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18-048 HMH Engineers, Inc., Master Agreement for Design Professional Services1 FIRST AMENDMENT TO AGREEMENT 18-048 BETWEEN THE CITY OF CUPERTINO AND HMH ENGINEERS INC. FOR CIVIL ENGINEERING AND SURVEY SERVICES This First Amendment to Agreement 18-048 between the City of Cupertino and HMH Engineers, Inc., for reference dated June 3, 2020, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and HMH ENGINEERS, INC., a corporation (“Contractor”) whose address is 1570 Oakland Road, San Jose, California, and is made with reference to the following: RECITALS: A. On 3/21/2018, Agreement 18-048 (“Agreement”) was entered into by and between City and Contractor for Civil Engineering and Surveying Services. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Exhibit A-A, attached hereto, is added to the Agreement. 2. Paragraph 2.1 of the Agreement is modified to read as follows: Scope of Services. Consultant agrees to provide the Services "as needed" and as set forth in the Scope of Services, attached and incorporated here as Exhibit A. The Services must comply with this Agreement and with each Service Order issued under the authority of the City Director of Public Works or his designee, in accordance with the following procedures. Consultant further agrees to carry out its work in compliance with the City’s Shelter In Place and Social Distancing Requirements, attached here and incorporated as Exhibit A-A. 3. Paragraph 3.1 of the Agreement is modified to read as follows: Term. This Agreement begins on the Effective Date and ends on December 31, 2021 ("Contract Time"), unless terminated earlier as provided herein. 4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONTRACTOR By Title Date CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Jon Cacciotti Principal Jun 18, 2020 Heather M. Minner Deborah L. Feng Jun 21, 2020 City Manager Jun 22, 2020 Revised: June 5, 2020 – Public Works Contracts 1 Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s (“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement (“Contract”), includes immediate compliance by Contractor and its subcontractors with the restrictions on travel and the Social Distancing Requirements set forth in the most recent health order issued by the County of Santa Clara Health Department in response to the COVID-19 pandemic, and any subsequent amendments or superseding orders thereto (the “Health Order”), and any other local, state, or federal laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”). B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social distancing requirements in the Health Order when preforming work under this Contract. If a scope of work item, notice to proceed, or work order under this Contract specifies work that cannot be performed in compliance with the Health Order or other Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to require any person at high risk of severe illness from COVID-19 to leave their residence to perform work under the Contract. Contractor will inform the City if other arrangements for the work must be made, and City will do so, with no penalty to Contractor, although Contractor will not be compensated for work performed by the City or third parties. Information from the Center for Disease Control ("CDC") on "high risk" categories is available at the CDC's website at: https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html. D. Health Order Requirements and Best Practices. Contractor will immediately undertake all appropriate measures to ensure compliance with the Social Distancing Requirements in the Health Order by all individuals on any project site or work area performing work under this Contract, including Contractor's or any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as required by the Health Order or other Health Laws. In particular, Contractor must comply with the provisions of Appendix B-1 or B-2 (attached hereto) to the Health Order, as applicable. Further, as long as required by the operative Health Order including Appendix B-1 or B-2, or other Health Laws, these measures shall include, but are not limited to, the following best practices: 1. Information. Inform all workers of the Social Distancing Requirements and these best practices, including any updates or modifications, and require compliance as a condition to being present on the project site or work area. 2. Sick Workers. Prohibit any individuals who have been tentatively or conclusively diagnosed with COVID-19 or who have any symptoms of illness, including the following, from entering or remaining on the project site or work area: fever, cough, shortness of Revised: June 5, 2020 – Public Works Contracts 2 breath, sore throat, body aches, chills, sudden loss of smell or taste or other flu-like symptoms. Encourage sick workers to get immediate medical attention. a. Daily Screening. A supervisor must ask the following questions of each worker before the worker is permitted to enter the project site or work area each day, and a worker who responds "yes" to any one of the following questions must be asked to leave immediately and will not be permitted back on the project site or work area until cleared based on meeting the applicable requirements set forth in the CDC's Interim Guidance on Discontinuation of Home Isolation for Persons with COVID-19 (https://www.cdc.gov/coronavirus/2019-ncov/hcp/disposition-in- home-patients.html): (1) Have you had any of the following symptoms within the past 14 days: fever, cough, shortness of breath, sore throat, body aches, chills, sudden loss or smell or taste, or any other flu-like symptoms? (2) Have you or anyone in your household been in contact with a person that has been diagnosed with, has symptoms of, or is being tested for COVID-19? (3) Have you been medically directed to self-quarantine due to possible exposure to COVID-19? 3. Signage/Posters. In compliance with the Health Order, post a Social Distancing Protocol, substantially in the form attached to the Health Order as Appendix A, at all project site or work area entry points, and in other areas where they are likely to be seen (e.g., project trailers, sanitary facilities, break areas). The Social Distancing Protocol must explain how Contractor is achieving compliance with social distancing requirements. Resources for this purpose are available from the CDC at: https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business- response.html A copy of the Social Distancing Protocol must also be provided to each employee performing work at the project site or work area. 4. Sanitary Facilities. Ensure adequate handwashing and/or hand-sanitizing facilities are available at all times and encourage frequent handwashing and/or hand-sanitizing throughout the day as specified below. Portable sanitary facilities must be serviced and cleaned on a daily basis. Provide hand sanitizer in or around all toilet facilities and common areas, including project trailers. a. Handwashing. Wash hands using soap and water for at least 20 seconds. b. Hand-sanitizer. Use a hand sanitizer that contains at least 60-95% alcohol when handwashing is not immediately available. Revised: June 5, 2020 – Public Works Contracts 3 c. Paper Products. Ensure that toilet paper, tissues, and paper towels are available as appropriate, with designated receptacles for disposal. 5. Distancing. Prohibit workers from being less than six feet apart, unless and only to the extent that would compromise worker safety or violate safety Laws for specific operations. Prohibit handshaking or any physical contact among workers, with the sole and limited exception of any physical contact required for worker safety or to comply with safety Laws. Avoid sharing tools to the extent possible. Require workers to provide their own transportation where possible and to avoid having more than two workers in a vehicle. 6. Groups/Meetings/Site Access. Avoid any group gatherings of 10 or more people. Use electronic alternatives to in person meetings, e.g., conference calls, video-conferencing, etc., to the greatest extent possible. Limit access to the project site or any work area to workers who are necessary to perform the work at that time. Allow non-essential personnel to work from home to the extent possible. Avoid all non-essential travel. Do not stack trades if possible. 7. Frequent Cleaning. Provide for regular and appropriate cleaning of all high touch surfaces at a project site or work area, including, but not limited to, shared tools or equipment, doorknobs and handles, toolboxes, sanitary facilities, common break areas, keypads, touch screens, project trailer surfaces and equipment, light or power switches, workstations, countertops, break areas, and the like. Clean and/or disinfect any reusable items or equipment. Clean surfaces of shared vehicles, including steering wheels, gear shifts, handles, instrument panels, etc. Ensure that cleaning products are used correctly and safely, and avoid cleaning techniques, such as use of pressurized air or water sprays, that may generate bioaerosols. 8. Personal Protective Equipment. When workers cannot avoid close proximity or physical contact, e.g., based on applicable safety laws, or are otherwise at risk for exposure to COVID-19, ensure that the affected workers are provided with appropriate personal protective equipment ("PPE"), which may include disposable gloves and/or other PPE. Instruct workers to wash or sanitize hands after removing gloves or other PPE. Ensure that all personal protective equipment is disposed of properly. 9. Water and Food. Prohibit shared or communal food or common water coolers. Provide individual water bottles for workers or instruct workers to bring their own. 10. Enforcement. Immediately eject any worker who fails or refuses to comply with the Health Laws, Social Distancing Requirements, or these best practices from the project site until or unless the Project Manager issues a written authorization for the worker to return, subject to full compliance. Revised: June 5, 2020 – Public Works Contracts 4 F. Proof of Compliance. If Contractor is subject to Appendix B-1 of the Health Order, Contractor must provide to the City the name and contact information for its designated site-specific COVID-19 supervisor(s). If Contractor is subject to Appendix B-2 of the Health Order, Contractor must provide to the City a copy of its Site-Specific Health and Safety Plan. Any changes to the COVID-19 supervisor or the Site-Specific Health and Safety Plan must be reported to the City immediately. E. Oversight. In other to ensure that all workers comply with the Social Distancing Requirements to the extent possible, Contractor shall designate a named individual to have primary responsibility for implementation and enforcement of the Social Distancing Requirements and these best practices, and to serve as the primary point of contact with the City in this regard. Contractor shall promptly inform the City of the name of this individual. F. Changed Requirements. It is understood and acknowledged that circumstances pertaining to the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with the City to implement new or changed requirements as quickly as possible. G. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require any agents, subcontractors, or subconsultants to comply with its provisions. Attachments to Exhibit A-A Appendix B-1 to June 5, 2020 Health Order Appendix B-2 to June 5, 2020 Health Order 1228578.4 Appendix B-1 (Effective June 5, 2020) 1 Small Construction Project Safety Protocol 1. Any construction project meeting any of the following specifications is subject to this Small Construction Project Safety Protocol (“SCP Protocol”), including public works projects unless otherwise specified by the Health Officer: a. For residential projects, any single-family, multi-family, senior, student, or other residential construction, renovation, or remodel project consisting of 10 units or less. This SCP Protocol does not apply to construction projects where a person is performing construction on their current residence either alone or solely with members of their own household. b. For commercial projects, any construction, renovation, or tenant improvement project consisting of 20,000 square feet of floor area or less. c. For mixed-use projects, any project that meets both of the specifications in subsection 1.a and 1.b. d. All other construction projects not subject to the Large Construction Project Safety Protocol set forth in Appendix B-2. 