comment. The plans shall be prepared digitally using current AutoCAD HMH Engineers , Inc. McClellan Road Sidewalk Improvements Phase 2 Page 2of13 Service Order # 1 software . The plans shall be formatted per City standards and submitted with other Preliminary Design Documents as noted below . To the extent practicable and as agreed by City, the design shall integrate green infrastructure elements that are intended to store, infiltrate, and evapotranspire storm water. The Preliminary Plans will include the major items of work needed to accomplish the Project goals and shall clearly identify the existing right of way limits, but do not need to include vertical information. The sheets to be provided for this Preliminary Plan submittal may include: • Title/Index Sheet Preliminary Street Improvement Plans Typical Cross Sections 2.03 Preliminary Estimate: Prepare a Preliminary Estimate of Probable Construction Cost based on items and quantities of work shown on the Preliminary Plans and other anticipated improvements. Prices will be based on the magnitude of the quantities and the Design Professional's experience with similar local Projects and engineer's judgment. 2.04 Affected Private Property Exhibits: Prepare an exhibit depicting the preliminary curb, gutter and sidewalk alignments, property lines, preliminary right of way acquisitions, and privately owned features to be modified for use by the City to engage property owners regarding potential right-of-way acquisitions. 2.0 Deliverables: (all deliverables digital unless otherwise noted) 2.01 Meeting Minutes 2.02 Preliminary Plans 2.03 Preliminary Construction Cost Estimate 2.04 Affected Private Property Exhibits HMH Engineers, Inc. McClellan Road Sidewalk Improvements Phase 2 Page 3of13 Service Order# 1 Task 3.0 Construction Document Development 3.01 Meeting: Participate in two (2) meetings with representatives of the City during the Construction Document phase and provide written meeting minutes to the City within two (2) business days. 3.02 Outreach: Attend up to two (2) community meetings scheduled by the City . Prepare displays to support the community outreach . Displays will include full size Preliminary Plans with aerial photography backgrounds and other related displays as directed by the City. 3.03 65% Construction Documents: The 65% Construction Documents shall be a refinement of the Preliminary Design documents and are to be based on comments received for the Preliminary review. The 65% Plans, Draft Technical Specifications, and 65% Cost Estimate shall be submitted together. 3.04 Utility Coordination: Coordinate with all utility owners who may have facilities within the Project area or that may be impacted by the Project work including meeting participation. Transmit preliminary plans for the identification of potential conflicts. Coordinate field reviews and investigative work by utility companies and owners as required. Coordinate relocation efforts of 3rd party utility owners with the assistance of the City . Review utility relocation plans for consistency with design drawings. 3.05 65% Plans : Prepare 65% Design Plans and submit them to the City for review and comment. 65% plans shall include any sheets not previously submitted (erosion control, draft details, etc.). Advance the design to the point that all major design issues and solutions are represented in the plans. The 65% Design Plans shall clearly identify right of way that will need to be acquired through easements or in fee to construct the proposed improvements. The following types of plans may be prepared: Title Sheet, Legend and Notes Typical Cross Sections Street Improvement Plans and Profiles Construction Details HMH Engineers, Inc. McClellan Road Sidewalk Improvements Phase 2 Page 4of13 Service Order # 1 • Signing and Striping Plans 3.06 Right of Way Plats and Descriptions: Prepare plat maps and legal descriptions for up to seventeen (17) property acquisitions or as otherwise required for the Project work, 3.07 Draft Technical Specifications: Prepare Draft Technical Specifications and submit to the City for review and comment. The Technical Specifications are to reference City or Caltrans Standard Specifications for the various items of work, including measurement and payment provisions. 3.08 65% Cost Estimate: Prepare a 65% Estimate of Probable Construction Cost based on items and quantities of work shown on the 65% Plans and other anticipated improvements. Prices will be based on the magnitude of the quantities and the Design Professional's experience with similar local Projects and engineer's judgment. 3.09 95% Construction Documents: The 95% Construction Documents shall be a refinement of the 65% Design Documents and are to be based on comments received for the 65% review. The 95% Plans, 95% Technical Specifications, and 95% Cost Estimate shall be submitted together. 3.10 95% Plans: Prepare 95% Design Plans and submit them to the City for review and comment. 3.11 95% Technical Specifications: Update the Draft Technical Specifications and submit the 95% Technical Specifications to the City for review and comment. The technical specifications are to reference City or Caltrans Standard Specifications for the various items of work, including measurement and payment provis ions. 3.12 95% Cost Estimate: Prepare a 95% Estimate of Probable Construction Cost as needed based on items and quantities of work shown on the 95% Plans and other anticipated improvements. Prices will be based on the magnitude of the quantities and the Design Professional's experience with similar local Projects and engineer's judgment. 3.0 Deliverables: (all deliverables digital unless otherwise noted) HMH Engineers, Inc . McClellan Road Sidewalk Improvements Phase 2 Page 5of13 Service Order # 1 3.01 Meeting Notes 3 .05 65% Design Plans 3.06 Plats and Legal Descriptions 3.07 Draft Technical Specifications 3.08 65% Construction Cost Estimate 3 .10 95% Design Plans 3 .11 95% Technical Specifications 3.12 95% Construction Cost Estimate Task 4.0: Final (100%) Construction Documents 4.01 100% Construction Documents: The 100% Construction Documents shall address any comments received for the 95% review. The 100% Plans, Technical Specifications, and Cost Estimate shall be submitted together on a digital media flash drive . In addition, provide one (1) complete wet signed, stamped set of Construction Documents and Technical Specifications. The submitted documents shall be in reproducible, hard copy format. City will review the 100% Construction Documents for confirmation that responses to all previously provided comments are appropriately integrated. Design Professional is to make any corrective changes to the 100% Plans and Technical Specifications that are requested by City. 4.02 100% Plans: Prepare 100% Design Plans and submit them to the City. 4.03 100% Technical Specifications: Update the Final Technical Specifications and submit the 100% Technical Specifications to the City. 4.04 100% Cost Estimate: Prepare a 100% Estimate of Probable Construction Cost as needed based on items and quantities of work shown on the 100% Plans 4 .0 Deliverables: (all deliverables digital unless otherwise noted) 4.02 100% Plans (digital+ hard copies) 4 .03 100% Technical Specificatio ns (digital + hard copies) 4.04 100% Cost Estimate HMH Engineers, Inc. McClellan Road Sidewalk Improvements Phase 2 Page 6of13 Service Order # 1 Task 5.0: Bid and Award Support 5.01 Bid Period Assistance: Provide the following bid phase services, at the City's request, through award of the construction contract: a. Attend the general contractor pre-bid meeting. b. Respond to bidders' questions until the question cutoff period identified in the bid documents package. c. Assist in the review and processing of substitution submittals during Bid phase . 5.02 Addenda Preparation: As requested by City, prepare up to (2) addenda to Project documents including, but not limited to, new or revised Plans, new or revised Technical Specifications and/or removal of items from the Project Plans and/or Specifications. 5.03 Project Document Conformance: Update the Construction Document package to include all addenda issued during the Bid process and submit a Conformed Set of Drawings and Specifications to the City within ten ( 10) days of the contract award. The Design Professional shall provide one (1) complete wet signed, stamped Conform Set of Construction Documents and Technical Specifications that includes the 100% Construction Documents Package and all bid addenda. The submitted documents shall be in reproducible, hard copy format. In addition, the Design Professional shall provide complete electronic format Conform Set Construction Documents and Technical Specifications in 1) native file formats (AutoCAD, MS Word) and 2) pdf on a flash drive media. 5.0 Deliverables: (all deliverables digital unless otherwise noted) 5.01 b Written response to Bidders' questions 5.01 c Written evaluation of substitution submittals 5.02 Project Addenda 5.03 Conformed Project Documents HMH Engineers, Inc . McClellan Road Sidewalk Improvements Phase 2 Page 7of13 Service Order # 1 Task 6.0: Construction Support 6.01 Submittal Review: Review and approve or reject the Contractor's submittals within five (5) working days of receipt. The Design Professional may request additional review time for particularly complex or unusual submittals. The City shall not grant additional review time for standard construction item submittals . The Design Professional shall maintain a detailed record of all submittals and content supplied by the Contractor. 6.02 Requests for Information: Review Contractor Requests for Information (RFI) and provide a written response to the Contractor with a copy to the City, within five (5) working days of receipt. The Design Professional's response may provide, with advance City approval, supplemental drawings and/or specifications necessary to clarify the RFI. 6 .03 Change Orders: Review and advise the City on requests by the City or Contractor for changes in the construction of the Project. The Design Professional shall review City prepared Contract Change Orders and, where necessary, prepare Drawings and Specifications to describe Work to be added, deleted or modified. The Design Professional shall maintain all records relative to changes in the construction. 6.04 Site Meetings: Attend up to two (2) site meetings in the Construction phase and provide meeting minutes to the City within two (2) business days. 6.0 Deliverables: (all deliverables digital unless otherwise noted) 6.01 Responses to submittals, submittal log 6 .02 Responses to Requests for lnfomation 6.03 Review comments for City prepared Change Orders 6.04 Meeting Minutes Task 7.0: Record Drawings 7.01 Prepare Record Drawings from City provided Contractor as-built mark up. 7.02 Provide one (1) 22" x 34 " hard copy as well as PDF and AutoCAD format electronic copies of the final record drawings. HMH Engineers, Inc . McClellan Road Sidewalk Improvements Phase 2 Page 8of13 Service Order # 1 7.0 Deliverables 7.02 Record Drawings Exclusions The items listed below are specifically excluded from the scope of work as defined above: Electrical design pertaining to new or existing streetlights or signals affected by the Project. Landscape and/or irrigation design work pertaining to existing or proposed landscaping or irrigation work beyond general notes on the plans instructing the contractor to maintain and/or replace affected systems and vegetation. Special design of non-standard retaining walls. HMH Engineers, Inc . McClellan Road Sidewalk Improvements Phase 2 Page 9of13 Se rvice Orde r # 1 SCHEDULE OF PERFORMANCE The following sets forth the distribution of the Design Professional 's Schedule of Performance for each Task. Completion times are given as durations with the understanding that some Tasks may be delayed due to factors outside of the control of the City or Design Professional. Design Professional will not be penalized in any way for delay of work due to factors outside of their control. No additional compensation will be paid due to delay of design work due to factors outside of the control of the City. Task #1 Task #2 Task #3 Task#4 Task#5 Task #6 Task #7 HMH Engineers, Inc. Data Collection Preliminary Design Construction Document Development Final Construction Documents Bid and Award Support Construction Support Record Drawings McClellan Road Sidewalk Improvements Phase 2 4 weeks 8 weeks 16 weeks 4 weeks 6 weeks 16 weeks 2 weeks Page 10of13 Service Order # 1 COMPENSATION A. Maximum Compensation The maximum amount of compensation to be paid to Design Professional under this Service Order shall not exceed Two Hundred and Fifty-Four Thousand , Eight Hundred and Eighty- Two Dollars ($254,882). Design Professional agrees that it shall perform all of the services set forth in Exhibit A of this Service Order for a maximum compensation not to exceed Two Hundred and Fifty-Four Thousand, Eight Hundred and Eighty-Two Dollars ($254,882). B. Method of Payment For Tasks 1 through 7 Design Professional shall, during the term of this Service Order, invoice the City monthly based on a percentage of completion of each milestone set forth below in the Payment Schedule (Schedule D below) for services performed in completing that milestone under this Service Order (Hereinafter "Invoice.") Provided the Design Professional has completed the services covered by the Invoice in accordance with the provisions of this Service Order and Master Agreement, as determined by the City, the City will pay Design Professional the amount shown on the Invoice within thirty (30) working days of receipt of the Invoice. The Invoice shall be based on the percentage of milestone(s) completed, and it shall describe the topics and tasks completed during the Invoice period in accordance with the Budget Schedule and Payment Schedule set forth below. The Invoice shall also show the total to be paid for the Invoice period . C . Budget Schedule The Budget Schedule for this Service Order shall be as follows: Task #1 Data Collection 29,696 Task #2 Preliminary Design 67,360 Task #3 Construction Document Development 113,704 Task #4 Final Construction Documents 13,824 Task #5 Bid and Award Support 8,992 Task #6 Construction Support 19,208 HMH Engineers, Inc . McClellan Road Sidewalk Improvements Phase 2 Pag e 11 of 13 Service Order # 1 Task #7 Record Drawings 2 098 $254,882 TOTAL Design Professional shall not exceed any of the specified budget amounts for any Task without prior written authorization from the City . The City may approve in writing the transfer of budget amounts between any of the Tasks listed above provided the total Service Order amount does not exceed Two Hundred and Fifty-Four Thousand, Eight Hundred and Eighty- Two Dollars ($254,882). D. Payment Schedule The Payment Schedule for this Service Order shall be as follows: TASKS MILESTONES % OF TASK COMPENSATION PAID UPON COMPLETION OF MILESTONE Task #1 Data Collection Initial Utility Company Outreach Completed 15% ROW and Topographic Surveys Completed 60% Base Map 25% Task #2 Preliminary Design Preliminary Plans 70% Preliminary Cost Estimate 10% Affected Private Property Exhibits 20% Task #3 Construction Document Development 65% Plans and Cost Estimate, Draft Tech. Specs 55% 95% Plans, Tech. Specs. and Cost Estimate 25% Plats and Legal Descriptions for req'd ROW 20% Task #4 Final Construction Documents 100% Plans, Tech. Specs. and Cost Estimate 100% Task #5 Bid and Award Support Response to Bidder Questions 10% Substitution Submittal Evaluation 10% Project Addenda Conformed Project Documents 30% 50% Task #6 Construction Support HMH Engineers, Inc. McClellan Road Sidewalk Improvements Phase 2 Page 12of13 Servi ce Order# 1 Submittal Responses RFI Responses Change Order Review Task #7 Record Drawings Project Record Drawings E. Subdesign Professional Services 20% 25% 55% 100% Design Professional is directly responsible for any payment for Subdesign Professional work on this Project. Sub design Professional work on this Project is included in the Budget Schedule shown above and shall be billed to the City by Design Professional as part of the Tasks covered by this Service Order. F. Reimbursable Expenses Reimbursable expenses are included in Design Professional's compensation, including, but not limited to, any expenses related to Design Professional's internal plan checks, CAD test prints, and document or fax copies. Plotting and printing for public distribution will be the responsibility of the City. There are no separate reimbursable expenses for services performed under Tasks 1 through 7 of Exhibit A of this Service Order. HMH Engineers, Inc . McClellan Road Sidewalk Improvements Phase 2 Page 13of13 n ( c: -0 -.. Proposed Sidewalk Proposed Sidewalk (Priority) 1 in= 250 ft 0 250 Feet Project Map McClellan Rd Sidewalk Study IH TUWIST CO NS Ul l lN G G R 0 U P Figure 3 Map by :M D Date : 212112013 Aerial Photo Date : 2011 Service Order #2 MASTER AGREEMENT PO#: 2017-3 Service Order#: 2 ~.;.;...;;._ _________ _ -------- Maximum Compensation: $ 1,000,000.00 Term:NTP: September 6, 2016 End Date: December 31, 2018 Approval by: Date: City Manager D Director D -------- Consultant: City Council l•I Item #:_1.;..9 ___ _ Firm Name: HMH Engineers, Inc. Street: 1570 Oakland Road City, State, Zip: San Jose, CA 95131 Contact Name: WIiiiam J. Wagner PROJECT DESCRIPTION Project Name: Sidewalk Renovation-Stevens Creek Blvd []Description: (simple project description if appropriate) Date: September 6, 2016 Phone: 408-487 -2200 [@JExhibit A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: _J..;..oh_n_R....;a.;.a:...ym....;a.;.,k.;.,er.;.s _____ _ HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 1 of 13 Service Order #2 BUDGET/ FISCAL Master Agreement Maximum Compensation: Previously Encumbered on MA: S.O. # 1, Acct. 270·90-976-900-905-ST 009-02-02 McClellan Rd. Sldewalk Improve. Ph.2 S.0.# ______________________ _ S.0.# _____________________ _ s.o. # ______________________ _ s.o. # ______________________ _ s.o. # _____________________ _ S.0.# _____________________ _ s.o. # _____________________ _ S.0.# ______________________ _ S.0.# ______________________ _ Amount $ 1,000,000.00 $ 254,882.00 Total Previously Encumbered to Date: $ 254,882.00 Current Unencumbered amount in MA: $ 745,118.00 Encumbrance: s.o. # 2, Acct. 270-99-046-900-905-ST 015-02-02 Sidewalk Renovation-Stevens Creek $ 28 ,550 .oo Total Encumbered to Date including this S.O.: $ 283,432.00 Contract Manager: APPROVALS Consultant: Director of Public Wor Master Agreement Balance:$ 716,568.00 Date: 1Z-Z-(cP Date: (fJ ·Zt>-1{, Date: I { ,/2-;j (., Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. ' City Finance: ___ ../J\,ici<l:i.r,1.!!n..,..c.!UJ~IAt-Ol::=---- ~anagement Analyst Date: / / · Z..,• ( ((7 --'--~_;_....i;;,. __ HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 2 of 13 Service Order #2 EXHIBIT A Scone of Services Design Professional shall provide certain Civil Engineering services as required and requested by City. Design Professional shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from City's Director of Public Works or authorized Agent as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service Order. A. Specific Performance Requirements The Project consists of the replacement of existing sidewalk pavers with standard poured-in- place concrete sidewalk. For the locations shown on Attachment A, Design Professional is to provide plans to remove some of the existing pavers and install a concrete. walkway that is a minimum of 48" in width. The actual width will in part be determined by the existing pavers. The concrete walkway layout will be designed to minimize or eliminate any cutting of pavers that are to remain. The walkway design will include transitions as needed for a continuous pathway. Transitions may be at comer ramps or to provide shifts In the alignment to avoid obstructions such as street furniture and/or trees and tree wells. The plans are to show that the proposed concrete sidewalk will conform to and replicate the existing slope/grade of the existing pavers. The layout will preserve the existing pavers wherever feasible and will be done in a fashion that considers the resulting aesthetics of the modifications. Plans for the work are to be overlaid on an aerial background and be to scale. Project specific requirements are to be included in the plan set as notes or details. Existing utilities will not be included on the plans. Design Professional will not provide separate technical specifications. City is to provide the aerial photograph background for the plan sheet(s). HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 3 of 13 Service Order #2 For the Project, Design Professional may provide any or all of the following tasks and subtasks, as is required for the specific Project: Task 1.0 Data Collection 1.01 Existing Data Assembly: Design Professional shall review Project data provided by the City that may include, but is not limited to: aerial photography and record drawings of existing improvements. The Design Professional shall be entiUed to reasonably rely upon the accuracy and sufficiency of any information provided to the Design Professional by the City or the City's agents. 1.02 The Design Professional shall utilize existing data to the extent possible and infonn the City Immediately of problems associated with using existing data for Project base infonnation. 1.0 Deliverables: (all deliverables digital unless otherwise noted) 1.02 Base Map/Background Task 2.0: Preliminary Design 2.01 Meetings: Participate in one (1) design team meeting with representatives of the City during the Preliminary Design phase and provide written meeting minutes to the City within two (2) business days. 2.02 Preliminary Plans: Prepare Preliminary Design Plans and submit them to the City for review and comment. The plans shall be prepared digitally using current AutoCad software. The plans shall be formatted per City standards and submitted with other Preliminary Design Documents as noted below. The Preliminary Plans will include the major items of work needed to accomplish the Project goals. The Plans will not call out specific elevations for existing or proposed improvements. The Plans will reference horizontally to existing features. No survey control will be established for design or construction. Plans will be prepared over an aerial photo base provided by the City. HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 4 of 13 Service Order #2 The sheets to be provided for this Preliminary Plan submittal may include: • TiUe/lndex Sheet • Improvement Plans at a scale of 1" = 20' • Typical Cross Sections • Construction Details 2.03 Preliminary Estimate: Prepare a Preliminary Estimate of Probable Construction Cost based on items and quantities of work shown on the Preliminary Plans and other anticipated improvements. Prices will be based on the magnitude of the quantities and the Design Professional's experience with similar local projects and engineer's Judgment. 2.0 Deliverables: (all deliverables digital unless otherwise noted} 2.01 Meeting Notes 2.02 Preliminary Plans 2.03 Preliminary Construction Cost Estimate Task 3.0 Construction Document Development 3.01 Meetings: Participate in one (1) design team meetings with representatives of the City during the Construction Document phase and provide written meeting minutes to the City within two (2) business days. 3.02 95% Construction Documents: The 95% Construction Documents shall be a refinement of the Preliminary Design Documents and are to be based on comments received for the Preliminary review. The 95% Plans and 95% Cost Estimate shall be submitted together. 3.03 95% Plans: Prepare 95% Design Plans and submit them to the City for review and comment. 3.04 95% Cost Estimate: Prepare a 95% Estimate of Probable Construction Cost as needed based on items and quantities of work shown on the 95% Plans and other anticipated improvements. Prices will be based on the magnitude of the quantities and the Design Professional's experience with similar local projects and engineer's judgment. HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 5 of 13 Service Order #2 3.0 Deliverables: (all deliverables digital unless otherwise noted) 3.01 Meeting Notes 3.03 95% Design Plans 3.04 95% Construction Cost Estimate Task 4.0: Flnal (100%) Construction Documents 4.01 100% Construction Documents: The 100% Construction Documents shall address any comments received for the 95% review. The 100% Plans and Cost Estimate shall be submitted together on a digital media flash drive. In addition, provide one (1) complete wet signed, stamped set of Construction Documents. The submitted documents shall be In reproducible, hard copy format. City will review the 1 00% Construction Documents for confirmation that responses to all previously provided comments are appropriately Integrated. Design Professional Is to make any corrective changes to the 100% plans that are requested by City. 4.02 100% Plans: Prepare 100% Design Plans and submit them to the City. 4.03 100% Cost. Estimate: Prepare a 100% Estimate of Probable Construction Cost as needed based on Items and quantities of work shown on the 100% Plans 4.0 Deliverables: (all deliverables digital unless otherwise noted) 4.02 100% Plans (digital+ hard copies) 4.03 100% Cost Estimate Task 5.0: Bid and Award Support 5.01 Bid Period Assistance: Provide the following bid phase services, at the City's request, through award of the construction contract: a. Attend the general contractor pre-bid meeting. b. Respond to bidders' questions until the question cutoff period identified in the bid documents package. c. Assist In the review and processing of substitution submittals during Bid phase. HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 6 of 13 Service Order #2 5.02 Addenda Preparation: As requested by City, prepare addenda to Project documents including, but not limited to, new or revised Plans and/or removal of items from the Project Plans. 5.03 Project Document Conformance: Update the Construction Document package to include all addenda issued during the bid process and submit a Conformed Set of Drawings to the City within ten (10) days of the contract award. The Design Professional shall provide one (1) complete wet signed, stamped Conform Set of Construction Documents that includes the 100% Construction Documents Package and all bid addenda. The submitted documents shall be in reproducible, hard copy format. In addition, the Design Professional shall provide complete electronic format Conform Set Construction Documents in 1) native file formats (AutoCAD, MS Word) and 2) pdf on flash drive media. 5.0 Deliverables: (all deliverables digital unless otherwise noted) 5.01 b Written response to Bidders' questions 5.01 c Written evaluation of substitution submittal& 5.02 Project Addenda 5.03 Conformed Project Documents Task 6.0: Construction Support 6.01 Requests for Information: Review Contractor Requests for Information (RFI) and provide a written response to the Contractor with a copy to the City, within five (5) working days of receipt. The Design Professional's response may provide, with advance City approval, supplemental drawings necessary to clarify the RFI. 6.02 Change Orders: Review and advise the City on requests by the City or Contractor for changes in the construction of the Project. The Design Professional shall review City prepared Contract Change Orders and, where necessary, prepare Drawings to describe Work to be added, deleted, or modified. The Design Professional shall maintain all records relative to changes in the construction. HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 7 of 13 Service Order #2 6.03 Site Meetings: Attend up to two (2) site meetings In the Construction phase and provide meeting minutes to the City within two (2) business days. 6.0 Deliverables: (all deliverables digital unless otherwise noted) 6.01 Responses to Requests for lnfomation 6.02 Review comments for City prepared Change Orders 6.03 Meeting Minutes Exclusions: The items listed below are specifically excluded from the scope of work as defined above: Electrical design pertaining to new or existing streetlights or signals affected by the project. Landscape and/or irrigation design work pertaining to existing or proposed landscaping or irrigation work beyond general notes on the plans Instructing the contractor to maintain and/or replace affected systems and vegetation. Coordination with utility companies for protection and adjustment of boxes within the limit of work Design of restorative work to correct failing or dislodged paving stones outside of the construction footprint. • Assessment of ADA compliance of existing facilities Design of line and grade to specify elevations for Americans with Disabilities Act (ADA) compliance. Design of improvements pertaining to the replacement of curb and gutter, curb ramps or existing sidewalk. Specifications or special provisions In book form. -Outreach and mapping of existing underground utilities. HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 8 of 13 Service Order #2 SCHEDULE OF PERFORMANCE Design Professional shall complete all work by June 30th, 2017. The following sets forth the distribution of Design Professional's Schedule of Performance for each task. The City may approve in writing the extension of any milestone date set in this Exhibit. Task#1 Data Collection Task#2 Preliminarv Desian Task#3 Construction Documents Task#4 Final Construction Documents Task#5 Bid and Award Support Task#6 Construction Sunnort COMPENSATION A. Maximum compensation Comoletion November 2. 