2. The following restrictions and requirements must be in place at all construction job sites subject to this SCP Protocol: a. Comply with all applicable and current laws and regulations including but not limited to OSHA and Cal-OSHA. If there is any conflict, difference, or discrepancy between or among applicable laws and regulations and/or this SCP Protocol, the stricter standard shall apply. b. Designate a site-specific COVID-19 supervisor or supervisors to enforce this guidance. A designated COVID-19 supervisor must be present on the construction site at all times during construction activities. A COVID-19 supervisor may be an on-site worker who is designated to serve in this role. c. The COVID-19 supervisor must review this SCP Protocol with all workers and visitors to the construction site. d. Establish a daily screening protocol for arriving staff to ensure that potentially infected staff do not enter the construction site. If workers leave the jobsite and return the same day, establish a cleaning and decontamination protocol prior to entry and exit of the jobsite. Post the daily screening protocol at all entrances and exits to the jobsite. More information on screening can be found online at: https://www.cdc.gov/coronavirus/2019- ncov/community/index.html. e. Practice social distancing by maintaining a minimum six-foot distance between workers at all times, except as strictly necessary to carry out a task associated with the construction project. Appendix B-1 (Effective June 5, 2020) 2 f. Where construction work occurs within an occupied residential unit, separate work areas must be sealed off from the remainder of the unit with physical barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must access the work area from an alternative entry/exit door to the entry/exit door used by residents. Available windows and exhaust fans must be used to ventilate the work area. If residents have access to the work area between workdays, the work area must be cleaned and sanitized at the beginning and at the end of workdays. Every effort must be taken to minimize contact between workers and residents, including maintaining a minimum of six feet of social distancing at all times. g. Where construction work occurs within common areas of an occupied residential or commercial building or a mixed-use building in use by on-site employees or residents, separate work areas must be sealed off from the rest of the common areas with physical barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must access the work area from an alternative building entry/exit door to the building entry/exit door used by residents or other users of the building. Every effort must be taken to minimize contact between worker and building residents and users, including maintaining a minimum of six feet of social distancing at all times. h. Prohibit gatherings of any size on the jobsite, including gatherings for breaks or eating, except for meetings regarding compliance with this protocol or as strictly necessary to carry out a task associated with the construction project. i. Cal-OSHA requires employers to provide water, which should be provided in single-serve containers. Sharing of any of any food or beverage is strictly prohibited and if sharing is observed, the worker must be sent home for the day. j. Provide personal protective equipment (PPE) specifically for use in construction, including gloves, goggles, face shields, and face coverings as appropriate for the activity being performed. At no time may a contractor secure or use medical-grade PPE unless required due to the medical nature of a jobsite. Face coverings must be worn in compliance with the April 17, 2020 Guidance from the County of Santa Clara Public Health Department, available at: https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do.aspx#howto. k. Strictly control “choke points” and “high-risk areas” where workers are unable to maintain six-foot social distancing and prohibit or limit use to ensure that six-foot distance can easily be maintained between individuals. l. Minimize interactions and maintain social distancing with all site visitors, including delivery workers, design professional and other project consultants, government agency representatives, including building and fire inspectors, and residents at residential construction sites. m. Stagger trades as necessary to reduce density and allow for easy maintenance of minimum six-foot separation. Appendix B-1 (Effective June 5, 2020) 3 n. Discourage workers from using others’ desks, work tools, and equipment. If more than one worker uses these items, the items must be cleaned and disinfected with disinfectants that are effective against COVID-19 in between use by each new worker. Prohibit sharing of PPE. o. If hand washing facilities are not available at the jobsite, place portable wash stations or hand sanitizers that are effective against COVID-19 at entrances to the jobsite and in multiple locations dispersed throughout the jobsite as warranted. p. Clean and sanitize any hand washing facilities, portable wash stations, jobsite restroom areas, or other enclosed spaces daily with disinfectants that are effective against COVID-19. Frequently clean and disinfect all high touch areas, including entry and exit areas, high traffic areas, rest rooms, hand washing areas, high touch surfaces, tools, and equipment q. Maintain a daily attendance log of all workers and visitors that includes contact information, including name, phone number, address, and email. r. Post a notice in an area visible to all workers and visitors instructing workers and visitors to do the following: i. Do not touch your face with unwashed hands or with gloves. ii. Frequently wash your hands with soap and water for at least 20 seconds or use hand sanitizer with at least 60% alcohol. iii. Clean and disinfect frequently touched objects and surfaces such as work stations, keyboards, telephones, handrails, machines, shared tools, elevator control buttons, and doorknobs. iv. Cover your mouth and nose when coughing or sneezing, or cough or sneeze into the crook of your arm at your elbow/sleeve. v. Do not enter the jobsite if you have a fever, cough, or other COVID-19 symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at home. vi. Constantly observe your work distances in relation to other staff. Maintain the recommended minimum six feet at all times when not wearing the necessary PPE for working in close proximity to another person. vii. Do not carpool to and from the jobsite with anyone except members of your own household unit, or as necessary for workers who have no alternative means of transportation. viii. Do not share phones or PPE. s. In the event of a confirmed case of COVID-19 at any jobsite, the following must take place: i. Immediately remove the infected individual from the jobsite with directions to seek medical care. ii. Each location the infected worker was at must be decontaminated and sanitized by an outside vendor certified in hazmat clean ups, and work in these locations must cease until decontamination and sanitization is complete. iii. The County Public Health Department must be notified immediately by both telephone (by calling 408.885.4214) and by email (by sending an email to coronavirus@phd.sccgov.org). Any requirements specified by the County health officials must be completed, including full compliance with any tracing efforts by the County. Appendix B-2 (Effective June 5, 2020) 1 Large Construction Project Safety Protocol 1. Any construction project meeting any of the following specifications is subject to this Large Construction Project Safety Protocol (“LCP Protocol”), including public works projects unless otherwise specified by the Health Officer: a. For residential construction projects, any single-family, multi-family, senior, student, or other residential construction, renovation, or remodel project consisting of more than 10 units. b. For commercial construction projects, any construction, renovation, or tenant improvement project consisting of more than 20,000 square feet of floor area. c. For construction of Essential Infrastructure, as defined in section 16.c of the Order, any project that requires 20 or more workers at the jobsite at any one time. 2. The following restrictions and requirements must be in place at all construction job sites subject to this LCP Protocol: a. Comply with all applicable and current laws and regulations including but not limited to OSHA and Cal-OSHA. If there is any conflict, difference or discrepancy between or among applicable laws and regulations and/or this LCP Protocol, the stricter standard will apply. b. Prepare a new or updated Site-Specific Health and Safety Plan to address COVID- 19-related issues, post the Plan on-site at all entrances and exits, and produce a copy of the Plan to County governmental authorities upon request. The Plan must be translated as necessary to ensure that all non-English speaking workers are able to understand the Plan. c. Provide personal protective equipment (PPE) specifically for use in construction, including gloves, goggles, face shields, and face coverings as appropriate for the activity being performed. At no time may a contractor secure or use medical-grade PPE, unless required due to the medical nature of a job site. Face coverings must be worn in compliance with the April 17, 2020 Guidance from the County of Santa Clara Public Health Department, available at: https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do.aspx#howto. d. Ensure that employees are trained in the use of PPE. Maintain and make available a log of all PPE training provided to employees and monitor all employees to ensure proper use of the PPE. e. Prohibit sharing of PPE. Appendix B-2 (Effective June 5, 2020) 2 f. Implement social distancing requirements including, at minimum: i. Stagger stop- and start-times for shift schedules to reduce the quantity of workers at the jobsite at any one time to the extent feasible. ii. Stagger trade-specific work to minimize the quantity of workers at the jobsite at any one time. iii. Require social distancing by maintaining a minimum six-foot distance between workers at all times, except as strictly necessary to carry out a task associated with the project. iv. Prohibit gatherings of any size on the jobsite, except for safety meetings or as strictly necessary to carry out a task associated with the project. v. Strictly control “choke points” and “high-risk areas” where workers are unable to maintain minimum six-foot social distancing and prohibit or limit use to ensure that minimum six-foot distancing can easily be maintained between workers. vi. Minimize interactions and maintain social distancing with all site visitors, including delivery workers, design professional and other project consultants, government agency representatives, including building and fire inspectors, and residents at residential construction sites. vii. Prohibit workers from using others’ phones or desks. Any work tools or equipment that must be used by more than one worker must be cleaned with disinfectants that are effective against COVID-19 before use by a new worker. viii. Place wash stations or hand sanitizers that are effective against COVID-19 at entrances to the jobsite and in multiple locations dispersed throughout the jobsite as warranted. ix. Maintain a daily attendance log of all workers and visitors that includes contact information, including name, address, phone number, and email. x. Post a notice in an area visible to all workers and visitors instructing workers and visitors to do the following: 1. Do not touch your face with unwashed hands or with gloves. 2. Frequently wash your hands with soap and water for at least 20 seconds or use hand sanitizer with at least 60% alcohol. 3. Clean and disinfect frequently touched objects and surfaces such as workstations, keyboards, telephones, handrails, machines, shared tools, elevator control buttons, and doorknobs. 4. Cover your mouth and nose when coughing or sneezing or cough or sneeze into the crook of your arm at your elbow/sleeve. 5. Do not enter the jobsite if you have a fever, cough, or other COVID- 19 symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at home. 6. Constantly observe your work distances in relation to other staff. Maintain the recommended minimum six-feet distancing at all times when not wearing the necessary PPE for working in close proximity to another person. 7. Do not share phones or PPE. Appendix B-2 (Effective June 5, 2020) 3 xi. The notice in section 2.f.x must be translated as necessary to ensure that all non-English speaking workers are able to understand the notice. g. Implement cleaning and sanitization practices in accordance with the following: i. Frequently clean and sanitize, in accordance with CDC guidelines, all high-traffic and high-touch areas including, at a minimum: meeting areas, jobsite lunch and break areas, entrances and exits to the jobsite, jobsite trailers, hand-washing areas, tools, equipment, jobsite restroom areas, stairs, elevators, and lifts. ii. Establish a cleaning and decontamination protocol prior to entry and exit of the jobsite and post the protocol at entrances and exits of jobsite. iii. Supply all personnel performing cleaning and sanitization with proper PPE to prevent them from contracting COVID-19. Employees must not share PPE. iv. Establish adequate time in the workday to allow for proper cleaning and decontamination including prior to starting at or leaving the jobsite for the day. h. Implement a COVID-19 community spread reduction plan as part of the Site-Specific Health and Safety Plan that includes, at minimum, the following restrictions and requirements: i. Prohibit all carpooling to and from the jobsite except by workers living within the same household unit, or as necessary for workers who have no alternative means of transportation. ii. Cal-OSHA requires employers to provide water, which should be provided in single- serve containers. Prohibit any sharing of any food or beverage and if sharing is observed, the worker must be sent home for the day. iii. Prohibit use of microwaves, water coolers, and other similar shared equipment. i. Assign a COVID-19 Safety Compliance Officer (SCO) to the jobsite and ensure the SCO’s name is posted on the Site-Specific Health and Safety Plan. The SCO must: i. Ensure implementation of all recommended safety and sanitation requirements regarding the COVID-19 virus at the jobsite. ii. Compile daily written verification that each jobsite is compliant with the components of this LCP Protocol. Each written verification form must be copied, stored, and made immediately available upon request by any County official. iii. Establish a daily screening protocol for arriving staff, to ensure that potentially infected staff do not enter the construction site. If workers leave the jobsite and return the same day, establish a cleaning and decontamination protocol prior to entry and exit of the jobsite. Post the daily screening protocol at all entrances and exit to the jobsite. More information on screening can be found online at: https://www.cdc.gov/coronavirus/2019-ncov/community/index.html. iv. Conduct daily briefings in person or by teleconference that must cover the following topics: 1. New jobsite rules and pre-job site travel restrictions for the prevention of COVID-19 community spread. 2. Review of sanitation and hygiene procedures. 3. Solicitation of worker feedback on improving safety and sanitation. 4. Coordination of construction site daily cleaning/sanitation requirements. 5. Conveying updated information regarding COVID-19. Appendix B-2 (Effective June 5, 2020) 4 6. Emergency protocols in the event of an exposure or suspected exposure to COVID-19. v. Develop and ensure implementation of a remediation plan to address any non- compliance with this LCP Protocol and post remediation plan at entrance and exit of jobsite during remediation period. The remediation plan must be translated as necessary to ensure that all non-English speaking workers are able to understand the document. vi. The SCO must not permit any construction activity to continue without bringing such activity into compliance with these requirements. vii. Report repeated non-compliance with this LCP Protocol to the appropriate jobsite supervisors and a designated County official. j. Assign a COVID-19 Third-Party Jobsite Safety Accountability Supervisor (JSAS) for the jobsite, who at a minimum holds an OSHA-30 certificate and first-aid training within the past two years, who must be trained in the protocols herein and verify compliance, including by visual inspection and random interviews with workers, with this LCP Protocol. i. Within seven calendar days of each jobsite visit, the JSAS must complete a written assessment identifying any failure to comply with this LCP Protocol. The written assessment must be copied, stored, and, upon request by the County, sent to a designated County official. ii. If the JSAS discovers that a jobsite is not in compliance with this LCP Protocol, the JSAS must work with the SCO to develop and implement a remediation plan. iii. The JSAS must coordinate with the SCO to prohibit continuation of any work activity not in compliance with rules stated herein until addressed and the continuing work is compliant. iv. The remediation plan must be sent to a designated County official within five calendar days of the JSAS’s discovery of the failure to comply. k. In the event of a confirmed case of COVID-19 at any jobsite, the following must take place: i. Immediately remove the infected individual from the jobsite with directions to seek medical care. ii. Each location the infected worker was at must be decontaminated and sanitized by an outside vendor certified in hazmat clean ups, and work in these locations must cease until decontamination and sanitization is complete. iii. The County Public Health Department must be notified immediately by both telephone (by calling 408.885.4214) and by email (by sending an email to coronavirus@phd.sccgov.org). Any requirements specified by the County health officials must be completed, including full compliance with any tracing efforts by the County. l. Where construction work occurs within an occupied residential unit, any separate work area must be sealed off from the remainder of the unit with physical barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must access the work area from an alternative entry/exit door to the entry/exit door used by Appendix B-2 (Effective June 5, 2020) 5 residents. Available windows and exhaust fans must be used to ventilate the work area. If residents have access to the work area between workdays, the work area must be cleaned and sanitized at the beginning and at the end of workdays. Every effort must be taken to minimize contact between workers and residents, including maintaining a minimum of six feet of social distancing at all times. m. Where construction work occurs within common areas of an occupied residential or commercial building or a mixed-use building in use by on-site employees or residents, any separate work area must be sealed off from the rest of the common areas with physical barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must access the work area from an alternative building entry/exit door to the building entry/exit door used by residents or other users of the building. Every effort must be taken to minimize contact between worker and building residents and users, including maintaining a minimum of six feet of social distancing at all times. June 3, 2020 William J. Wagner HMH Engineers, Inc 1570 Oakland Road San Jose, CA 95131 Re: Notice Regarding Compliance with COVID-19 Health Orders Dear Mr. Wagner: I hope this finds you well. As you are likely aware, on March 31, 2020, the County of Santa Clara Public Health Department issued a health order in response to the COVID-19 pandemic. Further, on April 23, 2020, the City of Cupertino issued Emergency Order 20-01 requiring members of the public to wear face coverings. This letter outlines the City’s expectations for how, during the pandemic, work performed under your contract with the City to replace dugout roofs at Monte Vista Rec. Center and Wilson Park will comply with these orders and other laws and will protect workers and the public. Section 13 (Compliance with Laws) of your contract requires that you comply with all applicable local, state, and federal laws and regulations. This duty includes your and your subcontractors’ immediate compliance with the restrictions on travel and the Social Distancing Requirements in Section 13.k of the County of Santa Clara’s March 31, 2020 COVID-19 health order, and any subsequent amendments to it or superseding orders (the “Health Order”), along with any other local, state, or federal laws that have been or may be enacted or in response to the COVID-19 pandemic (collectively, “Health Laws”). The Health Order at Section 13.c specifies that individuals may leave their residence only to perform specified “Essential Activities.” The City requires that you comply with these restrictions on travel when preforming work under this contract. If a scope of work item, notice to proceed, or work order under this contract specifies work that cannot be performed in compliance with the Health Order or other Health Laws, the City requires that you refrain from conducting the work and immediately inform the City. Section 13.a of the Health Order advises that “people at high risk of severe illness from COVID- 19 and people who are sick are strongly urged to stay in their residence to the extent possible, except as necessary to seek medical care or provide medical care or Essential Governmental Functions.” Information from the Center for Disease Control (“CDC”) on “high risk” categories is available at the CDC's website at: www.cdc.gov/coronavirus/2019-ncov/specific- 2 groups/people-at-higher-risk.html. Nothing in your contract with the City shall be interpreted to require any person at high risk of severe illness from COVID-19 to leave their residence to perform work under the contract. Please inform the City if other arrangements for the work must be made, and City will make those arrangements with no penalty to you, although you will not be compensated for work performed by the City or third parties. For work that qualifies as Essential Activities as defined in the Health Order, Section 13.k of the Heath Order requires that “[a]ll individuals must strictly comply with Social Distancing Requirements. . . as necessary to carry out the work of” Essential Activities. The City requires that you immediately undertake all appropriate measures to ensure compliance with the Social Distancing Requirements in the Health Order by all individuals performing work under this contract, including your or any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively, "workers"), and that you will maintain these measures for as long as required by the Health Order or other Health Laws. These measures shall include, but are not limited to, the following: Meetings/Site Access. Use electronic alternatives to in person meetings, e.g., conference calls, video-conferencing, etc., to the greatest extent possible. Limit access to any project site or any work area to workers who are necessary to perform in-person work. Require non-essential personnel to work from home to the extent possible. Avoid all non-essential travel. Distancing. Where workers perform in-person work at a project site or a work area, prohibit workers from being less than six feet apart, except where doing so would compromise worker safety or violate safety laws for specific operations. Prohibit handshaking or any physical contact among workers, with the sole and limited exception of any physical contact required for worker safety or to comply with safety laws. Prohibit workers from sharing a vehicle. Finally, the City requires that in performing work under this contract, you and your workers comply with City of Cupertino Emergency Order 20-01 requiring individuals to wear face coverings in certain circumstances (“Face Covering Order,” available at https://www.cupertino.org/home/showdocument?id=27443). Specifically, Paragraph 4 of the Face Covering Order details when face coverings must be worn by individuals performing work. Circumstances pertaining to the COVID-19 pandemic are evolving rapidly and new local, state, or federal requirements may modify the provisions noted in this letter. The City expects that you will implement new or changed requirements as quickly as possible. Please share this letter with any subcontractors performing work under this contract. Regards, Michael Zimmermann CIP Manager 1236020.1 Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 1 Form Updated Sept. 2019 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.  Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 2 Form Updated Sept. 2019 Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/4/2020 Dealey, Renton & Associates P. O. Box 12675 Oakland CA 94604-2675 Doris A. Chambers 510-465-3090 certificates@dealeyrenton.com Travelers Property Casualty Company of America 25674 HMHENGIN Berkley Insurance Company 32603HMH Engineers 1570 Oakland Road San Jose CA 95131 Trumbull Insurance Company 27120 232055784 A X 1,000,000 X 1,000,000 5,000 1,000,000 2,000,000 X Y Y 6809H276384 3/29/2020 3/29/2021 2,000,000 C 1,000,000 X X X Y Y 84UEGAT0879 3/29/2020 3/29/2021 A X X 5,000,000YCUP8673Y7783/29/2020Y 3/29/2021 5,000,000 A X N Y UB9N00678A 3/29/2020 3/29/2021 1,000,000 1,000,000 1,000,000 B Professional Liability & Contractors Pollution Liability Y AEC903831500 3/29/2020 3/29/2021 $2,000,000 $4,000,000 per Claim Annl Aggr. REF: ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers. The Excess Umbrella Liability is Following Form to the General Liability, Automobile Liability and Employers' Liability policies. Commercial General Liability is primary and non-contributory and includes severability of interests per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. Professional Liability Retro Date: 01/01/1976. BEST RATINGS: Travelers Property Casualty Co. - A++:XV American Automobile Ins. Co. - A+:XV XL Specialty Insurance Co. - Au:XV Trumbull Insurance Company - A+:XV Cancellation provisions are solely as shown on this certificate. Cancellation: 30 Day/10 Day for Non Payment of Premium. 30 Day NOC/10 Day for NonPay of Prem City of Cupertino 10300 Torre Avenue Cupertino CA 95014 A+, XV A+, XV A++, XV ÐÑÔ×ÝÇÒËÓÞÛÎ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò    Ì¸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ    ø×²º±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò÷ Í»½¬·±²×× É¸±×ß²×²«®»¼·¿³»²¼»¼¬±·²ó Ì¸··²«®¿²½»¼±»²±¬¿°°´§¬±þ¾±¼·´§·²¶«®§þ±® ½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±® þ°®±°»®¬§¼¿³¿¹»þ±½½«®®·²¹ô±®°»®±²¿´·²¶«®§Œ ±®¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§ ±®¿¼ª»®¬··²¹·²¶«®§Œ¿®··²¹±«¬±º¿²±ºº»²» ©·¬¸®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þôþ°®±°»®¬§ ½±³³·¬¬»¼ô¿º¬»®æ ¼¿³¿¹»þôþ°»®±²¿´·²¶«®§Œ±®¿¼ª»®¬··²¹·²¶«®§þ ß´´©±®µô·²½´«¼·²¹³¿¬»®·¿´ô°¿®¬±®»¯«·°ó½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§æ ³»²¬º«®²·¸»¼·²½±²²»½¬·±²©·¬¸«½¸©±®µô Ç±«®¿½¬±®±³··±²å±®±²¬¸»°®±¶»½¬ø±¬¸»®¬¸¿²»®ª·½»ô³¿·²¬»ó ²¿²½»±®®»°¿·®÷¬±¾»°»®º±®³»¼¾§±®±²Ì¸»¿½¬±®±³··±²±º¬¸±»¿½¬·²¹±²§±«®¾»¸¿´º±º¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿ó¾»¸¿´ºå ¬·±²±º¬¸»½±ª»®»¼±°»®¿¬·±²¸¿¾»»²½±³ó·²¬¸»°»®º±®³¿²½»±º§±«®±²¹±·²¹±°»®¿¬·±²º±®°´»¬»¼å±®¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿¬·±²ø÷¼»·¹ó Ì¸¿¬°±®¬·±²±ºþ§±«®©±®µþ±«¬±º©¸·½¸¬¸»²¿¬»¼¿¾±ª»ò ·²¶«®§±®¼¿³¿¹»¿®·»¸¿¾»»²°«¬¬±·¬·²óÉ·¬¸®»°»½¬¬±¬¸»·²«®¿²½»¿ºº±®¼»¼¬±¬¸»»¬»²¼»¼«»¾§¿²§°»®±²±®±®¹¿²·¦¿¬·±²¿¼¼·¬·±²¿´·²«®»¼ô¬¸»º±´´±©·²¹¿¼¼·¬·±²¿´»¨½´«ó ±¬¸»®¬¸¿²¿²±¬¸»®½±²¬®¿½¬±®±®«¾½±²¬®¿½ó·±²¿°°´§æ ¬±®»²¹¿¹»¼·²°»®º±®³·²¹±°»®¿¬·±²º±®¿ °®·²½·°¿´¿¿°¿®¬±º¬¸»¿³»°®±¶»½¬ò Ý±°§®·¹¸¬îððëÌ¸»Í¬òÐ¿«´Ì®¿ª»´»®Ý±³°¿²·»ô×²½òß´´®·¹¸¬®»»®ª»¼ò Ð¿¹»ï±ºï ×²½´«¼»½±°§®·¹¸¬»¼³¿¬»®·¿´±º×²«®¿²½»Í»®ª·½»Ñºº·½»ô×²½ò©·¬¸·¬°»®³··±²ò Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 6809H276384 6/4/2020 ÐÑÔ×ÝÇÒËÓÞÛÎæ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò   Ì¸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ    ×²º±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò ·¿³»²¼»¼¬±·²ó ´±½¿¬·±²¼»·¹²¿¬»¼¿²¼¼»½®·¾»¼·²¬¸»½¸»¼«´»±º ½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±®±®ó ¬¸·»²¼±®»³»²¬°»®º±®³»¼º±®¬¸¿¬¿¼¼·¬·±²¿´·²ó ¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§©·¬¸ «®»¼¿²¼·²½´«¼»¼·²¬¸»þ°®±¼«½¬ó½±³°´»¬»¼±°»®¿ó ®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þ±®þ°®±°»®¬§¼¿³ó ¬·±²¸¿¦¿®¼þò ¿¹»þ½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§þ§±«®©±®µþ¿¬¬¸» ×ÍÑÐ®±°»®¬·»ô×²½òôîððì Ð¿¹»ï±ºï Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 6/4/20206809H276384 ÝÑÓÓÛÎÝßÔ ×ßÞ×Ô× ÙÛÒÛÎßÔÔ ×ÌÇ ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò    Ì¸·»²¼±®»³»²¬ ··»·²«®¿²½»°®±·¼»¼«²¼»®¬ º±´³±¼ºª ¸» ´±©·²¹æ ÝÑÓÓÛÎÝ ÙÛÒÛÎßÔÔ ×ÌÇ ÊÛÎß ß×ßÔ×ßÞ×Ô ÝÑ ÙÛÐ ÎÌ Ì¸»º±´±©·²¹·¿¼¼»¼¬±Ð¿®¿¹®¿°¸ ô´Ì¸»þ¾±¼· §þ±®þ°®±°»®¬§¼¿ þº±®©¸·½¸´§·²¶«®³¿¹»     ô±º½± ·±«¹¸¬·½¿«»¼¾§¿²þ±½½«®®»²½»þª»®¿¹»   æ ¬¸¿¬¬¿µ»°´¿½»å¿²¼ Ø±©» º§±«°»½··½¿´§¿¹®»»·²¿©®·¬¬»²½±²¬®¿½¬ª»®ô· º ´Ì¸»þ°»®±²¿´·²¶«®§þ±®þ¿¼ ¬ ·²¶«®§þº±®ª»®··²¹ ±®¿¹®»»³»²¬¬¸¿¬¬¸»·²«®¿²½»¿º ¬±¿²¿¼¼·ó º±®¼»¼©¸·½¸½± ®¿¹»·±«¹¸¬¿®·»±«¬±º¿²±º»²»ª»º¬·±²¿´¬¸·Ý±ª»®¿¹»Ð¿®¬·²«®»¼«²¼»®³«¬¿°°´§±²¬¸¿¬ ³ ·¬¬»¼·½± ³ å¿°®· ¾¿·ô±®¿°®³¿®§¿²¼²±²ó½±²¬®³¿®§··¾«¬±®§«¾»¯«»²¬¬±¬¸»·¹²·²¹¿²¼» ·±²±¬¸¿¬½±²ó ¨»½«¬ º¾¿·ô¬¸··²«®¿²½»·°®·³¿®§¬±±¬¸»®·²«®¿²½»¬¸¿¬¬®¿½¬±® ³»²¬¾§¿¹®»» §±«ò·¿ · ¬±«½¸¿¼¼·¬ ·²«®»¼©¸·½¸½±ª¿´¿¾´»·±²¿´ª»® «½¸¿¼¼·¬·±²¿´·²«®»¼¿¿²¿³»¼·²«®»¼ô¿²¼©» ©·´´±¬¸»® ®¿²½»ô°®±·¼»¼¬¸¿¬²±¬¸¿®»©·¬¸¬¸¿¬ ·²« ª æ &îððèÌ¸»Ì®¿ª»´»®Ý±³°¿²·»ô×²½ò Ð¿¹»ï±ºï ÐÑÔ×ÝÇÒËÓÞÛÎæ 6809H276384 ÐÑÔ×ÝÇÒËÓÞÛÎæ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò Éß×ÊÛÎÑÚÌÎßÒÍÚÛÎÑÚÎ×ÙØÌÍÑÚÎÛÝÑÊÛÎÇ ßÙß×ÒÍÌÑÌØÛÎÍÌÑËÍ Ì¸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ   ø×º²±»²¬®§¿°°»¿®¿¾±ª»ô·²º±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·»²¼±®»³»²¬©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±² ¿¿°°´·½¿¾´»¬±¬¸·»²¼±®»³»²¬ò÷ Ì¸» ÌÎßÒÍÚÛÎ ÑÚ Î×ÙØÌÍ ÑÚ ÎÛÝÑÊÛÎÇ ¼¿³¿¹»¿®··²¹±«¬±º§±«®±²¹±·²¹±°»®¿¬·±²±® ßÙß×ÒÍÌ ÑÌØÛÎÍ ÌÑ ËÍ Ý±²¼·¬·±² øÍ»½¬·±² ×Êó þ§±«®©±®µþ¼±²»«²¼»®¿½±²¬®¿½¬©·¬¸¬¸¿¬°»®±² ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇ ÝÑÒÜ×Ì×ÑÒÍ÷ ±® ±®¹¿²·¦¿¬·±² ¿²¼ ·²½´«¼»¼ ·² ¬¸» þ°®±¼«½¬ó ·¿³»²¼»¼¾§¬¸»¿¼¼·¬·±²±º¬¸»º±´´±©·²¹æ ½±³°´»¬»¼±°»®¿¬·±²¸¿¦¿®¼òþÌ¸·©¿·ª»®¿°°´·» ±²´§¬± ¬¸»°»®±² ±®±®¹¿²·¦¿¬·±² ¸±©² ·² ¬¸»É»©¿·ª»¿²§®·¹¸¬±º®»½±ª»®§©»³¿§¸¿ª»¿¹¿·²¬Í½¸»¼«´»¿¾±ª»ò¬¸»°»®±²±®±®¹¿²·¦¿¬·±²¸±©²·²¬¸»Í½¸»¼«´» ¿¾±ª»¾»½¿«»±º°¿§³»²¬©»³¿µ»º±®·²¶«®§±® Ý±°§®·¹¸¬ô×²«®¿²½»Í»®ª·½»Ñºº·½»ô×²½òôïççî Ð¿¹»ï±ºï Any person or organization that you agree in a written contract 6809H276384 03/29/2019 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured"than other provisions of the Coverage Form, the provisions of this endorsement apply. 