2016 November 16-2016 December 16, 2016 Januaru 13-2017 February 21, 2017 estimated Mav 31, 2017-estimated The maximum amount of compensation to be paid to Design Professional under this Service Order shall not exceed Twenty-Eight Thousand, Five Hundred and Fifty Dollars ($28,550.00). Design Professional agrees that it shall perform all of the services set forth in Exhibit A of this Service Order for a maximum compensation not to exceed Twenty-Eight Thousand, Five Hundred and Fifty Dollars ($28,550.00). B. Method of Payment For Tasks 1 through 6 Design Professional shall, during the term of this Service Order, invoice the City monthly based on a percentage of completion of each milestone set forth below in the Payment Schedule (Schedule D below) for services performed in completing that milestone under this Service Order (hereinafter "Invoice.") provided the Design Professional has completed the services covered by the Invoice in accordance with the provisions of this Service Order and Master Agreement, as determined by the City, the City HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 9 of 13 Service Order #2 will pay Design Professional the amount shown on the Invoice within thirty (30) working days of receipt of the Invoice. The Invoice shall be based on the percentage of milestone(s) completed, and it shall describe the topics and tasks completed during the Invoice period In accordance with the Budget Schedule and Payment Schedule set forth below. The Invoice shall also show the total to be paid for the Invoice period. c. Budget Schedule The Budget Schedule for this Service Order shall be as follows: Task#1 Data Collection 1,696 Task#2 Preliminary Design 6,694 Task#3 Construction Document Development 12,470 Task#4 Final Construction Documents 3,260 Task#5 Bid and Award Support 2,284 Task#6 Construction Support 2,146 TOTAL $28,550 Design Professional shall not exceed any of the specified budget amounts for any Task without prior written authorization from the City. The City may approve In writing the transfer of budget amounts between any of the Tasks listed above provided the total Service Order amount does not exceed Twenty-Eight Thousand, Five Hundred and Fifty Dollars ($28,550.00). HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 10 of 13 Service Order #2 D. Payment Schedule The Payment Schedule for this Service Order shall be as follows: TASKS MILESTONES Task #1 Data Collection Base Map/Background Task #2 Preliminary Design Preliminary Plans Preliminary Cost Estimate Task #3 Construction Document Development 95% Plans 95% Estimate Task #4 Final Construction Documents 100% Plans 100% Cost Estimate Task #5 Bid and Award Support Response to Bidder Questions Project Addenda Conformed Project Documents Task #6 Construction Support RFI Responses Change Order Review E. Subdesiqn Professional Services %OF TASK COMPENSATION PAID UPON COMPLETION OF MILESTONE 100% 90% 10% 90% 10% 90% 10% 20% 40% 40% 50% 50% Design Professional is directly responsible for any payment for Subdesign Professional work on this Project. Subdesign Professional work on this Project is included in the Budget Schedule shown above and shall be billed to the City by Design Professional as part of the Tasks covered by this Service Order. HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 11 of 13 Service Order #2 F. Reimbursable Expenses Reimbursable expenses are included in Design Professional's compensation, including, but not limited to, any expenses related to Design Professional's internal plan checks, CAD test prints, and document or fax copies. Plotting and printing for public distribution will be the responsibility of the City. There are no separate reimbursable expenses for services performed under Tasks 1 through 6 of Exhibit A of this Service Order. HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 12 of 13 CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSULT ANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER MASTER AGREEMENT PO#: 2017-3 Service Order No.: 3 Maximum Compensation: $1,000,000 Account No.: 270-90-976-900-905-ST 0096-02-02 Agreement Term: December 31, 2018 Approval by: Con•ultanl: Project Description: Project Name: City Council Item No. 19 HMH Engineers, Inc. 1570 Oakland Road San Jose, CA 95131 Contact: WiJiiam J. Wagner Date: September 6, 2016 Phone: (408) 487-2200 McClellan Road Sidewalk-Right of Way Staking Pro· ect # 2015-19 WDescriplion: Stake approximately 20 properties within the scope of the McClellan Road Sidewalk Improvements-Phase 2 to delineate existing and proposed right of way as well as temporary construction easements. Compensation Prooerty line and easement staking $9,500 Total-Not to Exceed $9,500 OAttachment A: lin its entirety, as described in the Contract Docnments City Project Management Managing Department: Public Works City of Cupertino HMH Engineers, Inc. Project Manager: John Raaymakers Page 1 of 2 Service Order No. 3 CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSUL TANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER Fiscal/Budget Master Agreement Maximum Compensation: Previously Encumbered on Master Agreement· SO #1 McClellan Rd SW Phase 2: 270-90-976-900-905-ST 009-02-02 SO #2 Sidewalk Renovation-SCB : 270-99-046-900-905-ST 015-02-02 Total Previously Encumbered to Date: Current Unencumbered amount in MA: ENCUMBRANCE: ENCUMBER: SO #3 McClellan Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02 Total Encumbered lo Date including this SO: Master Agreement Balance: Contract Manager: 'l. ;( {__,____ Date: Z--Z.l-l'f "':::ya~ Director of Public Works:c :z'.c2 Date: Date: Appropriation Certification: I hereby t-ertify that an unexpended appropriation is avai.lable in the above fund for the above contract as estimated and that fund are available as of this date of signature. City Finance: City oi Cuperlum HMH Engineers, Inc. Page2of2 Amount $1,000,000 $254,882 $28,550 $283,432 $716,568 $9,500 $292,932 $707,068 Servim Order No. 3 CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSULTANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER MASTER AGREEMENT PO #: 201 7-3 Service Order No.: 4 fo ~( 1-... '5 3.;,- ~~ Vt 1----3 Maximum Compensation: $1,000,000 Account No.: 420-99 -0 41-90 0-905 ST 021-02 -02 Agreement Term: D ecember 3 1, 201 8 Approval by: Consultant: Project Description: Project Name: C ity Council Item No. 19 HMH En gineer s, Inc. 1570 Oakland Ro ad San Jose, CA 9513 1 Contac t: W ill iam J. W a gne r Re ta ining W a ll Re pla cement -Regn art Road P roje ct # 201 7-12 Date: Septembe r 6, 201 6 P h on e: (408) 487-2200 0oescription: The Project w ill replace an exisiting wood en re ta ining wall on Regna rt Road n ear Re gnart Canyon Drive. The r e placem ent re ta ining w all w ill b e co n s tructe d of cas t-in-p l ace co n crete. ~ A tta chme nt A: Includes Scop e of Se r v i ce, Sch e dule of P erfo r m ance and Co mpen sa ti on . City Project Management Mana ging De p a rtme nt: P u blic Wo rks City of Cuper tino HMH Eng ineers, Inc. P roje ct Man ager: John Raaymak ers Page 1 of 2 Se r vi ce O rd er #4 Fiscal/Budget CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSULT ANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER Master Agreement Maximum Compensation: Previously Encumbered on Master Agreement: SO #1 McClellan Rd SW Phase 2 : 270-90-976-900-905-ST 009-02-02 SO #2 Sidewalk Renovation-SCB : 270-99-046-900-905-ST 015-02-02 SO #3 McOellan Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02 Total Previously Encumbered to Date: Current Unencumbered amount in MA: ENCUMBRANCE: ENCUMBER: SO #4 Retaining Wall Replace-Regnart Rd 420-99-041-900-905 ST 021-02-02 Total Encumbered to Date including this SO: Contract Manager. ~ /( JL_ APPROVALS Director of Public Wor~e Master Agreement Balance: Date: S -/8 -17 Date: s!te h 1 ,~ Date: !;(27;/r 7 r I , Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. City Finance: City of Cupertino HMH Engineers, Inc. NW~ ,;(10 l l r ~ tf U l 't-.-'5 Bol-. Page2of2 Date: 5 1 ,, /tr Amount $1,000,000 $254,882 $28,550 $9,500 $292,932 $707,068 $65,371 $358,303 $641,697 Service Order #4 Attachment A Scope of Services Design Professional shall provide certain Civil Engineering services as required and requested by City. Design Professional shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from City's Director of Public Works or authorized Agent as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service Order. A. Design Approach The Project, as defined below, pertains to the existing retaining wall on Regnart Road in the City of Cupertino generally defined as approximately 150' long south of Regnart Canyon Drive . Work includes removal and replacement of the existing earth retaining structure. Design Professional assumes an iterative design process including Preliminary, Draft and Final Construction Document submittals. The Design Professional will provide plans and estimates for work necessary for the construction of a concrete, cast-in-place retaining wall at the project location. Separate book specifications will not be prepared. Specifications will be shown in note form on the plans and will reference applicable Caltrans Specifications, as applicable. The Design Professional will perform field survey and engage a geotechnical sub-consultant to perform a test boring in the project vicinity to establish existing conditions. Design Professional will engage a Structural Engineering subconsultant to provide retaining wall d etails and calcu lations based on the existing conditions information acquired. B. Specific Performance Requirements For the Project, Design Professional may provide the following tasks and subtasks, as is required for the Project: Retaining Wall Replacement-Regnart Road Attachment A -Service Order 114 Page 1 of 11 Task 1.0: Data Collection 1.1 Existing Data Assembly: D esign Professional shall review Project data provided by the City that may include, but is not limite d to: topographic survey, geotechnical reports, traffic shtdies, CEQA documents, other environmental shldies, tree surveys, arborist's reports, approved Master Plan(s), development plans, or other such data. The Design Professional shall b e entitled to reasonably rely upon the accuracy and sufficiency of any information provided to the Design Professional by the City or the City's agents. 1.2 Geotechnical Investigation and Memorandum: Research available geologic literature in the site vicinity . Mark proposed soil boring locations for USA clearance. Perform one soil boring roughly 30' deep using a hollow stem auger. Grout bore hole after drilling. Perform laboratory tests on representative soil/rock samples such as moisture density, gradation analysis, strength tests, corrosion tests and Plasticity Index tests, as necessary. Perform engineering analysis and provide design recommendations. Prepare a Geological Memorandum to summarize conclusions. 1.3 Utility Record Research: Contact utility companies with facilities within the Project area as identified b y a USA database search. Acquire available utility record drawings and as-built information. Plot existing utilities within CAD for use in Project base maps. 1.4 Topographic Survey: Establish temporary survey conhol to be used during design and construction. Perform field Topographic Survey to obtain locations of utility surface facilities, inverts of accessible storm drain manholes, inlets, and sanitary sewer manholes . Survey ex isting retaining wall at bottom of wall, top of wall, and back of wall . . Survey existing pavement, curbs, sidewalk and other improvements at points of conform . Obtain location and sizes of trees and other existing feahues that may impact the Project design. 1.5 Right-of-Way Survey: Perform fi e ld survey of existing control and monumentation . Locate existing survey monuments and accessible property corners and compute th e existing right-of-way b ase d on available information that may include boundary evidence and records maps . Prepare a calculated base map of the existing record right- of-way for use in d esign. Design Professional will not resolve the boundary of individual properties and side property lines of parcels. Retaining Wall Replacement-Regnart Road Attachment A -Service Order #4 Pag e 2 of 11 1.6 Base Mapping: Plot feahues collected through topographic survey using current AutoCAD software on a screened aerial photo base as a background for proposed improvements. 1.0 Deliverables: (all deliverables digital unless otherwise noted) • Scalable Base Map in AutoCAD (current version) Format • Geotechnical Memorandum Task 2.0: Preliminary Construction Documents 2.1 Meetings: Participate in one (1) design team meetings, as necessary, with representatives of the City during the Preliminary Design phase and provide written meeting minutes to the City within five (5) business days. 2.2 Preliminary (35%) Plans: Prepare Preliminary Plans and submit to the City for review and comment. The plans shall be prepared digitally using current AutoCAD software. The plans shall be formatted per City standards and submitted with other Preliminary Design Documents as noted below . The Draft Plans will be developed to approximately 35% of the final product and will include major items of work needed to accomplish the Project. Specifications will be added to the notes shown in the plans . The sheets to be provided for this Preliminary Plan submittal may include: • Title Sheet, Legend and Notes • Retaining Wall Layout and Elevation 2.3 Preliminary (35 %) Estimate: Prepare a Draft Estimate of Probable Construction Cost based on items and quantities of work shown on the Draft Plans. Prices will be based on the magnitude of the quantities and the Design Professional's experience with similar local projects and engineer's judgment. 2.0 Deliverables: (all d eliv erables digital unless otherwise noted) • Meeting Minutes • Preliminary Plans • Preliminary Construction Cost Estimate Retaining Wall Replacement-Regnart Road Attachment A -Se rvice Order #4 Page 3 of 11 Task 3.0: Draft Construction Documents 3.1 Meetings: Participate in one (1) design team meeting, as necessary, with representatives of the City during the Draft Design phase and provide written meeting minutes to the City within five (5) business days. 3.2 Draft (65%) Plans: Prepare Draft Plans and submit to the City for review and comment. The plans shall be prepared digitally using current AutoCAD software . The plans shall be formatted per City standards and submitted with other Draft Design Documents as noted below. The Draft Plans will be developed to approximately 65% of the final product and will include major items of work needed to accomplish the Project. Specifications will be added to the notes shown in the plans. The sheets to be provided for this Draft Plan submittal may include: • Title Sheet, Legend and Notes • Improvement Plans, including Retaining Wall Layout and Elevation • Construction Details 3.3 Draft (65%) Estimate: Prepare a Draft Estimate of Probable Construction Cost based on items and quantities of work shown on the Draft Plans. Prices will be based on the magnitude of the quantities and the Design Professional's experience with similar local projects and engineer's judgment. 3.0 Deliverables: (all deliverables digital unless otherwise noted) • Meeting Minutes • Draft Plans • Draft Construction Cost Estimate Task 4.0 Final Construction Documents 4.1 Meetings: Participate in one (1) meeting with representatives of the City during the Final Construction Document Task and provide written meeting minutes to the City within five (5) business days . 