1.BROAD FORM INSURED d.Any "employee"of yours while using a covered "auto"you don't own,hire or A.Subsidiaries and Newly Acquired or borrow in your business or yourFormed Organizations personal affairs.The Named Insured shown in the C.Lessors as InsuredsDeclarations is amended to include: Paragraph A.1.-WHO IS AN INSURED -of (1)Any legal business entity other than a Section II -Liability Coverage is amended topartnershiporjointventure,formed as a add:subsidiary in which you have an ownership interest of more than 50%on e.The lessor of a covered "auto"while the the effective date of the Coverage Form. "auto"is leased to you under a written However,the Named Insured does not agreement if: include any subsidiary that is an (1)The agreement requires you to"insured"under any other automobile provide direct primary insurance for policy or would be an "insured"under the lessor andsuchapolicybutforitsterminationor (2)The "auto"is leased without a driver.the exhaustion of its Limit of Insurance. Such a leased "auto"will be considered a (2)Any organization that is acquired or covered "auto"you own and not a covered formed by you and over which you "auto"you hire.maintain majority ownership.However, the Named Insured does not include any D.Additional Insured if Required by Contract newly formed or acquired organization:(1)Paragraph A.1.-WHO IS AN INSURED (a)That is a partnership or joint -of Section II -Liability Coverage is venture,amended to add: (b)That is an "insured"under any other f.When you have agreed,in a writtenpolicy,contract or written agreement,that a (c)That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your business auto policy, such person or (d)180 days or more after its organization is an "insured", but only acquisition or formation by you, to the extent such person orunlessyouhavegivenusnoticeof organization is liable for "bodilythe acquisition or formation. injury"or "property damage"causedCoveragedoesnotapplyto"bodily by the conduct of an "insured" under injury"or "property damage"that results paragraphs a.or b.of Who Is Anfroman"accident"that occurred before Insured with regard to theyouformed or acquired the organization. ownership,maintenance or use of a B.Employees as Insureds covered "auto." Paragraph A.1.-WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 1 of 5of ISO Properties,Inc.,with its permission.) 84UEGAT0879 E.Primary and Non-Contributory ifTheinsuranceaffordedtoanysuch Required by Contractadditionalinsuredappliesonlyifthe "bodily injury"or "property damage"Only with respect to insurance provided to occurs:an additional insured in 1.D.-Additional (1)During the policy period, and Insured If Required by Contract,the following provisions apply:(2)Subsequent to the execution of such written contract, and (3)Primary Insurance When Required By Contract(3)Prior to the expiration of the period of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured.agreement that this insurance be primary.If other insurance is also (2)How Limits Apply primary,we will share with all that otherIfyouhaveagreedinawrittencontractinsurancebythemethoddescribedinorwrittenagreementthatanother Other Insurance 5.d.person or organization be added as an (4)Primary And Non-Contributory To Otheradditionalinsuredonyourpolicy,the Insurance When Required By Contractmostwewillpayonbehalfofsuch additional insured is the lesser of:If you have agreed in a written contract or written agreement that this insurance(a)The limits of insurance specified in is primary and non-contributory with the the written contract or written additional insured's own insurance,this agreement; or insurance is primary and we will not(b)The Limits of Insurance shown in seek contribution from that otherthe Declarations.insurance. Such amount shall be a part of and not (3)(4)Paragraphs and do not apply to other in addition to Limits of Insurance shown insurance to which the additional insuredintheDeclarationsanddescribedinthishasbeen added as an additional insured.Section. When this insurance is excess,we will have no (3)Additional Insureds Other Insurance duty to defend the insured against any "suit"if If we cover a claim or "suit"under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit".If no other insurer by other insurance available to an defends,we will undertake to do so,but we will additional insured,such additional be entitled to the insured's rights against all insured must submit such claim or "suit"those other insurers. to the other insurer for defense and When this insurance is excess over otherindemnity. insurance,we will pay only our share of the However,this provision does not apply amount of the loss,if any,that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1)The total amount that all such otherthatthisinsuranceisprimaryandnon-insurance would pay for the loss in thecontributorywiththeadditionalinsured's absence of this insurance; andowninsurance. (2)The total of all deductible and self-insured (4)Duties in The Event Of Accident,Claim,amounts under all that other insurance.Suit or Loss We will share the remaining loss,if any,by the If you have agreed in a written contract method described in Other Insurance 5.d.or written agreement that another 2.AUTOS RENTED BY EMPLOYEESpersonororganizationbeaddedasan additional insured on your policy,the Any "auto"hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto"you hire. CONDITIONS 2.-DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT,CLAIM ,SUIT by adding the following: OR LOSS –OF SECTION IV – BUSINESS AUTO CONDITIONS,in the same manner as the Named Insured. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 2 of 5of ISO Properties,Inc.,with its permission.) 5 PHYSICAL DAMAGE -ADDITIONALIfan"employee’s"personal insurance also . TEMPORARY TRANSPORTATION EXPENSE applies on an excess basis to a covered "auto" COVERAGEhiredorrentedbyyour"employee"on your behalf and at your direction,this insurance will Paragraph A.4.a.of SECTION III -PHYSICAL be primary to the "employee’s"personal DAMAGE COVERAGE is amended to provide a insurance.limit of $50 per day and a maximum limit of 3.AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. 6.LOAN/LEASE GAP COVERAGEEXCLUSION5.-FELLOW EMPLOYEE -of SECTION II -LIABILITY COVERAGE does not Under SECTION III -PHYSICAL DAMAGE apply if you have workers'compensation COVERAGE,in the event of a total "loss"to a insurance in-force covering all of your covered "auto",we will pay your additional legal "employees".obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto"at the time of the "loss" insurance.and the "outstanding balance"of the loan/lease. 4.HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance"means the amount you owe on the loan/lease at the time of "loss"less If hired "autos"are covered "autos"for Liability any amounts representing taxes;overdueCoverageandifComprehensive,Specified payments;penalties,interest or chargesCausesofLoss,or Collision coverages are resulting from overdue payments;additionalprovidedunderthisCoverageFormforany mileage charges;excess wear and tear charges;"auto"you own,then the Physical Damage lease termination fees;security deposits not Coverages provided are extended to "autos" you returned by the lessor;costs for extendedhire or borrow,subject to the following limit. warranties,credit life Insurance,health,accidentThemostwewillpayfor"loss"to any hired or disability insurance purchased with the loan or "auto"is:lease;and carry-over balances from previous (1)$100,000;loans or leases. (2)The actual cash value of the damaged or 7.AIRBAG COVERAGE stolen property at the time of the "loss"; or Under Paragraph B.EXCLUSIONS -of (3)The cost of repairing or replacing the SECTION III -PHYSICAL DAMAGE damaged or stolen property,COVERAGE, the following is added: whichever is smallest,minus a deductible.The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto"for that airbag. coverage. No deductible applies to "loss"caused 8.ELECTRONIC EQUIPMENT -BROADENEDby fire or lightning. Hired Auto Physical Damage COVERAGEcoverageisexcessoveranyothercollectible a.The exceptions to Paragraphs B.4 -insurance.Subject to the above limit,deductible EXCLUSIONS -of SECTION III -PHYSICAL and excess provisions,we will provide coverage DAMAGE COVERAGE are replaced by the equal to the broadest coverage applicable to any following:covered "auto"you own. 4.c.4.d.Exclusions and do not apply to We will also cover loss of use of the hired "auto" equipment designed to be operated solelyifitresultsfroman"accident",you are legally by use of the power from the "auto's"liable and the lessor incurs an actual financial electrical system that,at the time of "loss", loss,subject to a maximum of $1000 per is:"accident". (1)Permanently installed in or upon This extension of coverage does not apply to the covered "auto";any "auto"you hire or borrow from any of your "employees",partners (if you are a partnership),(2)Removable from a housing unit members (if you are a limited liability company),which is permanently installed in or members of their households.or upon the covered "auto"; (3)An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2)above;or © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 3 of 5of ISO Properties,Inc.,with its permission.) (4)Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto"or Inc.company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system.the same "accident", the following applies: b.Section III –Version CA 00 01 03 10 of the (1)If the deductible under this Business Auto Business Auto Coverage Form,Physical Coverage Form is the smaller (or smallest) Damage Coverage,Limit of Insurance,deductible,it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2)If the deductible under this Business Auto the Business Auto Coverage Form,Physical Coverage Form is not the smaller (or Damage Coverage,Limit of Insurance, smallest)deductible,it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following:deductible. $1,500 is the most we will pay for "loss"in 12.AMENDED DUTIES IN THE EVENT OF any one "accident"to all electronic ACCIDENT, CLAIM,SUIT OR LOSS equipment (other than equipment designed The requirement in LOSS CONDITIONS 2.a.-solely for the reproduction of sound,and DUTIES IN THE EVENT O F ACCIDENT,CLAIM,accessories used with such equipment)SUIT OR LOSS -of SECTION IV -BUSINESSthatreproduces,receives or transmits AUTO CONDITIONS that you must notify us of audio,visual or data signals which,at the an "accident"applies only when the "accident" istime of "loss", is:known to: (1)Permanently installed in or upon (1)You, if you are an individual;the covered "auto"in a housing, (2)A partner, if you are a partnership;opening or other location that is not normally used by the "auto"(3)A member,if you are a limited liability manufacturer for the installation of company;or such equipment; (4)An executive officer or insurance manager, if (2)Removable from a permanently you are a corporation. installed housing unit as described 13.UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a.above or is an HAZARDSintegral part of that equipment; or If you unintentionally fail to disclose any hazards(3)An integral part of such equipment.existing at the inception date of your policy,we c.For each covered "auto",should loss be limited will not deny coverage under this Coverage to electronic equipment only,our obligation to Form because of such failure. pay for,repair,return or replace damaged or 14.HIRED AUTO -COVERAGE TERRITORYstolenelectronicequipmentwillbereducedby Paragraph e.of GENERAL CONDITIONS 7.-the applicable deductible shown in the POLICY PERIOD,COVERAGE TERRITORY -Declarations,or $250,whichever deductible is of SECTION IV -BUSINESS AUTO less. CONDITIONS is replaced by the following:9.EXTRA EXPENSE -BROADENED e.For short-term hired "autos",the coverageCOVERAGE territory with respect to Liability Coverage isUnderParagraphA.- COVERAGE -of SECTION anywhere in the world provided that if theIII-PHYSICAL DAMAGE COVERAGE,we will "insured's"responsibility to pay damages for pay for the expense of returning a stolen covered "bodily injury"or "property damage"is "auto"to you.determined in a "suit," the "suit" is brought in 10.GLASS REPAIR -WAIVER OF DEDUCTIBLE the United States of America,the territories and possessions of the United States ofUnderParagraphD.