4.2 Final Plans: Prepare Final Design Plans and submit to the City for review and comment. The Final Design Plans will incorporate City comments from the Draft Submittal. Specifications will be added to the notes shown in the plans. The following types of plans may be prepared : Retaining Wall Replacement -Regnart Road Attachment A -Service Order #4 Page 4 of 11 • Title Sheet, Legend and Notes • Improvement Plans, including Retaining Wall Layout and Elevation • Construction Details Provide one (1) complete wet signed, stamped set of Construction Documents. City will review the Final Construction Documents for confirmation that responses to all previously provided comments are appropriately integrated . Design Professional is to make corrective changes to the Final Plans that are requested by City. 4.3 Final Cost Estimate: Prepare a Final Estimate of Probable Construction Cost based on items and quantities of work shown on the Final Plans. Prices will be based on the magnitude of the quantities and the Design Professional's experience with similar local projects and engineer's judgment. 4.0 Deliverables: (all deliverables digital unless otherwise noted) • Meeting N ates • Final Design Plans • Final Cost Estimate • Structural Calculations Task 5.0: Bid and Award Support 5.1 Bid Period Assistance: Provide the following bid phase services, at the City's request, through award of the construction contract: a. Attend the general contractor pre-bid meeting. b. Respond to bidders' questions until the question cutoff period identified in the bid documents package. c. Assist in the review and processing of substitution submittals during Bid phase. 5.2 Addenda Preparation: As requested by City, prepare up to one (1) addenda to Project documents including, but not limited to, new or revised Plans and/or removal of items from the Project Plans. 5.3 Project Document Conformance: Update the Construction Document package to include all addenda issued during the Bid process and submit a Conformed Set of Drawings and Specifications to the City within ten (10) days of the contract award. Retaining Wall Replacement-Regnart Road Attachment A -Service Order #4 Page 5 of 11 The Design Professional shall provide one (1) complete wet signed, stamped Conform Set of Construction Documents that includes the 100% Construction Documents Package and all bid addenda. The submitted documents shall be in reproducible, hard copy format. In addition, the Design Professional shall provide complete electronic format Conform Set Construction Documents in 1) native file formats (AutoCAD, MS Word) and 2) pdf on a flash drive media. 5.0 Deliverables: (all deliverables digital unless otherwise noted) • Written response to Bidders' questions • Written evaluation of substitution submittals • Project Addenda • Conformed Project Documents Task 6.0: Construction Support 6.1 Submittal Review: Review and approve or reject the Contractor's submittals within five (5) working days of receipt. The Design Professional may request additional review time for particularly complex or unusual submittals. The City shall not grant additional review time for standard construction item submittals. The Design Professional shall maintain a detailed record of all submittals and content supplied by the Contractor. 6.2 Requests for Information: Review Contractor Requests for Information (RFI) and provide a written response to the Contractor with a copy to the City, within five (5) working days of receipt. The Design Professional's response may provide, with advance City approval, supplemental drawings and/or specifications necessary to clarify the RFI. 6.3 Change Orders: Review and advise the City on requests by the City or Contractor for changes in the construction of the Project. The Design Professional shall review City prepared Contract Change Orders and, where necessary, prepare Drawings and Specifications to describe Work to be added, deleted or modified. The Design Professional shall maintain all records relative to changes in the construction. 6.4 Site Meetings: Attend one (1) site meeting in the Construction phase and provide meeting minutes to the City within two (2) business days. Retaining Wall Replacement -Regnart Road Attachment A -Service Order #4 Page 6 of 11 6.0 Deliverables: (all deliverables digital unless otherwise noted) • Responses to submittals, submittal log • Responses to Requests for Infomation • Review comments for City prepared Change Orders • Meeting Minutes Task 7.0: Record Drawings 7.1 Prepare Record Drawings from City provided Contractor as-built mark up. Provide one (1) 22" x 34" hard copy as well as PDF and AutoCAD format electronic copies of the final record drawings . 7.0 Deliverables • Record Drawings Retaining Wall Replacement-Regnart Road Attachment A -Service Order #4 Page 7 of 11 Assumptions and Exclusions The following assumptions were made in preparation of this scope of work: • All work is within the City of Cupertino Right-of-Way. No record boundary or right-of- way mapping services are included in this scope of work. • The City will prepare, obtain and coordinate all permitting requirements and obtain environmental clearance for the work. • The City will lead all public outreach activities. No community meetings are assumed for the project. • Landscape and irrigation work will b e identified as 'replace in kind' on the plans. No detailed design or investigation of existing infrashucture will be performed . • The project is limited to the work necessary to replace the existing concrete wall. No modifications to the roadway, drainage, utilities or other items not directly affected by the project will be p erformed . • Only one retaining wall design condition w ill b e accommodated. • The retaining wall will be cast-in-place. This scope of work does not include any work associated with a shotcrete construction m ethod. • Retaining wall design conditions and criteria will not materially change once the design has started. • Structural comments on the 65% submittal are assumed to be minor and not result in changes to the wall type, dimensions or reinforcing details . • Plans and Specificatiqns will be base d on the 2015 Caltrans Standard Plans and Specifications. • Remedial engineering design to d e te rmine correct action required due to materials and/or contractor's operations not m eeting contract requirements is not anticipated to be needed. • Struchue observation during construction is not included in this scope of services. It is assumed that the inspection firm retained by the City will perform struchue inspections and prepare a letter of conformance to the City stating that the Contractor's work was performed in conformance with the approved construction drawings. The items listed b e low are specifically excluded from the scope of works defined above: • Electrical design pertaining to new or ex i s ting streetlights or signals affected by the Project. Retaining Wall Replacement-Regnart Road Attachment A -Service Order #4 Page 8 of 11 • Landscape and/or irrigation design work pertaining to existing or proposed landscaping or irrigation work beyond general notes on the plans instructing the contractor to maintain and/or replace affected systems and vegetation. • Environmental permitting and clearance activities • Public outreach support activities. • Right of way mapping and monumented survey control • Arborist reports or tree health evaluations Schedule of Performance The following sets forth the distribution of CONSULTANT's Schedule of Performance for each project. The CITY may approve in writing the extension of any milestone date set in this Exhibit. Task #1 Data Collection Initiate work upon Service Order execution. Estimated May 22, 2017 Task#2 Preliminary PS&E Submittal to City June 5, 2017 Task #3 DraftPS&E Submittal to City July 24, 2017 Task #4 Final PS&E Submittal to City August 15, 2017 Task #5 Bid & Award Support During Bid and Award phase Task #6 Construction Support During Construction phase Task #7 Record Drawings 2 weeks following receipt of red-line plans Dates in the schedule above are based on the estimated date of Service Order execution. Adjustments to the schedule will be made if the Service Order is executed on another date. Dates for Tasks 3 and 4 are based on a 2 week review of the Preliminary PS&E, and a 1 week review of the Draft PS&E . Retaining Wall Rep lacement-Regnart Road Attachment A -Service Order #4 Page 9 of 11 Compensation A. Maximum Compensation. The CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions of this SERVICE ORDER. The maximum amount of compensation to be paid to CONSULTANT under this SERVICE ORDER, shall not exceed SIXTY- FIVE THOUSAND, THREE HUNDRED AND SEVENTY-ONE DOLLARS ($65,371). CONSULTANT agrees that it shall perform all of the services set forth in Exhibit A of this SERVICE ORDER for the maximum not to exceed amount of SIXTY-FIVE THOUSAND, THREE HUNDRED AND SEVENTY-ONE DOLLARS ($65,371). B. Method of Payment For Task Nos. 1 through 7, CONSULTANT shall, during the term of this SERVICE ORDER, invoice the CITY monthly based upon a percentage of completion of each task, and reimbursable expenses incurred if applicable, in completing that task under this SERVICE ORDER. (Hereinafter "Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable expenses covered by the Invoice in accordance with the provisions of this SERVICE ORDER, as determined by the CITY, the CITY shall pay CONSULT ANT the amount shown on the Invoice within thir ty (30) working days of receipt of the Invoice. The Invoice shall be based on the percentage of task completed, and it shall describe the topics and tasks completed during the Invoice period in accordance with the Budget Schedule set forth below . The Invoice shall list work completed and reimbursable expenses if applicable, in accordance with the Budget Schedule set forth below. CONSULTANT also shall include supporting documents for any reimbursable expenses. The Invoice shall also show the total to be paid for the Invoice period . Retaining Wall Replacement-Regnart Road Attachment A -Service Order #4 Page 10 of 11 C. Budget Schedule The Budget Schedule for this SERVICE ORDER shall be as follows: Task #1 Task #2 Task #3 Task #4 Task #5 Task #6 Task #7 Task Description Data Collection Preliminary Conshuction Documents Draft Construction Documents Final Construction Documents Bid and Award Support Construction Support Record Drawings TOTAL Task Compensation 21,880 8,252 14,603 9,968 2,356 6,403 1,909 $65,371 CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior written authorization from the CITY. The CITY may approve in writing the hansfer of budget amounts between any of the Tasks listed above provided the total SERVICE ORDER amount does not exceed SIXTY-FIVE THOUSAND, THREE HUNDRED AND SEVENTY-ONE DOLLARS ($65,371). D. Subconsultant Services. CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this PROJECT. SUBCONSULT ANT work on this PROJECT is included in the Budget Schedule shown above and shall be billed to the CITY by CONSULT ANT. E. Reimbursable expenses. Reimbursable expenses are included in CONSULTANT's lump sum compensation, including, but not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test prints, 8 1/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the responsibility of the CITY. There are no separate reimbursable expenses for work performed under Tasks 1-7 in the Scope of Services . Retaining Wall Replacement-Regnart Road Attachment A -Service Order #4 Page 11 of 11 CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSULTANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER MASTER AGREEMENT PO #: 2017-3 Service Order No.: 5 Maximum Compensation: $1,000,000 Account No.: 270-90-958-900-905-ST 013-02-02 Agreement Term: December 31, 2018 Approval by: Consultant: Project Description: Project Name: DDescription : City Council Item No. 19 HMH Engineers, Inc. 1570 Oakland Road San Jose, CA 95131 Contact: William J. Wagner Sidewalk Improvements-Orange & Byrne Project# 2016-10 Date: September 6, 2016 Phone: (408) 487-2200 0 Attachment A : Includes Scope of Service, Schedule of Performance and Compensation. City Project Management Managing Department: Public Works City of Cupertino HMH Engineers, Inc. Project Manager: John Raa y makers Page 1 of 2 Service Order #5 CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSULTANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER Fiscal/Budget Master Agreement Maximum Compensation: Previously Encumbered on Master Agreement: SO #1 McClellan Rd SW Phase 2 : 270-90-976-900-905-ST 009-02-02 SO #2 Sidewalk Renovation-SCB : 270-99-046-900-905-ST OlS-02-02 SO #3 McClellan Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02 SO #4 Retaining Wall Replace-Regnart Rd 420-99-041-900-905 ST 021-02-02 Total Previously Encumbered to Date: Current Unencumbered amount in MA: ENCUMBRANCE: ENCUMBER: SO #5 Sidewalk Improvements-Orange & Byrne Pre::....:..~;; Design ;lw-'tO-'i~i 't ov -'lo~-Total Encumbered to Date including this SO: .?.:>T OL 3>. D 2 .oz. Oo "-7,() q. _ -51+ 3 Master Agreement Balance: Contract Manager: 'f-fc__ Date: 6 -1-17 APPROVALS Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. Ci ty of Cupertino HMH Engineers, Inc. Page2 of2 Date: Amount $1,000,000 $254,882 $28,550 $9,500 $65,371 $358,303 $641,697 $114,124 $472,427 $527,573 Service Order #5 Service Order# 5 Attachment A Scope of Services Design Professional shall provide certain Civil Engineering services as required and requested by City. Design Professional shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from City's Director of Public Works or authorized Agent as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service Order. A. Specific Performance Requirements The Project is generally described as roadway improvements along Byrne Ave and Orange Ave between McClellan Road to the south and Granada Ave to the north. Work includes infilling gaps in existing curb, gutter and sidewalks including changes and improvements needed to accomplish continuous walkways in the Project areas. The plans, specifications and estimates will be delivered in two (2) packages, herein referred to as "Orange" and "Byrne", consisting of the elements defined in the tasks below. This division will be used for deliverables as directed by the City . For the Project, Design Professional will provide the following tasks and subtasks, as is required for the Project: Task 1.0: Data Collection 1.1 Existing Data Assembly: Design Professional shall review Project data provided by the City that may include, but is not limited to: topographic survey, geotechnical reports, traffic studies, CEQA documents, other environmental studies, tree surveys, arborist's reports, approved Master Plan(s), development plans, or other such data. The Design Professional shall be entitled to reasonably rely upon the accuracy and sufficiency of any information provided to the Design Professional by the City or the City's agents . 1.2 Utility Record Research: Contact utility companies with facilities within the Project area as identified by a USA database search. Acquire available utility record drawings and as-built information. Plot existing utilities within CAD for use in Project base maps. HMH Engineers, Inc. Orange/ Byrne Sidewalk Improvements Page 1 of 5 Service Order# 5 1.3 Survey Control and Right-of-Way Survey: Perform field survey of existing control and monumentation. Locate existing survey monuments and accessible property corners and compute the existing right-of-way based on available inform ation that may include boundary evidence and record maps . Prepare a calculated base map of the existing record right-of-way for use in design . Design Professional will not resol ve the boundary of individual properties and side property lines of parcels. 1.4 Initial Topographic Survey: The task includes performing field topographic surveys to obtain locations of utility surface facilities, inverts of accessible storm drain manholes, inlets, and sanitary sewer manholes. Survey existing pavement, curbs, sidewalk and other improvements at points of conform. Obtain location and sizes of trees and other existing features that may impact the Project design. 1.0 Deliverables • Scalable Base Map in AutoCAD (current versi on) and pdf formats Task 2.0: Preliminary (35 %) Design The Preliminary (35%) Design Documents are a conceptual approach to the design documents and are to be deve loped to a leve l to d efi ne the scope of work necessary to complete the project. The 35% Plans and 35% Cost Estimate shall be submitted together. 2.1 Meetings: Participate in design team meetings with representati ves of the City during the Preliminary Design phase and provide written meeting minutes to the City within two (2) business days. 2.2 Preliminary Plans: Prepare Preliminary Design Plans and submit them to the City for review and comment. The plans will be prepared digitally using current AutoCAD software. The plans will be formatted per City standards and submitted with other Preliminary Design Documents as noted below. To the extent practicable and as agreed by City, the design shall integrate green infrastructure elements that are intended to store, filter, infiltrate, and/or evapotranspire storm water. The Preliminary Pl a ns will use a scaled aerial photo base to show major items of work needed to accomplish the Project goals, enable reviews by the City and initiate coordination with property owners and utility companies. Preliminary Plans shall HMH Engineers, Inc. Orange/ Byrne Sidewalk Improvements Page 2 of 5 Service Order# 5 clearly identify, proposed curb, gutter and sidewalk, existing and proposed right-of-way limits, but do not need to include vertical information. Design Professional shall address any comments provided by the City following their review of the Preliminary Plans. The sheets to be provided for this Preliminary Plan submittal may include: • Title/Index Sheet • Preliminary Street Improvement Plans • Preliminary Typical Cross Sections Preliminary Utility Relocation Concepts 2.3 Preliminary Estimate: Prepare a Preliminary Estimate of Probable Construction Cost based on items and quantities of work shown on the Preliminary Plans and other anticipated improvements. Prices will be based on the magnitude of the quantities and the Design Professional's judgment and experience with similar local projects and recent construction bids . 2.0 Deliverables: (deliverables to be in PDF format unless otherwise noted) 2.11 Meeting Minutes 2.12 Preliminary Plans 2.13 Preliminary Construction Cost Estimate Exclusions The items listed below are specifically excluded from the scope of services as defined above: Electrical design pertaining to new or existing streetlights or signals affected by the Project. Landscape and/or irrigation design services pertaining to existing or proposed landscaping or irrigation work beyond general notes on the plans instructing the contractor to maintain and/or replace affected systems and vegetation. Design of non-standard retaining walls. Obtaining Title Reports for residential properties HMH Engineers, Inc. Orange/ Byrne Sidewalk Improvements Page 3 of 5 Service Order# 5 Schedule of Performance The following sets forth the distribution of CONSUL TANT' s Schedule of Performance for the project . The CITY may approve in writing the extension of any milestone date set in this Exhibit. Task #1 Data Collection Initiate work upon Service Order execution (est. June 5, 2017) Completion by July 7, 2017 Task#2 Preliminary PS&E Submittal to City by September 29, 2017 2 week City review Address City Comments by October 27, 2017 Dates in the schedule above are based on the estimated date of Service Order execution. Adjustments to the schedule will be made if the Service Order is executed on another date. Compensation A. Maximum Compensation. The CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions of this SERVICE ORDER. The maximum amount of compensation to be paid to CONSULTANT under this SERVICE ORDER, shall not exceed ONE HUNDRED AND FOURTEEN THOUSAND, ONE HUNDRED AND TWENTY-FOUR DOLLARS ($114,124). CONSULTANT agrees that it shall perform all of the services set forth in Exhibit A of this SERVICE ORDER for the maximum not to exceed amount of ONE HUNDRED AND FOURTEEN THOUSAND, ONE HUNDRED AND TWENTY-FOUR DOLLARS ($114,124). B. Method of Payment For Task Nos. 1 through 2, CONSULTANT shall, during the term of this SERVICE ORDER, invoice the CITY monthly based upon a percentage of completion of each task, and reimbursable expenses incurred if applicable, in completing that task under this SERVICE ORDER. (Hereinafter "Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable expenses covered by the Invoice in accordance with the provisions of this SERVICE ORDER, as determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice within thirty (30) working days of receipt of the Invoice . HMH Engineers, Inc. Orange/ Byrne Sidewalk Improvements Page 4 of 5 Service Order# 5 The Invoice shall be based on the percentage of task completed, and it shall describe the topics and tasks completed during the Invoice period in accordance with the Budget Schedule set forth below. The Invoice shall list work completed and reimbursable expenses if applicable, in accordance with the Budget Schedule set forth below. CONSULTANT also shall include supporting documents for any reimbursable expenses. The Invoice shall also show the total to be paid for the Invoice period. C. Budget Schedule The Budget Schedule for this SERVICE ORDER shall be as follows: Task #1 Task #2 Task Description Data Collection Preliminary Construction Documents TOTAL Task Compensation 40,532 73,592 $114,124 CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior written authorization from the CITY. The CITY may approve in writing the transfer of budget amounts between any of the Tasks listed above provided the total SERVICE ORDER amount does not exceed ONE HUNDRED AND FOURTEEN THOUSAND, ONE HUNDRED AND TWENTY- FOUR DOLLARS ($114,124). D. Subconsultant Services. CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this PROJECT . SUBCONSUL TANT work on this PROJECT is included in the Budget Schedule shown above and shall be billed to the CITY by CONSULTANT. E. Reimbursable expenses. Reimbursable expenses are included in CONSULTANT's lump sum compensation, including, but not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test prints, 8 1/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the responsibility of the CITY. There are no separate reimbursable expenses for work performed under Tasks 1-7 in the Scope of Services. HMH Engineers, Inc. Orange/ Byrne Sidewalk Improvements Page 5 of 5 CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSUL TANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER MASTER AGREEMENT PO#: 2017-3 Service Order No.: 6 Maximum Compensation: $1,000,000 Account No.: 420 -99-036 -900-905-ST 016-02-02 Agreement Term: December 31, 2018 Approval by: Consultant: Project Description: Project Name: DDescription : City Council Item No . 19 HMH Engineers, Inc. 1570 Oakland Road San Jose, CA 95131 Contact: William J. Wagner McClellan Road Seperated Bikeways Date: September 6, 2016 Phone: (408) 487-2200 ~ Attachment A: Includes Scope of Service, Schedule of Performance and Compensation. City Project Management Managing Department: Public Works City of Cupertino HMH Engineers, Inc. Project Manager: David Stillman Page 1 of 2 Service Order #6 CITY OF CUPERTINO FOR HMH ENGINEERS, INC CONSULTANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER Fiscal/Budget Master Agreement Maximum Compensation: Previously Encumbered on Master Agreement: SO #1 McClellan Rd SW Phase 2 : 270-90-976-900-905-ST 009-02-02 SO 112 Sidewalk Renovation-SCB : 270-99-()46..900-905-ST 015-02-02 SO 113 McClel1an Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02 SO 114 Retaining Wall Replace-Regnart Rd 420-99-041-900-905 ST 021-02-02 SO #5 SW Improve-Orange & Byrne Prelim Design 270-90-958-900-905-ST 013-02-02 Total Previously Encumbered to Date: Current Unencumbered amount in MA: ENCUMBRANCE: ENCUMBER: SO #6 McClellan Road Seperated Bikeways ~u.-<\~ Aio ~o\t\-oW -~00-C\o{ y( 011.?-oi~~~tal Encumbered to Date including this SO: Contract Manager: John Raaymakers APPROVALS Co~~t ~ u Director of Public Works~ Master Agreement Balance: Date: 7/24/2017 Date: 7/~e/l 7 Date: 9 /, /t 7 Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. ~ 1 d2_ OtyFinance: ~ ~ Ci ty of Cupertino HMH Engineers, Inc. Date: Page2of2 Amount $1,000,000 $254,882 $28,550 $9,500 $65,371 $114,124 $472,427 $527,573 $191,000 $663,427 $336,573 Service Order #6 Service Order# 6 Attachment A Scope of Services Design Professional shall provide certain Civil Engineering services as required and requested by City. Design Professional shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from City's Director of Public Works or authorized Agent as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service Order. A. Design Approach For clarity through this scope, previous and future iterations of the design drawings will be defined as: Conceptual Design: Design plans prepared by Toole Design Group dated March 24 , 2017 prepared under contract with the City of Cupertino. Preliminary Design: Design plans and estimate prepared by HMH under Task 4.1 of this Scope of Work Preliminary Design -2nd Iteration: Design plans and estimate prepared by HMH under Task 4.2 of this Scope of Work Design Professional understands that the City is pursuing construction documents for a Class IV separated bikeway along both eastbound (EB) and westbound (WB) McClellan Road from Byrne Avenue to Torre Avenue in the City of Cupertino. This scope of work is prepared based on the City provided Conceptual Design . This scope of work assumes the following changes from the work depicted in the Conceptual Design: Location Conceptual Design Preliminary Design Bubb Road Intersection HM H Engineers Signal modifications and two- stage bike turn queue boxes . No signal modifications or two-stage bike turn queue bo xes McClellan Road Separated Bike Lane s Page 1 of 10 Service Order# 6 Stelling Road Signal modifications and two- Intersection stage bike turn queue boxes. De Anza Blvd Realignment and 'squaring-up' Intersection the De Anza Blvd / McClellan Road Intersection. No signal modifications or two-stage bike turn queue boxes Develop new design concepts to implement preferred bike treatments within the existing roadway alignment/ footprint. The Design Professional will prepare Preliminary Design for the entire McClellan Road reach defined above to facilitate city staff reviews with key stakeholders. The 35% plans will be developed in two iterations: the first submittal will be developed based on city input and previous design discussions from planning documents and previous design efforts. After submittal of the Preliminary Design, the city will circulate the plans for input from relevant stakeholders potentially including the Bicycle and Pedestrian Commission, City Council, and the community. The Design Professional will meet with City staff after the design review efforts to discuss input received and receive direction for necessary changes to the plans. The Design Professional will then update the Preliminary Design to incorporate these comments without further progressing the design. This submittal will be called the Preliminary Design -2nd Iteration. No work is proposed beyond the Preliminary Design -2nd Iteration submittal. B. Specific Performance Requirements For the Project, Design Professional shall provide the following tasks and subtasks, as is required for the Project: TASK1 Project Management and Coordination 1.1 Project Management Jon Cacciotti, PE will serve as the Project Manager. The Project Manager will regularly monitor progress and track and act on key issues of the project. The Project Manager will update the design schedule regularly and monitor project budget. The Project Manager will coordinate between the project team, sub-consultants and City staff to facilitate the free and timely flow of information . The Project Manager will coordinate Quality Assurance and Quality Control procedures for all project staff. HMH Engineers M cC lellan Road Separated Bike Lane s Page 2 of 10 Service Order # 6 1.2 Meeting Preparation and Attendance Attend project meetings with City staff, City Bicycle and Pedestrian Commission, and other project stakeholders, as necessary . The following meetings are assumed for the successful completion of the Preliminary Design -2nd Iteration: Primary Audience Number of Meetings City Staff 3 City BPAC 2 VTA 2 UPRR 2 Public Outreach (Scoped and 4 Budgeted in Task 1.4) TOTAL: 13 1.3 3rd Party Utility Coordination Design Professional will coordinate with affected utility companies to identify affected 3rd party utilities including , but not limited to, Pacific Gas & Electric (PG&E), San Jose Water Company (SJWC), Cupertino Sanitary District (CSD), American Telephone and Telegraph (AT&T), Comcast, XO Communications, and Verizon. The project may affect private utilities and require adjustments to grade or relocation of existing facilities . Design Professional will identify relocation needs and prepare utility relocation concepts for use by private utilities. 1.4 Public Outreach Design Professional will prepare meeting materials for discussion with the public. Meeting materials will include preparation of up to ten (10) 30"x40" exhibit boards depicting project information . Design Professional will prepare draft prints of the Boards for review by the City prior to production . Design Professional will attend and/or present at up to 4 public outreach meetings. HMH Engineers McClellan Road Separated Bike Lanes Page 3 of 10 Service Order# 6 Deliverables (all deliverables digital unless otherwise noted) 1. Meeting Minutes 2. Public Outreach Boards -30"x40 " Display Boards TASK2 Programming and Design Review 2.1 Programming Estimate Perform a Program-Level cost estimate of probable construction costs for the project. This estimate will be prepared to facilitate City 's internal decision making and budgeting . Estimate shall include gross project costs and contingencies based on the Conceptual Design. 