-DEDUCTIBLE -of SECTION America,Puerto Rico or Canada or in a III -PHYSICAL DAMAGE COVERAGE,the settlement we agree to.following is added: 15.WAIVER OF SUBROGATIONNodeductibleappliestoglassdamageifthe glass is repaired rather than replaced.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -of SECTION IV -11.TWO OR MORE DEDUCTIBLES BUSINESS AUTO CONDITIONS is amended byUnderParagraphD.-DEDUCTIBLE -of SECTION adding the following:III -PHYSICAL DAMAGE COVERAGE,the following is added: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 4 of 5of ISO Properties,Inc.,with its permission.) We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss,the most we will pay under this you have a written contract that requires such Hybrid,Electric,or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form."loss"is $10,000. 16.RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury"in SECTION V-a.A "non-hybrid"auto is defined as an auto that DEFINITIONS is replaced by the following:uses only an internal combustion engine to move the auto but does not include autos"Bodily injury"means bodily injury,sickness or powered solely by electricity or natural gas.disease sustained by any person,including mental anguish or death resulting from any of b.A "hybrid"auto is defined as an auto with an these.internal combustion engine and one or more electric motors;and that uses the internal17.EXTENDED CANCELLATION CONDITION combustion engine and one or more electric Paragraph 2.of the COMMON POLICY motors to move the auto,or the internal CONDITIONS -CANCELLATION -applies combustion engine to charge one or more except as follows:electric motors, which move the auto. If we cancel for any reason other than 19.VEHICLE WRAP COVERAGEnonpaymentofpremium,we will mail or deliver In the event of a total loss to an "auto"for whichtothefirstNamedInsuredwrittennoticeof Comprehensive,Specified Causes of Loss,orcancellationatleast60daysbeforetheeffective Collision coverages are provided under thisdate of cancellation. Coverage Form,then such Physical Damage18.HYBRID,ELECTRIC,OR NATURAL GAS Coverages are amended to add the following:VEHICLE PAYMENT COVERAGE In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid"auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive,Specified Causes of which are displayed on the covered "auto"at theLoss,or Collision coverages are provided under time of total loss.Regardless of the number ofthisCoverageForm,then such Physical autos deemed a total loss,the most we will pay Damage Coverages are amended as follows:under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid"auto or any one "loss"is $5,000.For purposes of this an auto powered solely by electricity or natural coverage provision,signs or other graphics gas,we will pay an additional 10%,to a painted or magnetically affixed to the vehicle are maximum of $2,500,of the "non-hybrid"auto’s not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 5 of 5of ISO Properties,Inc.,with its permission.) HMH First Amendment - Civil Engineering Services for CIP Final Audit Report 2020-06-22 Created:2020-06-15 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA2kCR02G8N-SuvR2bD3md0MN0V0OqWKsy "HMH First Amendment - Civil Engineering Services for CIP" His tory Document created by Julia Kinst (juliak@cupertino.org) 2020-06-15 - 6:57:33 PM GMT- IP address: 64.178.242.15 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2020-06-15 - 6:57:44 PM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2020-06-15 - 6:57:54 PM GMT - Time Source: server- IP address: 64.178.242.15 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-06-15 - 6:57:56 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-06-16 - 6:41:45 PM GMT - Time Source: server- IP address: 24.23.184.82 Document emailed to Jon Cacciotti (jcacciotti@hmhca.com) for signature 2020-06-16 - 6:41:47 PM GMT Email viewed by Jon Cacciotti (jcacciotti@hmhca.com) 2020-06-18 - 8:26:02 PM GMT- IP address: 73.231.146.13 Document e-signed by Jon Cacciotti (jcacciotti@hmhca.com) Signature Date: 2020-06-18 - 9:22:55 PM GMT - Time Source: server- IP address: 73.231.146.13 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-06-18 - 9:22:57 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-06-20 - 10:57:05 PM GMT- IP address: 45.41.142.8 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-06-20 - 10:58:09 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Deborah L. Feng (debf@cupertino.org) for signature 2020-06-20 - 10:58:11 PM GMT Email viewed by Deborah L. Feng (debf@cupertino.org) 2020-06-22 - 4:51:59 AM GMT- IP address: 104.47.46.254 Document e-signed by Deborah L. Feng (debf@cupertino.org) Signature Date: 2020-06-22 - 4:52:20 AM GMT - Time Source: server- IP address: 24.6.12.22 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2020-06-22 - 4:52:22 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2020-06-22 - 3:36:27 PM GMT- IP address: 104.47.45.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2020-06-22 - 3:36:41 PM GMT - Time Source: server- IP address: 148.64.105.190 Signed document emailed to Deborah L. Feng (debf@cupertino.org), Jon Cacciotti (jcacciotti@hmhca.com), Kirsten Squarcia (kirstens@cupertino.org), Araceli Alejandre (aracelia@cupertino.org), and 3 more 2020-06-22 - 3:36:41 PM GMT CITY OF a CUPERTINO 1. DESIGN PROFESSIONAL SERVICES AGREEMENT (MASTER) WITH HMH ENGINEERS, INC. PARTIES This Master Agreement is made and entered into as of Mo..vc-h 21. I "'}A}t l ("Effective Date"), by and between the City of Cupe1tino , a municipal corporation ("City"), and HMH Engineers, Inc. ("Consultant") a corporation for Civil Engineering and Surveying Services for Publically Bid and Built Projects ("Project"). 2. SERVICES 2.1 Scope of Services. Consultant agrees to provide the Services "as needed" and as set fo1th in the Scope of Services, attached and incorporated here as Exhibit A. The Services must comply with this Agreement and with each Service Order issued under the autho1ity of the City Director of Public Works or his designee , in accordance with the following procedur~s. 2.2 Service Orders. Before issuing a Service Order the City Director/Designee will request Services in writing and hold a meeting with Consultant to discuss it. Consultant will submit a w1itten proposal that includes a specific Scope of Services, Schedule of Perfonnance and Compensation, which the Patties will discuss . Thereafter City Director/Designee will execute a Service Order using the Service Order F01m attached and incorporated here as Exhibit B. Each Service Order wi ll specify its scope of services, deliverables, schedule of perfo1mance, compensation and any other applicable te1ms . Issuance of a Purchase Order is discretionary and the Director/Desig nee may streamline these procedures , e.g., conferring by telephone instead of a meeting , if it is in the City's best interests. Consultant will not be compensated for Services performed without a duly executed Service Order. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on June 30, 2020 ("Contract Time"), unless terminated earlier as provided herein. 3.2 Schedule of Performance. All Services must be provided within the times specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time . Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Patties adequate oppo1tunity to address or mitig ate delays. If the Services are divided by tasks , Consultant must begi n work on each separate task upon receiving City's Notice to Proceed ("NTO"), and must complete each task within the time specified in each Service Order. 3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Consultant must have sufficient time, reso urces and qualified staff to deliver the A1aster D es ig n Profess ional Agreem.ent with HMH Engineering, In c. I R e v. D ec. 2017 Page 1 of 10 Services on time. Consultant must respond promptly to the City's Service Orders and any change orders that may be issued . 4. COMPENSATION 4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $ 1,000,000.00 ("Contract Price"), based on the budget and rates set forth in Exhibit C, Compensation, attached and incorporated here . The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. 4.2 Invoices and Payments. City will pay Consultant 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, each invoice must include for each day of Services: a. The name of each individual providing Services; b. A succinct summary of the Services perfo1med by each such individual; c. The time spent by each individual providing those Services; d. The applicable hourly billing rate and payment due; and e. A detailed breakdown of all allowable expenses. All hourly rates and allowable expenses must confom1 to City-approved rates set forth in Exhibit C. 4.3 Final Payment. At least 30 days p1ior to end of the Agreement, Consultant must submit a requisition for final and complete payment of costs and any pending claims for City approval. Noncompliance with this requirement relieves City of fmther payments/obligations under the Agreement. 5. INDEPENDENT CONSULTANT 5.1 Status. Consultant is an independent Consultant and not an employee, pa1tner, or joint venture of City. Consultant is solely responsible for the means and methods of perfonning the Services and for -----the-perscms-hired-to-w-ork-underthis--A-greement:-No-civit-sewrce-status-0T1Jthentghtof empl=o~ym-e=n ~----- will be acquired by vi1tue of Consultant's performance of the Services . Consultant is not entitled to health, worker's compensation or other benefits from City. 5.2 Consultant Qualifications. Consultant warrants on behalf of itself and its Subconsultants that they have the qualifications and skills to perf01m the Services in a competent and professional manner and according to the highest standards and best industry practices for similar services perfonned in the San Francisco Bay Area. 53 Permits and Licenses. Consultant wanants on behalf of itself and its Subconsultants that they are properly licensed, registered, and/or certified to perfonn the Services as required by law and that they have procured a City Business License . Maste r D es ig n Profess ional Agreement with HMH Engineerin g , In c. I R ev. Dec. 2 017 Page 2 of 10 5.4 Subconsultants. Unless prior written approval from City is obtained, only Consultant's employees and Subconsultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all Subconsultants to furnish proof of insurance for workers' compensation, commercial liability, auto, and professional liability in re aso nable confo1mity to the insurance required of Consultant. The terms and conditions of this Agreement shall be binding on all Subconsultants relative to the portion of their work. 5.5 Tools, Materials and Equipment. Consultant will supply and shall be responsible for all the tools , materials and equipment required to perform the Services. 5.6 Payment of Taxes. Consultant must pay income taxes on the money earned under this Agreement. Upon City 's request, Consultant will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement. 5.7 Errors and Omissions. Consultant is solely responsible for its enors and omissions and those of its Subconsultants, and must take prompt measures to avoid, mitigate, and conect them at its sole expense . 6. PROPRIETARY/CONFIDENTIAL INFORMATION During the Contract Time Consultant may have access to private or confidential info1mation owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third pa1iies may be damaging to City. Consultant shall hold in confidence all City info1mation and use it only to perfo1m this Agreement. Consultant shall exercise the same standard of care to protect City info1mation as a reasonably prndent Consultant would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Subject to City meeting its payment obligations for the Services , any interest (including copyright interests) of Consultant or its Subconsultants in any product, memoranda, study, repo1i, map, plan, drawing, specification, data, record, document or other info1mation or work, in any medium (collectively, "Work Product"), prepared by Consultant in connection with this Agreement will be the exclusive prope1iy of the City and shall not be shown to any third-paiiy without prior written ipprovat 7.2 Copyright. To the extent pe1mitted by Title 17 of U.S. Code, all Work Product prepared/created by Consultant and its Subconsultants and all copyrights in such Work Product shall constitute City prope1iy . If it is dete1mined under federal law that the Work Product is not "works for hire ", Consultant and Subconsultants hereby assign to City all copyrights to the Work Product when and as created. Consultant may retain copyrights to its standard details, but hereby grants City a perpetual , non-exclusive license to use such details. 7.3 Patents and Licenses. Consultant must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented , trademarked, or copyrighted intellectual prope1iy if incorporated into the Services or Work Product of this Agreement. Ma ster D es ig n Profess ional Agreemen t with HMH Eng in eering, In c. I R ev. D ec. 2017 Page 3 of 10 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights , City may use or modify the Work Product of Consultant and Subconsultants to ex ecute or implement any of the following , but Consultant shall not be responsible or li abl e for City 's re-use of Work Product: (a) For work related to the original Services for which Consultant was hired ; (b) To complete the original Services with City p ersonnel , ag ents or other Consultants; (c) To make subsequent additions to the 01iginal Services ; and/or (d) For other City projects . 