2 .2 Conceptual Design Review Perform an independent review of the Conceptual Design. The review will evaluate the proposed improvements for feasibility and consistency with respect to right-of-way, current bicycle and pedestrian best-practices , intersection operations, and other governing factors . Findings will be summa r ized in a Design Review memorandum prior to beginning Task 4. Deliverables (all deliverables digital unless otherwise noted) 1. Program-Level Estimate 2 . Design Review Memorandum TASK3 Data Collection 3.1 Existing Data Assembly Review project data provided by the City that may include , but is not limited to: topographic survey, geotechnical reports, traffic studies , CEQA documents, other environmental studies, tree surveys , arborist's reports , approved Master Plan(s), development plans , or other such data . The Design Professional shall be entitled to reasonably rely upon the accuracy and sufficiency of any information provided to the Design Professional by the City or the City 's agents. HMH Engineers McClellan Road Separat ed Bike Lane s Page 4 of 10 Service Order # 6 3.2 Utility Record Research Contact utility companies with facilities within the Project area as identified by a USA database search . Acquire available utility record drawings and as-built information including signal, street lighting, flashing beacon as-builts from the City. Plot existing utilities within CAD for use in Project base maps. Mapping of plotted utilities will be limited to areas where construction activities are expected to extend below grade. Areas where utility mapping begins and ends will be clearly delineated on the plans. 3.3 Topographic Survey Design Professional will perform field topographic surveys to obtain existing pavement elevations at points of conform. Design Professional will obtain location and invert at accessible storm drain manholes, inlets and sanitary sewer manholes. Topographic mapping shall be limited to areas where changes in elevation are anticipated based on the preliminary plans provided by the City. These areas are generally defined as areas with sidewalk modifications or realignment of existing curbs. Roadway cross sections will be collected along McClellan Road at approximately 250' intervals to develop general project slopes and widths for use in drainage design and confirming existing roadway widths . 3.4 Right-of-Way Survey In areas where the proposed improvements, as shown on Conceptual Drawings, include work behind the existing curb alignment, Design Professional will: 1. Perform field survey of existing control and monumentation. 2. Locate existing survey monuments and accessible property corners and compute the existing right-of-way based on available information that may include boundary evidence and records maps. 3.5 Street Right-of-Way Mapping In areas where the proposed improvements, as shown in the Conceptual Design, include work behind the existing curb, Design Professional will prepare a calculated resolved boundary base map of the existing right-of-way for use in design . This information will be based on available records and County Assessors maps . In these areas, Design Professional will not resolve the boundary of individual private properties and side HMH Engineers McClellan Road Separated Bike Lanes Page 5 of 10 Service Order # 6 property lines of parcels . Right-of-way boundaries will not be prepared for the remainder of the project and will not be shown on the plans. 3.6 Base Mapping Plot features collected through topographic survey using current AutoCAD software on a screened aerial photo base as a background for proposed improvements. 3.7 Signal and Lighting Field Review Design Professional will conduct a field review of the signal, flashing beacons, and lighting locations within our scope, and note pertinent features such as existing street lighting equipment, pavement markings, visible overhead utilities, telephone and CATV facilities, adjacent land uses, driveways, pedestrian/bicycle facilities, bus stops, and landscaping. Photographs of the project site will be taken for design reference. Deliverables (all deliverables digital unless otherwise noted) 1. Scalable Base Map in AutoCAD (current version) Format TASK4 Preliminary Construction Documents 4.1 Preliminary (35%) Plans and Estimate Prepare Preliminary Design and submit to the City for review and comment. The plans shall be prepared digitally using current AutoCAD software. The plans shall be formatted per City standards and submitted with other Preliminary Design Documents as noted below. The Preliminary Plans will be developed to approximately 35% of the final product and will include major items of work needed to accomplish the Project. Design Professional will identify the signal modifications needed for the intersection of McClellan Road and De Anza Boulevard . Work will also include review of street lighting and flashing beacons for the Preliminary Submittal. Plans will conceptually show the modifications as notes on 20-scale drawings. The intent of the concept plans is to provide sufficient detail to estimate construction costs and achieve stakeholder concurrence of the design concept. HMH Engineers McClellan Road Separated Bike Lanes Page 6 of 10 Service Order # 6 We will research three vendor options with costs for bicycle detection. The Signal, Lighting and Beacon Modification Concept Plan will include preliminary design of signal work to accommodate proposed improvements within the existing intersection configuration at De Anza Boulevard. The sheets to be provided for this Preliminary Plan submittal may include : 1 . Title Sheet, Legend and Notes ( 1) 2. Improvement Plans (20-scale) (8) 3. Signal, Lighting and Beacon Modification Conceptual Plan (8) Prepare a Preliminary Estimate of Probable Construction Cost based on items and quantities of work shown on the Preliminary Plans. Prices will be based on the magnitude of the quantities and the Design Professional's experience with similar local projects and engineer's judgment. 4.2 Preliminary (35.1 %) Plans and Estimate -2nd Iteration After delivery of the preliminary Plans and Estimate, it is understood that the City will circulate said deliverables with key stakeholders including City BPAC, City Council, the community and other involved parties. After this circulation, the City will provide a consolidated set of recommendations for modifications to the plans. The design professional will revise the Preliminary Design to incorporate these recommendations, as practicable. The revised submittal will not materially progress the design completion of the project. Instead, the revised submittal will modify the Preliminary Design in response to stakeholder input and City direction . The design professional will prepare a 2nd Iteration of the Preliminary Estimate of Probable Construction Cost based on items and quantities of work shown on the revised Preliminary Plans. Prices will be based on the magnitude of the quantities and the Design Professional's experience with similar local projects and engineer's judgment. Deliverables: (all deliverables digital unless otherwise noted) 1. Preliminary (35%) Plans 2. Preliminary (35%) Estimate of Probable Construction Cost 3. Preliminary (35.1 % ) Plans -2nd Iteration HMH Engineers McClellan Road Separated Bike Lane s Page 7 of 10 Service Order# 6 4. Preliminary (35 .1 %) Estimate of Probable Construction Cost -2nd Iteration Assumptions and Exclusions The following assumptions were made in preparation of this scope of work: • All traffic signal, street lighting, and flashing beacons have existing service points that can be maintained for the proposed elements . • Signal interconnect will not need to be modified • The City of Cupertino will prepare modifications to the signal timing. • No interim or temporary traffic signal, street lighting or flashing beacon plans are needed. • Record Right-of-way mapping will be limited to areas where work is performed beyond the existing roadway curb . It is assumed that all work included in the preliminary plans is within City Right-of-way. No inclusion of right-of-way acquisition documents is included in this scope of work . • The C ity will prepare, obtain and coordinate all permitting requirements and obtain environmental clearance for the work . • Plans and Specifications will be based on the 2015 Caltrans Standard Plans and Specifications . Asphalt Concrete specifications will reference Caltrans 2010 Standa rd Specifications . • No bus shelters will be relocated with the project. Design Professional will not design or modify standard details of VT A 's bus shelter. Electrical connections will be re- established as necessary. The items listed below are specifically excluded from the scope of works defined above: • Environmental permitting and clearance activities • Arborist reports or tree health evaluations • Traffic Analysis or detailed evaluation of proposed improvements effect on traffic operations . • Plat Maps and/or Legal Descriptions • Archite ctural or Structural desi g n pertaining to the relocation of bus shelters HMH En gine er s McClellan Road Separat ed Bi ke La nes Pag e 8 of 10 Service Order # 6 ATTACHMENT B Schedule This Schedule of Performance establishes the milestones for commencement and completion of the Tasks for Basic Services as specified in Exhibit A, Scope of Services. TASK# TASK DESCRIPTION COMPLETE/DURATION 1 Project Management and Coordination As agreed upon 2 Programming and Design Review As agreed upon 3 Data Collection As agreed upon 4 Preliminary Construction Documents As agreed upon HMH Engineers McClellan Road Separated Bike Lanes Page 9 of 10 Service Order# 6 ATTACHMENT C COMPENSATION Capitalized terms which are defined in the Agreement have the same meaning in this Exhibit C. This Exhibit C on Compensation supplements the provisions of Section 4 of the Agreement on Compensation , as further specified in Section 4. 1. BASIC SERVICES BUDGET SCHEDULE The following budget schedule will be used to determine compensation for Basic Services based on time and expenses, subject to confirmation and agreement by the City, and budget for each listed Task: TASK# TASK DESCRIPTION TASK BUDGET 1 Project Management and Coordination $44,000 2 Programming and Design Review $16 ,000 3 Data Collection $55,000 4 Preliminary Construction Documents $76 ,000 TOTAL $191,000 Design Professional may not bill in excess of the Task Budget amount for any Task without prior written authorization from the City. The City has the discretion, but not the obligation, to reallocate the budgeted amounts for each Task, subject to the not to exceed limit specified in Section 4. HMH Engineers McClellan Road Se parate d Bike Lane s Page 10 of 10 CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSULTANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER MASTER AGREEMENT PO #: 2017-3 Service Order No.: 7 Maximum Compensation: $1,000,000 Account No.: 420-99-036-900-905-ST 016-02-02 Agreement Term: December 31, 2018 Approval by: Consultant: Project Description: Project Name: DDescription: City Council Item No. 19 HMH Engineers, Inc. 1570 Oakland Road San Jose, CA 95131 C o ntact: William J. Wagner Regnart Creek Trail Feasibility Study Date: September 6, 2016 Phone: (408) 487-2200 0 Attachment A: Includes Scope of Service and Schedule of Compensation. City Project Management Managing Department: Public Works City of Cupertino HMH Engineers, Inc. Project Manager: David Stillman Page 1 of 2 Service Order #7 CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSULTANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER Fiscal/Budget Master Agreement Maximum Compensation: Previously Encumbered on Master Agreement: SO #1 McClellan Rd SW Phase 2 : 270-90-976-900-905-ST 009-02-02 SO 112 Sidewalk Renovation-SCB : 270-99-046-900-905-ST 015-02-02 SO 113 McClellan Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02 SO 114 Retaining Wall Replace-Regnart Rd 420-99-041-900-905 ST 021 -02 -02 SO 115 SW Improve-Orange & Byrne Prelim Design 270-90-958-900-905-ST 013-02-02 SO 116 McClellan Road Separated Bikeways 420-99-036-900-905 ST 016-02-02 Total Previously Encumbered to Date: Current Unencumbered amount in MA: ENCUMBRANCE: ENCUMBER: SO 117 Regnart Crk Tri Feasibility Study -420-99-036-900-905 ST O ~ \ • C9l ,o l Total Encumbered to Date including this SO: Master Agreement Balance: Contract Manager: John Raaymakers Date: 9/12/2017 APPROVALS j Consultant, .¥<'1 ~ Date: Dimto,ofPublkWo,ks, ~dL ~ 7/d?,n ~£p.:y/ Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. City of Cupertino HMH Engineers, Inc. Page2of2 Date: q · 14, / f- Amount $1,000,000 $254,882 $28,550 $9,500 $65,371 $114,124 $191,000 $663,427 $336,573 $157,503 $820,930 $179,070 Service Order 117 Service Order# 7 Attachment A Scope of Services Design Professional will provide certain Civil Engineering services as required and requested by City . Design Professional will provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from City's Director of Public Works or authorized Agent as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service Order. A. Design Approach Design Professional will support the City to examine feasibility of the trail along the existing Santa Clara Valley Water District (SCVWD) maintenance access road which runs parallel and adjacent to Regn art Creek from Pacifica Drive to the west to East Estates Drive to the east. The trail will connect to the existing Creekside trail to the east of the project and to on-street bike facilities proposed along Pacifica Drive . The Design Professional will prepare a Feasibility Study which will discuss key elements of feasibility, outreach, right-of-way, costs, jurisdictional requirements and environmental considerations which may affect the City's ability to successfully implement the project. The Feasibility Study Report will be prepared as a series of memorandums which will be reviewed by City Staff. These memorandums will be compiled into the Feasibility Study. The Feasibility Study is anticipated to be prepared in the following sequence: /-----. -... -· ... "-. lPrepare Memos _/ ( HMH Engineers City Review Memos Prepare Admin Draft Feasibility Study City Review Admin Draft Feasibility Study \ ~----~,/ Regnart Creek Trail Feasibility Study ;------\ Submit Final Feasibility Study '------- Page 1 of 10 Service Order# 7 It is anticipated that the report will be broken into the following chapters : 1. Executive Summary 2. Introduction 3 . Ex isting Conditions * 4 . Trail Criteria * 5 . Public Outreach * 6 . Trail Alternatives * 7 . Con struction Costs and Phasing* 8. Conclusion * Indicates the Chapter will be submitted to the City in memorandum format prior to compilation of the Feasibility Study . B. Specific Performance Requirements For the Project, De sign Professional may provide the following ta sks and subtasks, as is required for the Project: TASK 1: Project Management and Available Resource Review Jon Cacciotti, PE will serve as the Project Manager. The Project Manager will regularly monitor progress and track and act on key issues of the project . The Project Manager will update the design schedule regularly and monitor project budget. The Project Manager will coordinate between the project team, City staff and sub-consultants to facilitate the free and timely flow of information . The Project Manager will coordinate Quality Assurance and Quality Control procedures for all project staff. The Design Professional w i ll become familiar with existing resource documents that contain information relating to this project and the City's policies regarding trails . These documents may include: • "Cupertino General Plan : Community Vision 2015-2040" • "City of Cupertino 2016 Bicycle Transportation Plan " • "Santa Clara County Countywide Trails Master Plan Update", dated November 14, 1995 HMH Engineer s Regnart Creek Trail Feasibility Study Page 2 of 10 Service Order # 7 • "Countywide Trails Prioritization and Gaps Analysis", dated March 17, 2015 • "VTA Bikeways Map D -Cupertino, Campbell, Saratoga and Los Gatos", May 2016 The Design Profes sional will familiarize themselve s with the various agency standards and guidelines for developing trail design concepts that may apply to this project and will summarize the relevant guidelines in the Trail Criteria Memorandum prepared in Task 4. These include, but are not limited to : • 1999 Santa Clara County lnterjurisdictional Trail Design , Use and Management Guidelines • 2005 Santa Clara County Parks and Recreation Department Trail Maintenance Manual • 2006 Santa Clara Valley Water District, Water Resources Protection Manual: Guidelines & Standards for Land Use Near Streams • 2016 California Department of Transportation Highway Design Manual: Chapter 1000 Bicycle Transportation Design • 2013 Architectural Barriers Act Accessibility Guidelines : Outdoor Developed Areas (and all applicable latest ADA standards) • VTA Bicycle Technical Guidelines, December 2012 TASK 2: Identify Ownerships & Jurisdictions The Design Professional will contact the Santa Clara Valley Water District (SCVWD} to acquire available easement information, if applicable. The Feasibility Study will identify agency considerations, constraints, and any reviews, authorizations or permits needed. The Design Professional will prepare a Record Boundary based on available APN maps and record information . Record Boundary will be prepared in AutoCAD without supplemental field data for the corridor and will be used to determine right-of-way constraints associated with the preferred trail alignment . Deliverables >-Record Boundary Mapping in AutoCAD Format (shown on Exhibits) TASK 3: Field Review and Existing Conditions HMH Engineers Regnart Creek Trail Fea sibility Study Page 3 of 10 Service Order # 7 The Design Professional will conduct site visits to observe existing field conditions, verify trail alignment fe as ibility, and gather any additional data needed to develop trail design concepts . Information will be gathered and mapped on opportunities for connectivity to existing trails and nearby points of interest. Constraints to trail development will be identified including, though not limited to, land capability, utility presence, storm drainage infrastructure and drainage structure considerations, roadway conditions, exi sting underpasses/overpasses and retaining walls, biological resources, geotechnical limitation s, environmental factors, FEMA/flooding concerns , permitting and regulatory concerns , safety considerations, and institutional issues . The Design Professional will pay special attention to roadway crossings, creek crossings, areas where structures may be needed (e.g . bridge , overpass, underpass, etc.), areas where trail width may be constrained, and areas in proximity to key infrastructure (e .g. reta i ning walls). The Design Professional will refine and complete an inventory, analysis and mapping of existing facilitie s. The inventory and analys is will include, though not be limited to, the following : • Zonin g, land use, specific plan considerat i ons as applicable • On-street bicycle and pedestrian facilities and crossings • Connections to other modes of transportation • Roadway crossings • Creeks and waterway crossings • Trees, as identified by the City Arborist (protected, native, and trees greater than or equal to 8- inches in diameter) • Utilities (above and below ground, within project limits) • Grading and drainage • Rights-of-way, easements, and encroachments • Biological conditions • Photographs Deliverables ~ Existing Conditions Memorandum (draft and final) HMH Engineers Regnart Creek Trail Feasibility Study Page 4 of 10 Service Order# 7 TASK 4: Develop Trail Alignments and Feasibility Criteria The Design Professional will identify alignment alternatives for the Trail. The Design Profe ssional will consider an alignment along Regnart Creek between Pacifica Drive and E. Estates Drive. The Design Profes sional will consider the following minimum design considerations as they relate to alignment alternatives: • Need for real property or easement acquisition (for temporary and/or long-term trail alignment) • Utilities (above and below ground) • Overhead line s • Regnart Creek flooding and drainage • Intersection crossings • Pro ximity to residences • Privacy con siderations and solutions • Acces s to nearby points of interest • Compliance with ADA requirements • Safe connections with ex isting and planned bicycle and pedestrian facilities • Safety of trail users and residents adjacent to the Trail (including at night) • Policing/preventing unauthorized trail access at ni ght • Emergency vehicle access • Maintenance and management • Con struction Cost The Design Professional will provide information and recommendations for what type of trail is feasible (i.e . multiuse , 8'-wide, Class I, etc .), sketches of typical trail width and treatment, sketches and concept design solutions that illustrate each crossing , intersection, and proposed structure with enough detail to confirm that adequate clearances can be provided , sketches of design solutions at areas where the width is constrained , and sketches showing the widths and designs would meet the varying grantors and design standards . The De sign Professional will also ex plore and provide alternatives for over, under, and at-grade intersection cro ss ings , on-street and at-grade alternatives for any seasonal underpas ses , and short-term and long-term solutions that allow for pha sing . The Design Professional will also identify opportunities HMH Engineers Regnart Creek Trail Feasibility Study Page 5 of 10 Service Order# 7 for access points, staging areas where amen it ies could be provided (e.g . benches , drinking fountains, etc.), potential parking areas, and enhancement opportunities to improve habitat value. The Design Professional will also address potential imp acts to existing tree s. The Design Professional will conduct special examination of treatments and design concepts at the following locations : • Connection to Pacifica Avenue • Connection to Cupertino Civic Center • Connection to Rodrigues Avenue • Connections to residential properties facing the Trail between Rodrigues Avenue and Blaney Avenue • Blaney Avenue crossing • Connection to Wilson Park • E. Estate s Drive cro ssing • Connection to Creekside Path/Park The Design Professional will also develop a recommendation for alternatives to carry into an environmental analysis of a trail project. Deliverables >" Trail Alternatives Memorandum (draft and final) >" Trail Criteria Memorandum (draft and final) >" Construction Costs and Phasing Memo (draft and final) TASK 5: Community Outreach COMMUNITY OUTREACH PLAN Design Professional will participate in a meeting with the City and key partners to create a detailed, coordinated plan to inform and involve the public and all partners and stakeholders throughout the trail HMH Engineer s Regnart Creek Trail Fea sibility Study Page 6 of 10 Service Order# 7 study. A draft outreach strategy will be prepared befo r e the project initiation meeting a nd finalized at that meeting . Ke y components to be developed include : • Plan of materi als to be developed, including public notices, on line forum, and email messages • Study messaging to be used throughout outreach materials, including specific messaging for parents and families, and non -English-speaking residents • Materials and communications distribution plan • Outreach schedule Design Profe ssional will implement the final outreach plan in collaboration with the City. We anticipate that the City will assi st with material distribution, including distribution to City channels, including print and electronic media and public message boards . COMMUNITY WORKSHOPS Design Profes sional will work with the City to plan and ho st up to two (2) en gaging , collabo r ative , and interactive community workshops. Design Profes sional will develop up to ten (10) board s for the two community workshops. These boards will be highly visual , with ma ximum use of graphic representation of materials alongside any narrative information. Workshop #1 The first workshop will focus on introducing the study, gathering stakeholder feedback on opportunities and con straints to be ex plored . This workshop will provide an opportunity to gather early feedback on the project and engage stakeholders at the earliest stages of study development. We envision that the workshop would include multiple st ations with maps, diagrams, and other visual materials to help orient attendees to the study area and objectives, with Design Professional and City staff available to discuss the project and gather feedback . Workshop #2 The second community workshop will provide an opportunity to showcase the study findings, including the recommended alignment, design standards, and cost estimates. Design Professional will work with the City to plan the workshop for diverse attendance from stakeholder communities, including user groups, school communities, nearby property owners . The workshop will be in an open hou se format, providing an opportunity to drop in , review the study findings and recommendations, and speak with project team staff when convenient to the attendee. HMH Engineers Regnart Creek Trail Feasibility Study Page 7 of 10 Service Order# 7 NEIGHBORHOOD WORKING GROUPS To promote more focused input and engagement, Design Professional will hold neighborhood-specific working group sessions with residents living along the corridor. Design Professional will meet with the working group up to two (2) times. The first working group session will describe existing conditions, opportunities, and constraints, and share initial concepts for review and feedback. The second working group session will share revised concepts for further review and feedback . These meetings will take place between community-wide workshops. The method for noticing residents will be established in the Community Outreach Plan and may include direct mail and/or on line social media such as NextDoor. GRAPHICS/ONLINE MEDIA Design Professional will develop a logo and design scheme to brand the study process . Design Professional will develop outreach flyers for each of the two (2) community workshops and neighborhood-specific working group sessions. Design Professional will prepare up to eight (8) visually rich posts to help the City advertise upcoming events or provide updates on the study process via the City's website and social media channels . PUBLIC OUTREACH MEMO Design Professional will develop a memo that details the public outreach process, time line of activities , level of participation, and community feedback . The memo will summarize community input according to common themes expressed by the public and provide documentation of the engagement process through photographs, attendance records, and comment cards, or other written remarks . Deliverables ~ Up to two (2) community workshops ~ Up to ten (10) outreach boards ~ Up to two (2) neighborhood-specific working group sessions ~ Study logo and brand ~ Community workshop flyers ~ Up to eight update posts for social media/website ~ Public Outreach Memo (draft and final) HMH Engineers Regnart Creek Trail Feasibility Study Page 8 of 10 Service Order# 7 TASK 6: Prepare Trail Feasibility Study Based on all the data collected from the previous tasks, the Design Professional will prepare the Draft Regnart Creek Trail Feasibility Study. Each major chapter/section and all ex hibits/appendices will be provided to City staff for review in an Administrative Draft for comments. Upon final comments by City staff, the Design Professional will revise and submit the Final Regnart Creek Trail Feasibility Study. Deliverables >'" Regnart Creek Trail Feasibility Study (administrative draft) >'" Regnart Creek Trail Feasibility Study (final draft) TASK 7: Meetings Project Kickoff Meeting A project kickoff meeting with City staff and project team members will occur. Topics will include a review of scope, process , and schedule. City Staff Meetings Meetings with the City project team will occur throughout the process and will occur in Cupertino as needed . The Design Professional will lead the meetings and prepare the agendas, meeting materials, and meeting minutes . Up to four (4) meetings are included in this scope of work . City Council Meetings/Study Sessions The Design Professional will participate in one (1) City Council meetings/study sessions . The Design Professional will prepare associated presentation materials . Commission Meetings/Study Sessions The Design Professional will participate in up to two (2) Commission meetings/study sessions . The Design Professional will prepare assoc iated presentation materials . HMH Engineers Regnart Creek Trail Feasibility Study Page 9 of 10 Service Order# 7 Agency Meetings The De sign Professional should assume conducting meetings with each of the following agencies : • Santa Clara Valley Water District (SCVWD) o Up to three (3) meetings • PG&E o Up to one (1) meeting The Design Professional will lead the meetings and prepare the agendas, associated presentation materials, and meeting minutes following each meeting . Deliverables );.. Agendas, meeting materials, and meeting minutes for Project Kickoff and City Staff Meetings ;;.. Meeting materials and presentations fo r Commission Meetings ~ Agendas, meeting materials, and meeting minutes for Agency Meetings Assumptions and Exclusions The following as sumptions were made in preparation of this scope of work: • SCVWD will provide Right-of-Way access for community meetings and field review of constraints . • Construction details and detailed civil engineering design is not included in this scope of work. • Lighting studies or photometric analysis is not included in this scope of work. • City staff will review and provide arborists services . • No field topographic survey is included in this scope of work. • No traffic analysis or study of projected facility users is included in this scope of work. • No cost -benefit or life cycle analysis is included in this scope of work. • No comprehensive utility mapping is proposed within this scope. Utilities will be identified via a field walk of existing conditions. HMH Engineers Regnart Cr eek Trail Fea sibility Study Pag e 10 of 10 BUDGET SCHEDULE TASK TASK COMPENSATION #1 Project Management and Available Resource Review $7,624 #2 Identify Ownerships & Jurisdictions $9,800 #3 Field Review and Existing Conditions $23,940 #4 Develop Trail Alignments and