7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverables required under this Agreement, which shall be provided to City on recycled paper and copied on both sides , except for one single-sided original. Large-s c ale architectural plans and similar items must be in CAD and PDF fornrnts , and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats . 8. RECORDS 8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the Services and Compensation, in accordance with generally accepted accounting principles and procedures. The records must include detailed info1mation about Consultant 's perfo1mance , benchmarks and deliverables. The r ecords and suppo11ing documents must be kept separate from other files and maintained for a period of four years from the date of City's final payment. 8.2 City will have free and full access to Consultant's books and records for 1:eview and audit, to make transcripts or copies , and to conduct a preliminary examination of all the work, data, documents , proceedings , and activities related to this Agreement. If a supplemental examination or audit of Consultant's records discloses non-compliance with appropriate internal financial controls, a contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the supplemental examination. This Section survives the expiration/termination of this Agreement. 9. ASSIGNMENT Consultant shall 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 -------1rr.-du-su--witl-b-e-nutl-an-d---voict-1m y -clTarrge-s-rehrred1:u-thefin anc ial contro1 or business nafiireofConsut=ta~n=t -----~ as a legal entity will be considered an Assignment subject to City approval , which shall not be umeasonably withheld . For pmposes of this provision, control means 50 % or more of the voting power of the business entity. This Agreement binds Consultant, its heirs , succes sors and assignees . 10. PUBLICITY/ SIGNS Any publicity generated by Consultant in connection with the Project and Services during the Contract Time and for one year thereafter will referenc e City contributions in making the Project possible . The words "City of Cup e11ino " shall be displayed in all pi eces of publicity, including flyers , press releases , po sters, brochures , public service announcements, interv iews and new spaper a11icl es. No signs may b e po sted , exhibit ed or displayed on or about City property, ex cept signag e required by law or this Agreement without prior written approval from City. Maste r D es ig n P rofess ional Agreem ent wit h HMH Engineerin g, In c. I R ev. D ec. 2 01 7 P age 5 of 10 11. INDEMNIFICATION 11.1 To the fullest extent allowed b y law and except for lo sse s caused by the sol e or acti ve negligence or willful misconduct of City personnel , Consultant agrees to indemnify, defend , and hold harmless the City, its City Council , boards and commissions , officers , officials , employee s, agents , servants, volunteers and consultants (collectively, "Indemnitees"), as follows: a. Indemnity Obligations Subject to Civil Code Section 2782 .8. With respect to the Services perfo1me d in connection with the Agreement, Consultant shall indemnify, defend, and hold hannless Indemnitees from and against any and all liability, claims , actions, causes of action, demands or charges whatsoever against any Indemnitee, including any injury to or death of any person or damage to prop erty or other liability of any nature ( collectively, "Liability"), to the extent that Liability arises out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, officials , employees, 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. 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 Involving Intellectual Property. Consultant shall indemnify, defend , and hold hannless Indemnitees from and against any claim involving intellectual property, infringement or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietaiy or intellectual property rights , which arises out of, pe1tains to , or relates to Consultant's negligence, recklessness, or willful misconduct. Such costs and expenses will include reasonable attorney fees for legal counsel of City's choice, expe11 fees and all other costs and fees oflitigation. c. Claims for Other Liability. For all other liabilities not included in provisions "a " and "b " above , Consultant shall indemnify, defend, and hold hannless the Indemnitees against any and all liability, claims, actions , causes of action or demands whatsoever, including any injury to or death of any person or damage to prope1ty, or other liability of any nature arising out of, pe1taining to, or relating to the perfonnance of this Agreement by Design Professional , its employees, officers, officials , agents or Subconsultants, including liability based on breach of contract, obligations, or watTanties , or any unauthorized use or disclosure of City's confidential and proprietaiy infonnation. 11.2 Consultant 's duties herein are not limited to or subject to th e Contract Price, to Workers ' Compensation claims , or to the Insurance or Bond limits and provisions. Nothing in this Agreement shall be constrned to give rise to an implied right of indemnity in fa v or of Consultant against any Indemnitee. 11.3 If this Agre ement is entered into or amended on or after January I , 2018 , Consultant's duty to pay for any of Indemnitees ' defens e related co sts will be limited to its propo1tionate share of fault , as dete1mined by final decision by a comt of competent jurisdiction, subject to any applicable exceptions in Civil Code section 2782.8 . Master D es ign Prof ess ional Agreement wi th HMH Engineering, In c . I R ev. D ec. 2 01 7 Page 6 of 10 11.4 Section 11 survives expiration or termination of this A greement. 12. INSURANCE On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with City Insurance Requirements , attached and incorporated here as Exhibit D. City will not execute the Agreement until it has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations cov ered , and the effective and expiration date s of coverage. Alternatively, City may te1minate this Agreement or in its sole discretion purchase insurance at Consultant's expense and deduct costs from payments to Consultant. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Consultant shall comply with all local, state and federal laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant's ability to perfo1m . Consultant is responsible for verifying the employment authorization of employees perfom1ing the Services , as required by the ln1rnigration Refo1m and Control Act, or other federal or state law, rnle or regulation . 132 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the Services include a "public works" component, Consultant must comply with prevailing wage laws under Labor Code Section 1720 and other labor laws . To the extent applicable, Consultant must comply with City 's Labor Compliance Program, and with state labor laws pe1taining to working days , ove1time , payroll records and DIR Registration and Oversight. If the Contract Price is $30,000 or more, Consultant must comply with the apprenticeship requirement in Labor Code Section 1777.5. 133 Discrimination Laws. Consultant shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap , disability, marital status, pregnancy, age , sex , gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Consultant shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735 , 1777 and 3077 .5 . Consistent with City policy prohibiting harassment and discrimination, Consultant understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. 13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of interest. Consultant wairnnts that no public official , employee, or member of a City board or commission who might have been involved in the making of this A greement, has or will receive a direct or indirect financial interest in this Agreement , in viol ation of California Governm ent Code Sec tion l 090 et seq. Consultant may be required to file a Master Des ig n P rofess ional Agreem ent wit h HMH Eng in eering, Inc. I R ev. D ec. 2 0 17 Page 6 of 10 conflict of interest form if Consultant makes certain goverru11ental decisions or serves in a staff capacity, as provided in Section 18700 of the California Code of Regulations and other laws . Services may only be perfo1med by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees . 13.6 Remedies. A violation of this Section constitutes a material breach and may result in City suspending payments, requiring reimbursement, or tenninating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss , liability, and expenses arising from noncompliance with this Section. 14. PROJECT COORDINATION 14.1 City Project Manager. The City's Project Manager for all purposes under this Agreement will be John Raaymakers, who shall have t~e authority to manage this Agreement and oversee the progress and perfo1111ance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative. 142 Consultant Project Manager. Subject to City approval, the Consultant's Project Manager for all purposes under this Agreement will be Jon Cacciotti, who shall be the single representative for Consultant with the authority to manage compliance with this Agreement and oversee the progress and performance of the Services. This includes responsibility for coordinating and scheduling the Services in accordance with City instructions, service orders, and the Schedule of Performance , and providing regular updates to the City's Project Manager on the Project status, progress , and any delays. City written approval is required prior to Consultant substituting a new Project Manager, which shall result in no additional costs to City or Project delays . 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project with thi11y (30) calendar days ' written notice to Consultant. Consultant will be compensated for satisfactory Services perfo1med through the date of abandorunent and will be given reasonable time to assemble the work and close out the Services . No close out work shall be conducted without City reasonable approval of closure costs , which may not exceed ten percent -----,+e%}-of-tlre-totat-time-experrded---to--the-date-ohrbandment7\ihhm ges inclm:ltngjob closure cost=s -----~ will be paid in accordance with the provisions of this Agreement and within thirty (30) days of Consultant's final invoice reasonably approved by the City. 16. TERMINATION City may tenninate this Agreement for cause or without cause at any time, following reasonable written notice to Consultant at least thi11y (30) calendar days prior to the te1mination date . Consultant will be paid for satisfactory Services rendered through the date of te1mination , but final payment will not be made until Consultant closes out the Services and delivers all Work Product to City. All charges approved by City including job closure costs will be paid within 30 days of Consultant 's final invoice. Ma ster D es ig n Profess ional Agreement with HMH Eng in eerin g , In c. I R ev. Dec. 2017 Page 7 of 10 17. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California, excepting any choice of law rnles which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Consultant must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEYFEES If City files a complaint or cross-complaint, or pursues arbitration, appeal , or other proceeding to enforce its 1ights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This attorney fee provision does not apply to legal actions initiated by Consultant or Subconsultant. This Section S)lrvives te1mination of this Agreement. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of any breach shall not be deemed to constitute waiver of another term, provision, covenant or condition, or a subsequent breach, whether of the same or a different character. 21. ENTIRE AGREEMENT This Agreement and all its Sections represent the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreements and understandings, either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Paity's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments-cYn~xhibitrtlreretu-;---rh-e-rexnrr~the main Agreementshatl prevail. 22. INSERTED PROVISIONS Each contractual provision or clause that may be required by law is deemed to be included and will be inferred in this Agreement. Either party may request an amendment to cure any mistaken inse1tion or omission of a required provision. 23. 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 te1ms or provisions of this Agreement. Master D es ign Profess ional Agreement with HMH Engineerin g, In c. I R ev. Dec. 2017 Page 8 of 10 24. SEVERABILITY /PARTIAL INVALIDITY If any tem1 or provision of this Agreement, or their application to a particular situation, is found by the comt to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such rnling. All other terms and provis ions of this Agreement or their application to specific situations shall remain in full force and effect. 25. SURVIVAL All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below , which will be considered effective on the date of personal delivery or the date confinned by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail , postage prepaid, registered or ce1tified, or the next business day following electronic submission: To City of Cupe1tino 10300 Tone Ave. Cupe1tino CA 95014 Attention: John Raaymakers Email: JohnR@ cupe1tino.org 27. VALIDITY OF CONTRACT To Consultant: HMH Engineers, Inc 1570 Oakland Road San Jose, CA 95131 Attention: William J. Wagner Email: bwagner@ hmhca.com This Agreement is valid and enforceable only if it complies with the contract provisions of Cupe1tino Municipal Code Chapters 3.22 and 3.23, is signed by the City Manager or authorized designee , and is -----,apprevee--f01o._f',01ffl-by--the-Gity-AH0mey.:s-ef-fieP--------------------------- 2s. EXECUTION The person executing this Agreement on behalf of Consultant represents and waiTants that Consultant has full right, power, and authority to enter into and cany 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 Consultant. This Agreement may be executed in counterpaits, each one of which is deemed an original and all of which, taken together, constitute a single binding instrnment. Master D esign Profess ional Agreement with HMH Engin eerin g, In c. I R ev. Dec. 2017 Page 9 of 10 IN WITNESS WHEREOF, the pai1ies have caused the Agreement to be executed. CONSULTANT HMH Engineer, Inc. By----".lfl/t/-"'---\=r--~-+-....,_--~ Nan .,---e~~~~~-~~- Title V \21 t---t) ?