Feasibility Criteria $40,879 -----·----·---------------------------------··-·-----------·---------- #5 Community Outreach #6 Prepare Trail Feasibility Study #7 Meetings ------------------- TOTAL $37,620 $25,004 $12,636 $157,503 CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSULTANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER MASTER AGREEMENT PO /t : 2017-3 Service Order No.: 8 Maximum Compensation: $1,000,000 Account No.: 420-99-036-900-905-ST 016-02-02 Agreement Term: December 31, 2018 Approval by: Consultant: Project Description: Project Name: DDescri ption: City Council Item No. 19 HMH Engineers, Inc. 1570 Oakland Road San Jose, CA 95131 Contact: William J. Wagner Orange & Byrne 65% Design Date: September 6, 2016 Phone: (408) 487-2200 0 Attachment A: Includes Scope of Service, Schedule of Performance and Compensation. City Project Management Managing Department: Public Works City of Cupe rtin o HMH Engineers, Inc. Project Manager: John Raaymakers Page 1 of 2 Se rvi ce Order #8 CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSULT ANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER Fiscal/Budget Master Agreement Maximum Compensation: Previously Encumbered on Master Agreement: SO #1 McClellan Rd SW Phase 2 : 270-90-976-900-905-ST 009-02-02 SO 112 Sidewalk Renovation-SCB : 270-99-046-900-905-ST 015-02-02 SO #3 McClellan Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02 SO #4 Retaining Wall Replace-Regnart Rd 420-99-041-900-905 ST 021-02-02 SO #5 SW Improve-Orange & Byrne Prelim Design 270-90-958-900-905-ST 013-02-02 SO #6 McClellan Road Separated Bikeways 420-99-036-900-905 ST 016-02-02 SO #7 Regnart Crk Tri Feasibility Study -420-99-036-900-905 ST 016-02-02 Total Previously Encumbered to Date: Current Unencumbered amount in MA: ENCUMBRANCE: ENCUMBER: SO #8 Orange & Byrne 65% 270-90-958-900-905-ST 013-02-02 ~~ Total Encumbered to Date including this SO: UL,,.; Master Agreement Balance: Contract Manager: John Raaymakers Date: 9/12/2017 APPROVALS Consultant: Date: 9/ '5 f 7 Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. City Finance: ~ iL (A,~cj-, City of Cupertino HMH Engineers, Inc. ~Nu.JS 4·1.el·'i {)tJ 7(;-( g ""'~+Page 2 of 2 Date: q, rfJ · ( ·t Amount $1,000,000 $254,882 $28,550 $9,500 $65,371 $114,124 $191,000 $157,503 $820,930 $179,070 $160,468 $981,398 $18,602 Service Order #8 Service Order #8 Attachment A Scope of Services Design Professional shall provide certain Civil Engineering services as required and requested by City. Design Professional shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from City's Director of Public Works or authorized Agent as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service Order . Specific Performance Requirements The Project, as defined below, is generally described as roadway improvements along Byrne Ave and Orange Ave between McClellan Road to the south and Grenada Ave to the north. Work includes completing gaps in existing curb, gutter and sidewalks including changes and improvements needed to accomplish continuous walkways in the Project areas. It is assumed that the plans, specifications and estimates will be delivered in two (2) packages, herein referred to as "Orange" and "Byrne", consisting of the elements defined in the tasks below. This division will be used for deliverables as directed by the City. For the Project , Design Professional will provide the following tasks and subtasks, as is required for the Project: Task 3.0 65% Construction Document Development The 65% Construction Documents are a refinement of the Preliminary (35%) Design Documents and are to be based on comments received for the preliminary review . The 65% Plans, Draft Technical Specifications, and 65% Cost Estimate shall be submitted together. 3.01 Meetings: Participate in meetings with representatives of the City during the 65% Construction Document phase and provide written meeting minutes to the City within two (2) business days . 3.02 Outreach: Attend up to two (2) community meetings scheduled by the City. Prepare displays to support the community outreach. Displays will include full size Preliminary Plans with aerial photography backgrounds and other related displays as directed by the City. 3.03 Base Mapping Adjustments: Adjust existing base mapping to incorporate features collected through supplemental survey using current AutoCAD software on a screened aerial photo base as a background for proposed improvements. 3.04 Utility Design Coordination: Coordinate field reviews and investigative work by utility companies and owners as required. Coordinate relocation efforts of third party utility owners with the assistance of the City. Review utility relocation plans for consistency with design drawings. 3.05 65% Plans: Prepare 65% Design Plans and submit them to the City for review and comment. 65% plans shall include revisions and updates of plans submitted as Preliminary Design and 1 Service Order #8 addition of sheets not previously submitted (signing and striping, draft details , etc.). Advance the design to the point that all major design issues and solutions are represented in the plans . The 65 % Design Plans shall clearly identify right-of-way that will need to be acquired through easements or in fee to construct the proposed improvements . The following types of plans may be prepared : Title Sheet, Legend and Notes Typical Cross Sections Street Improvement Plans and Profiles Construction Details Drainage and Utility Relocation Plans Signing and Striping Plans 3.06 Right-of-Way Plats and Descriptions: Prepare plat maps and legal descriptions for up to twenty-six (26) property acquisitions required for the Project work . 3.07 Draft Technical Specifications: Prepare Draft Technical Specifications and submit to the City for review. The Technical Specifications are to reference City or Caltrans Standard Specifications for the various items of work, including measurement and payment provisions . 3.08 65% Cost Estimate: Prepare a 65 % Estimate of Probable Construction Cost based on items and quantities of work shown on the 65 % Plans and other anticipated improvements . Prices will be based on the magnitude of the quantities and the Design Professional's judgment and experience with similar local projects and recent construction bids. 3.1 Deliverables: (all deliverables shall be in a PDF format unless otherwise noted) 3.01 Meeting Notes 3 .05 65 % Design Plans 3 .06 Plats and Legal Descriptions 3.07 Draft Technical Specifications 3.08 65 % Construction Cost Estimate 2 Service Order #8 Schedule of Performance The following sets forth the distribution of CONSUL TANT's Schedule of Performance for each project. The CITY may approve in writing the extension of any milestone date set in this Exhibit. Task #3 65% Construction Documents Completion by January 2018 Compensation A. Maximum Compensation. The CITY agrees to compensate CONSUL TANT for professional services performed in accordance with the terms and conditions of this SERVICE ORDER. The maximum amount of compensation to be paid to CONSUL TANT under this SERVICE ORDER, shall not exceed ONE HUNDRED AND SIXTY THOUSAND, FOUR HUNDRED AND SIXTY-EIGHT DOLLARS ($160,468). CONSUL TANT agrees that it shall perform all of the services set forth in Exhibit A of this SERVICE ORDER for the maximum not to exceed amount of ONE HUNDRED AND SIXTY THOUSAND, FOUR HUNDRED AND SIXTY-EIGHT DOLLARS ($160,468). B. Method of Payment For Task No. 3, CONSULT ANT shall, during the term of this SERVICE ORDER , invoice the CITY monthly based upon a percentage of completion of each task, and reimbursable expenses incurred if applicable, in completing that task under this SERVICE ORDER. (Hereinafter "Invoice .") Provided CONSUL TANT has completed the services and incurred the reimbursable expenses covered by the Invoice in accordance with the provisions of this SERVICE ORDER , as determ ined by the CITY, the CITY shall pay CONSUL TANT the amount shown on the Invoice within thirty (30) working days of receipt of the Invoice . The Invoice shall be based on the percentage of task completed, and it shall describe the topics and tasks completed during the Invoice period in accordance with the Budget Schedule set forth below. The Invoice shall list work completed and reimbursable expenses if applicable, in accordance with the Budget Schedule set forth below. CONSUL TANT also shall include support ing documents for any reimbursable expenses. The Invoice shall also show the total to be paid for the Invoice period. C. Subconsultant Services. CONSUL TANT is directly responsible for any payment for SUBCONSUL TANT work on this PROJECT . SUBCONSUL TANT work on this PROJECT is included in the Budget Schedule shown above and shall be billed to the CITY by CONSUL TANT. D. Reimbursable expenses. Reimbursable expenses are included in CONSUL TANT's lump sum compensation, including, but not limited to , any expenses related to CONSUL TANT's internal plan checks, CAD test prints, 8 1/2 " x 11 " copies or fax copies . Plotting and Printing for public distribution will be the responsibility of the CITY. There are no separate reimbursable expenses for work performed under Task 3 in the Scope of Services . 3 Service Order #8 Exclusions The items listed below are specifically excluded from the scope of services as defined above : Electrical design pertaining to new or existing streetlights or signals affected by the Project. Landscape and/or irrigation design services pertaining to existing or proposed landscaping or irrigation work beyond general notes on the plans instructing the contractor to maintain and/or replace affected systems and vegetation. Design of non-standard retaining walls. Obtaining Title Reports for residential properties Design of stormwater treatment systems such as biocells and bioretention basins 4 CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSULTANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER MASTER AGREEMENT PO #: 2017-3 Service Order No.: 9 Maximum Compensation: $1,000,000 Account No.: 270-90-976-900-905-ST 009-02-02 Agreement Term: December 31 , 2018 Approval by: Consultant: Project Description: Project Name: ~Description: City Council Item No. 19 HMH Engineers, Inc. 1570 Oakland Road San Jose, CA 95131 Contact: William J. Wagner McClellan Sidewalk PG&E Staking Date: September 6, 2016 Phone: (408) 487-2200 To facilitate PG&E's relocation work associated with the City's Project: McClellan Road Sidewalk Improvements -Phase II, HMH will set field stakes for locations of PG&E facilities including poles, vaults, and guy wires associated with PG&E Project: PM 31289046. For proposed vaults, HMH will provide approximate elevation data for proposed improvements based upon the current designs of proposed city facilities. Stakes will be set prior to the coordinated field meeting with PG&E and are anticipated to be sufficient for construction shortly thereafter. This work is limited to one mobilization and does not anticipate re-stakes or additional mobilization after the work is performed. D Attachment A: Includes Scope of Service, Schedule of Performance and Compensation. City Project Management Managing Department: Public Works City of Cupertino HMH En g ineers, Inc. Project Manager: John Raaymakers Page 1 of 2 Service Order #9 CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSULT ANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIO US PROJECTS SERVICE ORDER Fiscal/Budget Master Agreement Maximum Compensation: Previously Encumbered on Master Agreement: SO #1 McClellan Rd SW Phase 2 : 270-90-976-900-905-ST 009-02-02 SO #2 Sidewalk Renovalion-SCB : 270-99-046-900-905-ST 015-02-02 SO 113 McClellan Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02 SO 114 Retaining Wall Replace-Regnart Rd 420-99-041-900-905 ST 021-02-02 SO 115 SW Improve-Orange & Byrne Prelim Design 270-90-958-900-905-ST 013-02-02 SO 116 McClellan Road Separated Bikeways 420-99-036-900-905 ST 016-02-02 SO #7 Regnart Crk Trl Feasibility Study -420-99-036-900-905 ST 016-02-02 SO #8 Orange & Byrne 65% 270-90-958-900-905-ST 013-02-02 Total Previously Encumbered to Date: Current Unencumbered amount in MA: ENCUMBRANCE: ENCUMBER: SO 119 McClellan Sidewalk PG&E Staking 270-90-976-900-905-ST 009-02-02 Total Encumbered to Date including this SO: Master Agreement Balance: Contract Manager: John Raaymakers Date: 11/22/2017 APPROVALS Consultant a ~ I Director of Public Works~f-'e .... ·----- Date: l l /-i -z-{ l 7 Date: U {z, 7 /t 7 Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. City Finance: City of Cupertin o HMH Engineers, Inc. Date : Page2of2 Amount · $1,000,000 $254,882 $28,550 $9,500 $65,371 $114,124 $191,000 $157,503 $160,468 $981,398 $18,602 $1,650 $983,048 $16,952 Service Order #9 CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSULTANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER MASTER AGREEMENT PO#: 2017-3 Service Order No.: 10 Maximum Compensation: $1,000,000 Account No.: 420-99-036-900-905 ST 016-02-02 Agreement Tenn: December 31, 2018 Approval by: Consultant: Project Description: Project Name: ~Description: City Council Item No.19 HMH Engineers, lnc. 1570 Oakland Road San Jose, CA 95131 Contact: William J. Wagner Seperated Bikeways-McClellan Road Date: September 6, 2016 Phone: (408) 487-2200 This Service Order is to provide stop-gap funding to alow project design work to move forward. The balance of design funding is anticipated to be provided through a future Master Agreement D Attachment A: Includes Scope of Service, Schedule of Performance and Compensation. City Project Management Managing Department Public Works Oty of Cu pertino HMH Engineers, Inc. Project Manager: John Raaymakers Pagel of2 Se rv ice Ord er #10 CITY OF CUPERTINO FOR HMH ENGINEERS, INC. CONSULTANT SERVICES AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS SERVICE ORDER Fiscal/Budget Master Agreement Maximum Compensation: Previously Encumbered on Master Agreement: SO #1 McClellan Rd SW Phase 2 : 270-90-976-900-905-ST 009-02-02 SO #2 Sidewalk Renovation-SCB : 270-99-046-900-905-ST 015-02-02 actual SO #3 McClellan Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02 SO #4 Retaining Wall Replace-Regnart Rd 420-99-041-900-905 ST 021-02-02 SO #5 SW Improve-Orange & Byrne Prelirn Design 270-90-958-900-905-ST 013-02-02 SO 116 McClellan Road Separated Bikeways 420-99-036-900-905 ST 016-02-02 SO #7 Regnart Crk Tri Feasibility Study -420-99-036-900-905 ST 016-02-02 SO #8 Orange & Byrne 65% 270-90-958-900-905-ST 013-02-02 SO #9 McClellan Sidewalk PG&E Staking 270-90-976-900-905-ST 009-02-02 Total Previously Encumbered to Date: Current Unencumbered amount in MA: ENCUMBRANCE: ENCUMBER: SO 1110 Sep Bike McClellan-Sup] 420-99-036-900-905 ST 016-02-02 Total Encumbered to Date including this SO: Master Agreement Balance: Contract Manager: Date: 2/20/2018 APPROVALS Consultant: Appropriation Certification: I he eby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. City Finance: ~ ~ Oty of Cupertino HMH Engineers, Inc. Date: 9' · ?"/·I Z Page2 of2 Amount $1,000,000 $254,882 $24,120 $9,500 $65,371 $114,124 $191 ,000 $157,503 $160,468 $1,650 $978,618 $21,382 $21,382 $1,000,000 $0 Service Order #10