~ L. Date '5/1.A,JJ b f l- Tax I.D. No.: ______ _ CITY OF CUPERTINO A Municipal Corporation ByZ:><""""',___ ~ Name: David Brandt Title : City Manager Date 2, ('2 7 /1 ~ I , ATTEST.: ~ -Ji: ~a , GRACScHMIDT 0(-"' -f v City Clerk ( 0 Contract Amount: $1,000,000 Encumber by Service Order Contract No.: ;r(rl i ,,,0()"5" Ma ster D es ig n Profess ional Agreem ent with HMH En g in eering, In c. I R ev. D ec. 2017 Pag e 10 of 10 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 Direc tor of Public Works or authorized Agent as defined in Section 2 .2, Service Orders and (2) as defined in a fully executed Service Order. Section 1-General Provisions A. Design Professional shall perform all services to th e satisfaction 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 Profess ionals 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 b e 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 detaile d 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 d esignate d Project Manager. HMH Engineers, Inc. -2018 Exhibit A Master Agreement for Civi l Engin ee ring Serv ices PAGE 1 OF 13 Section 2 . . Basic Services As authorized by a fully executed Service Order, Design Professional shall provide Civil Engineering services for various City Public Works Proj ec ts in accordance with the following: 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 te am 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 . · D esign Professional shall effectively manage and administer the Project for the efficient, progressive, and proactive delivery of the Project. 3. D esign Professional shall b e responsible for managing and coordinating the work of all sub-Design Professionals and subcontractors. 4 . Design Profess ional shall consult and coordinate with the City and communicate with m embers of the Project team. 5. Design Professional shall schedule meetings and pre pare meeting agendas and minutes for all Project meetings. All minutes of mee tings 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 direc te d by City . 6. D esign Profess ional shall communicate weekly with City's assigned Project Manager to provide an update on th e curre nt stah1s of the Proj ect and provide a brief written summary report. B. Specific Performance Requirements For each assigned Project, Design Professional may provi d e any or all of the following tasks and s ubtas k s, as is required for the s p ecific Project: HMH Engin eers, Inc. -2018 Exh ibit A Ma s ter Agreement for C ivil Engin eering Serv ices PAGE 2 OF 13 Task 1.0 Pre-Design Studies 1.01 Project Analysis: For budget programming purposes, analyze a 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. 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. 1.00 Delive rables: (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, or other such data. The D e sign Profe ssional 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. H MH Eng inee rs, Inc. -201 8 Exhibit A Mas te r Agree m ent fo r Civ il En g inee ring Se rvi ces PA GE 3 OF 13 2.02 The De sign Profe s sional shall identify discrepanci e s or shortcomings among the existing data, and identify solutions for resolution, and propose gene ration of additional site information necessary to provide an accurate Project base map. 2.03 The Design Professional shall utilize existing data to the e xtent possible and inform the City imme diately of proble ms 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 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 sur vey monuments and accessible property corners and compute the existing right-of-way based on boundary evidence, record maps and preliminary title reports. Prepare a calculated base map of the existing right-of-way for use in design. 2.06 Base Sheet Preparation: The Design Professional shall compile survey and other data as made available into a base sheet create Project base information iri AutoCAD 2015 for use in subsequent Project design tasks and submit to the City for review and comment. The base information shall utilize topographic survey as furnished by the City or by the Design Professional, according to the agreement. 2.07 Outreach: Design Profe ssional shall conduct outreach with groups as identified by the City to e stablish design program. HMH Eng in ee rs, In c. -201 8 Exhibit A Maste r Agreem ent fo r C ivil Eng in ee rin g Se rvi ces PAGE 4 O F 13 2.08 Conceptual Alternative Development: Design Professional shall prepare three (3) hand drawn, color rendered conceptual solutions for the Project, each which address the primary Project issues and budget. 2.09 Staff Review: Design Professional shall present each concept to the City with analysis for evaluation. The City shall select one concept as the preferred solution and provide the Design Professional with written direction to proceed with that concept. 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 with solutions for resolution 2.04 Summary of Utility Companies Contacted and Actions Taken 2.05 Prepare calculated base map of ex. Right-of-Way 2.06 Scaled Base Map in AutoCad (current version) Format, including Project Area Surface Feahues 2.07 Description of outreach 2 .08 Prepare conceptual alternative 2.09 Presentation of concepts with analysis of each concept and meeting notes Task 3 .0: Preliminary (35%) Design 3 .01 Meetings: The Design Professional shall 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. 3.02 Alternatives Analysis: Provide alternatives to accomplish the Project goals and objectives. Include a comparison of the alternatives that include s, at a minimum achievement of goal(s), construction cost, maintenance implications/costs, energy use, HMH Engineers, Inc. -2018 Exhibit A Mas te r Agreement for Civil En g in ee ring Se rvices PAG E 5 OF 13 construction impacts, and time to construct. Include identification of agencies or jurisdictions that would need to be coordinated for each alternative. 3.03 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 sheets to be provided for this Preliminary Plan submittal may include: • Title/ Index Sheet • Demolition Plans • Improvement Plans • Typical Cross Sections • Preliminary Street Alignment Plans and Profiles • Preliminary Utility Plans • Striping Plans • Planting • Details 3.04 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 Professionals experience with similar local projects and engineer's judgement. HMH Engin eers, lnc. -2018 Exhibit A Ma s ter Agreement for Civil Engin ee ring Services PAGE 6 OF 13 3.0 Deliverables: (all deliverables digital unless otherwise noted) 3.01 Meeting Notes 3.02 Project Alternatives Analysis 3.03 Preliminary Plans 3.04 Preliminary Estimate of Probable Construction Cost Task 4. 0 Construction Document Development 4.01 Meeting: The D esign Professional shall 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 based on comments re ceived for the Preliminary Revi e w. The 65% Plans, Draft Technical Specifications, and 65 % Cost Estimate shall be submitted together. 4.03 65% Plans: Pre pare 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 D e tails • Traffi c Handling and Construction Are a Signs • Signing Striping Plans HMH En g in eers, Inc. -201 8 Ex hibit A M aster Ag reement fo r C i vil Eng inee ring Se rvi ces PAGE 7 OF 13 • Erosion Control Plans 4.04 Draft Technical Specifications: Prepare Draft Technical Specifications and submit them tom the City for review and comment. The Technical Specifications are to reference City or Cal trans Standard Specifications for the various items of work, including measurement and payment provisions. 4.05 65% Cost Estimate: Prepare a 65% Estimate of Probable 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 .0 7 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 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 provisions . 4.09 95% Cost Estimate: Prepare a 95 % Estimate of Probable 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 Profe ssional's expe ri en ce with similar local projects and engineer 's judgment HMH En g inee rs, In c. -201 8 Exhibit A Mas te r Agreem ent for Civil Eng in ee ring Se rvices PAG E 8 OF 13 4.0 Deliverables: (all deliverables digital w1less otherwise noted) 4.01 Meeting Notes 4 .02 65% Construction Documents 4.03 65% Design Plans 4 .04 Draft Technical Specification 4.05 65% Construction Cost Estimate 4.06 95% Construction Documents 4.07 95% Design Plans 4.08 Final Technical Specifications 4.09 95% Construction Cost Estimate Task 5.0 Final (100%) Construction Documents 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 a flash drive . In addition, provide one (1) complete wet signed and stamped sets of Construction Documents and Technical Specifications. The submitted documents shall be in reproducible, hard copy format. City will review th e 100% Construction Documents for confirmation that responses to all previously provided comments are appropriately integrated. Design Professional is to make any changes to the 100% plans that are requested by the City. 5.02 100% Plans: Prepare 100% Design Plans and submit them to the City for review and approval. 5.03 100% Technical Specifications: Update the Final Technical Specifications and submit the 100% Technical Specifications to the City . HMH Engin eers, Inc. -2018 Exh ibit A Master Agreement for Civi l Engin ee ring Services PAGE 9 OF 13 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) 5.01 100 % Construction Document 5.02 100 % Plans (digital+ one stamped, signed, full size record set of plans) 5.03 100% Technical Specifications (digital and one stamped, signed hard copy) in Word and one (1) bound 8-1/2 X 11 set 5.04 100% Cost Estimate ( digital) Task 6.0: Bid and Award Support 6.01 Bid Period Assistance: Design Professional shall provide the following bid phase services, at the City's request, through award of the construction contract: a. Attend the general contractor's 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 substih1tion submittals during the Bid phase. d. Assist in the evaluation of bids as requested by the City . 6.02 Addenda Preparation: As requested by the 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: Design Professional shall 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 by the City Council. HMH Engineers, Inc. -2018 Exhi bit A Master Agreement for Civ il Engineering Serv ices PA GE 10 OF 13 a. The D esign Professional shall prov ide one (1) comple te wet s igne d, stamped Conform Sets of Construction Documents and Technical Specifications that includes the 100 % Construction Docume nts Package and all bid addenda. The submitted docume nts shall b e in reproducible, hard copy format. b. The D esign Professional shall provi de one (1) complete electronic format Conform Set Construction Docume nts and Technical Specifications in both native fil e formats (AutoCAD, MS Word) and pdf on a City compatible a fla sh drive. 6.0 Deliverables: (all d e liverables dig ital unless otherwise noted) 6.0lb Written response to Bidders' questions 6.0lc Writte n evaluation of substitution submittals 6.02 Proj e ct Addenda 6.03 C onformed Project Documents Task 7.0: Construction Administration D esign Profession a l's responsibility to provide the Construction Administration Services commences with the construction contract award and e nds with submission of the final Proj ec t Punch Li st. D esign Professional shall advise the City, in writin g, of a n y construction ite m s that are not in conformance with the Contract Documents. Design Professional shall have reasonable access t o the construction of the Project wherever it is in preparation or progress as appropriat e to meet its obligations under thi s Agreement. Duties, responsibilities and limitations of authority of D esign Professional under thi s Task sh a ll n o t b e res h·icte d, modifie d or ex tend ed exce pt by advance, written agreement b etween City an d Design Professional. 7.01 Submittal Review: Th e Design Professional sh a ll review and app rove or reject th e Contractor's s ubmittals within five (5) working days of receipt. Th e D esign Professional HMH En g ineers, Inc. -2018 Ex hibit A Master Agreement for Civil Engineering Serv ices PAGE 11 OF 13 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: The Design Professional shall review Contractor's Requests for Information and provide a written r esponse to the Design Professional with a copy to the City, within five (5) working days of receipt. The Design Professional's response shall provide, with advance City approval, supplemental drawings and/or specifications necessary to clarify the RPI. The Design Professional shall maintain a detailed record of all RPI' s and responses supplied to the Contractor. 7.03 Change Orders: D esign Professional shall review and advise the City on requests by the City or Contractor for changes in the construction of the Project. The D es ign Professional shall review City prepared Contract Change Orders and, where necessary, prepares 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 Construction Meetings: Attend up to two (2) site meetings in the Construction phase and provide meeting minutes to the City within two (2) business days. 7.05 Record Drawings: Design Professional shall revise the conh"act plans to include all change orders, RPI responses and field changes to re flect achial conditions. Utilizing the contractor's red-line mark-up plan set the Design Professional shall transfer these changes to the record drawings . 7.0 Deliverables (all deliverables shall b e digi tal unless otherwise noted) 7.01 Responses to s ubmittals, submittal log 7.02 Responses to Requests for Information, RFI log HMH Engi n eers, Inc, -2018 Master Agreement for C ivi l Eng inee ring Services PAGE 12 OF 13 Exhibit A 7.03 Review comments for City prepared Change Orders 7.04 Meeting Minutes 7.05 Record Drawings 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. Other Tasks/Services that may be assigned per Project needs: • Plan line sh1dy • Corridor study • Community Outreach Support/Design Visualization • Utility Coordination • Permit Acquisition • Traffic Signal Design • Street Lighting Design • Struchual 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, In c. -201 8 Exhibit A Mas te r Ag reement for Ci vil En g in eering Se rv ices PAGE 13 OF 13 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, Sec tion 2.2 Service Order Development. An exemplar of the Service Order form follows. END OF EXHIBIT HMH Engineers, Inc. -2018 Ex hibit C Master Ag reement for C ivil En g in eering Services PAGE 1 OF 2 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. MASTER AGREEMENT NO.: MA Date: MA Maximum Compensation: MA Term: NTP: MA END DATE: Consultant: Name: Address: Contact: Phone: Project Description: Project Name: [K]Description: (simple project description if appropriate) 0Attachment A : Includes D escri ption of Proje ct, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Departme nt: Public Works Project Manager: Fiscal/Budget Amount Master Agreement Maximum Compensation: $0.00 Total Previously Encumbered to Date: $0.00 Encumbrance this Service Order: $0.00 ------ Total Liquidated Encumbranc.e_:, ____ _..,.$=0~0=0, _______ _ Master Agreement Unencumbered Balance: $0.00 Account No.: Project Manager: Date: APPROVALS Consultant: Date: CIP Manager: Date: Appropriation Certifica ti on: I h ereby ce rtify that a n unex p end ed appropriation is available in the above fund fo r th e above contra c t as es tim a ted and U,at fund are ava il able as of U,i s date of signature. City Finance: City of C uper tino Master Agreement Managem ent An a lys t Date: Pa ge 2 of 2 Service Order No. EXHIBIT C COMPENSATION Capitalized terms which are defined in the Agreement have the same meaning in this Exhibit C. Subject to the provisions and Maximum Compensation provided under Section 4 of the Master Agreement, the City will compensate the Consultant for satisfactory performance of duly authorized Services, base d 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, e quipment 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. Consultant Hourly Rates: Professional & Office Principals -Civil Engineering Civil Engineering Manager Senior Civil Engineer, Engineer, Land Surveyor, or Landscape Architect Project Civil Engineer, Engineer, Land Surveyor $ 210 per hour $ 180 per hour $ 168 p er hour or Landscape Architect $ 156 per hour Engineer, Planner, Surveyor, or Landscape Designer $ 148 per hour Assistant Engineer, Surveyor, Planner, or Landscape Designer $ 134 per hour Junior Engineer, Surveyor, Planner, or Landscape Designer $ 124 per hour ----------=S---=e-=--n=-io-=--1=---· -=-T-=-e-=ch=--=n:..::.::..cic=-ian:..:::..::---=o=r---=D=---1::...:·a=f:.c..te=--=1=---· ----------------"$'"--1=3~6"--12er hour Project Technician $ 126 per hour Technician or Drafter or Graphic Artist $ 118 per hour Assistant Technician $ 108 per hour Junior Technician or Drafter or CADD $ 90 per hour Project Support Staff $ 88 per hour Field Services 2-Man Field Crew 3-Man Field Crew 1-Man Field Crew Senior Field Engineer HMH Engineers, In c. -2018 Ma s ter Agreement for Civi l En gineeri n g Services PAGE 1 OF 2 $ 250 per hour $ 330 per h our $ 174 per hour $ 166 per hour Ex hibit C Reimbursable Expenses: Reimbursable expenses include the cost of items, other than direct labor, specifically required to perform the Services, excluding normal business operating expenses and overhead, which are included in the direct hourly rates set forth above. City will compensate Consultant for such reimbursable expenses only with prior written authorization by the individual designated as the City Project Manager in Section 14.1, Project Coordination, of the Agreement. The City will reimburse the Consultant for allowable reimbursable expenses for the documented achial cost only, with no surcharge or markup for Consultant administration. Reimbursable expenses must be separately identified on the Consultant invoice and documentation of each reimbursable expense must be submitted to the City upon request and maintained as required under Section 8, Records, of the Agreement. Allowed reimbursable expenses includ_e, 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 h·avel 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 service s; • 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 En g ineers, In c. -2018 Exhibit C Mas te r Ag reement for C ivil En g in ee ring Services PA G E 2 OF 2 EXHIBITD /11,s ura11ce R eq uirem e11ts Desig11 Professio11als & Co11sulta11ts Co11tracts Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations , products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Fom1 CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and prope1ty damage. ----1---~3~W0-l'.ke~0-n1JJensati0-1~As-i:equ.in~d-by-the.-£ta-te.-Qf--C a-1-i-fomia-,wi.th-£ta-tutQFY-Li-rn-i-t.s-a-nH-r1-------1----- Employer' s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. D Not required. Consultant has provided written verification of no emp loy ees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant 's profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made fonn: a . The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed , and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance sh all be endorsed and ha ve a ll the following conditions and provisions: Exh. D-In su ran ce Requirem ents.for D es ig n Profess ionals & Co nsultants Co ntra cts Form Updated Feb . 201 8 1 Additional Insured Status The City of Cupertino, its City Council, officers, officials , employees, agents , servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL policy. General Liability coverage can be provided in the fonn of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 (11 / 85) or both CG 20 10 and CG 20 3 7 fonns, if later editions are used). Primary Coverage Coverage afforded to City/ Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers ' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work perfo1med by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/ Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A -VII, or better. Verification of Coverage Consultant must furnish acceptable insurance ce1tificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of ~ -the-CGL-pG-l-iGY--l-istin-g-aU---poli.G-y.-gn(iGi:sgn1~nt.s-pr-io1:.....te-GEITTll-n@nG@n-1e1-1t-ef-t-he-Gen-t-FaGt--;-Git-y-rnt-a-ins-t-he-r-i-g-ht----+---~ to demand verification of compliance at any time duringthe Contract tern1. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained byConsultant. Adequacy of Coverage City reserves the right to modify th ese insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice . Exh. D -In s urance Requirem ents for D es ig n Profess ionals & Consu ltants Contracts Form Updated Feb . 2018 2 Client#: 164 HMHENGIN ACORD, .. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DD /YYYY) 4/02/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY 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. IMPORTANT : If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~R~i~cT Doris A. Chambers Dealey, Renton & Associates r_,t1gNJo Extl: 510 465-3090 I r..e~. Nol : 510 452-2193 P. 0. Box 12675 itD'i{~ss : dchambers@dealeyrenton.com Oakland , CA 94604-2675 INSURER(S) AFFORDING COVERAGE NAI C # 510 465-3090 -David C. Eckman INSURER A: Travelers Property Casualty Co 25674 INSURED INSURER B : American Automobile Ins. Co. 21849 HMH Engineers 1NsURER c : XL Specialty Insurance Co . 37885 1570 Oakland Road INSURER D : Trumbull Insurance Company 27120 San Jose, CA 95131 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THI S IS TO CERTIFY TH AT THE PO LI CIE S OF IN SUR ANC E LI STED BEL OW HAV E BE EN ISS UED TO THE IN SURED NAM ED ABOV E FOR THE PO LI CY PE RIOD INDI CATED . NOTWITH STAN DIN G ANY REQ UIR EME NT , TERM OR CON DITI ON OF ANY CON TRAC T OR OTHER DOCUM ENT WITH RES PE CT TO WHI CH THIS CER TI FI CATE MAY BE ISS UED OR MAY PE RTAIN , THE INSUR ANCE AFFO RD ED BY THE PO LI CIE S DE SCR IBED HE REIN IS SUB JECT TO ALL THE TERMS , EXC LU SIONS AND CO NDI TI ONS OF SUCH PO LI CIE S. LI MIT S SHOWN MAY HAVE BEEN REDU CED BY PA ID CLAIMS . INSR TYPE OF INSURANCE ADDL SUBR POLIC Y EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER {MM /DD /YYYYJ I {MM /DD /YYYY J A X COMMERCIAL GENERAL LIABILITY X X 6809H276384 P3/29/2018 03/29/2019 EACH OCCURRENCE s 1 000 000 -~ CLAIMS-MADE ~ OCCUR DAMAGE TO RENTED PREMI SES {Ea occurrence] s 1,000 000 X Contractual Liab. MED EXP (Any one person) s 10,000 PERSONAL & ADV INJURY s 1,000,000 >--- GEN'L AGGREGATE LI MIT APP LI ES PER: GENERAL AGGREGATE s 2 ,000,000 Fl ~PRO-D LOC s 2,000,000 PO LI CY JECT PRODUC TS -COMP/OP AGG OTHER: s D AUTOMO BILE LIA BILITY X X 57UEGAT0879 03/29/2018 03/29/2019 COMB INED SING LE LI MIT s 1 ,000,000 <Ea accidenn - X ANYAUTO BOD IL Y INJURY (Per person) s --ALL OWNED SCHEDU LED BODILY INJURY (Per accident) S -AUTOS -AUTOS X X NON-OWNED PROPERTY DAMAGE s HIRED AU TOS AUTOS /Per acciden ll -- s A X UMBRELLA LIAB ~ OCCUR X X CUP8673Y778 p312912018 03/29/2019 EACH OCCURRENCE S5 000 000 >---EXCESS LIAB CLA IMS-MADE AGGREGATE S5 000 000 DED I I RETE NTI ON s s B WORKERS COMPENSATION X WZP81041695 09/01/2017 09/01/2018 X 1~¥fnm I l~JH-AND EMPLOYERS' LIABILITY Y/N ANY PROPR IETOR/PA RTNE R/EXECUTIVE [m E.L. EAC H ACC IDEN T s 1 000 000 OFF ICER/ME MBER EXC LUDE D? N N/A (M and atory in NH) E.L. DI SEASE -EA EMP LOYEE s1 ,000 000 ---lr-yes.-deseribe-under s1 ,000,000 DESCRIPTI ON OF OP ERA TI ONS be low E.L. DISEASE -PO LI CY LI MIT C Professional Liab X DPR9923347 P3/29/2018 03/29/2019 $2,000,000 per Claim & Contractor's $4,000,000 Anni Aggr. Pollution Liab. DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101 , Additional Remar ks Schedul e, may bo att ac hed if more sp ace is re qu ire d) REF: ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers. The Excess Umbrella Liability is Following Form to the General Liability, Automobile Liability and Employers' Liability policies. Commercial General Liability is primary and non-contributory and includes severability of interests per policy form . Waiver of Subrogation applies to Commercial General Liability, (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NO TICE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino, CA 95014-0000 AUTHORIZED REPRESENTATIVE I .;( t --~--.\. r' ~ f.~ ___ ........ © 1988-2014 ACORD CORPORATION . All rights reserved. ACORD 25 (2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD #S2293118/M2286743 DAC DESCRIPTIONS (Continued from Page 1) Automobile Liability and Workers Compensation. Professional Liability Retro Date: 01/01/1976. BEST RATINGS: Travelers Property Casualty Co . -A++:XV American Automobile Ins. Co. -A+:XV XL Specialty Insurance Co . -Au:XV Trumbull Insurance Company -A+:XV Cancellation provisions are solely as shown on this certificate . Cancellation: 30 Day/10 Day for Non Payment of Premium. SAGITTA 25.3 (2014/01) 2 of 2 #S2293118/M2286743 COMMERCIAL GENERAL LIABILITY Policy Number: 6809H27 6384 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS its of insurance described in Section Ill -Lim- AN INSURED: its Of Insurance. Any person or organization that you agree in a h. This insurance does not apply to "bodily inju- "written contract requir ing insurance" to include as ry" or "property damage" caused by "your an additional insured on this Coverage Part, but: work" and included in the "products- completed operations hazard" unless the a. Only with respect to liability for "bodily injury", "written contract requiring insurance" specifi- "property damage" or "personal injury"; and cally requires you to provide such coverage b. If, and only to the extent that, the injury or for that additional insured , and then the insur- damage is caused by acts or omissions of ance provided to the additional insured ap- you or your subcontractor in the performance plies only to such "bodily i njury" or "property of "your work" to wh ich the "written contract damage" that occurs before the end of the pe- requiring insurance" applies, or in connection riod of time for whi c h the "written contract re- with premises owned by or rented to you . quiring insurance" requires you to provide such coverage or the end of the policy pe ri od , The person or organization does not qualify as an whichever is earlier. additional insured : 2. The following is added to Paragraph 4.a. of SEC- c . W ith respect to the independent acts or omis-TION IV _ COMMERCIAL GENERAL LIABILITY sions of such person or organization ; or CONDITIONS: d. For "bodily injury", "property damage" or "per-The insurance provided to the additional insured sonal injury" for which such person or organi-is excess over any val id and collectible other in- zation has assumed liability in a contract or surance , whether primary, excess , contingent or agreement. on any other basis, that is available to the addi- The insurance provided to such additional insured tional insured for a loss we cover . However , if you _______ _,,is"--"-'lim_,_,_,_,it><-ed""""'a"'s'--'f"""o'-"llo""w'-'-""s:,___ ______________ s_p_acifically_agr..e.eJulba.'.'..wcitten_c o ntcacLr-eq uiciJ:1,<..f.-------- e. This insurance does not apply on any basis to insurance" that this insurance provided to the ad- any person or organization for which cover-ditional insured under this Coverage Part must age as an additional insured specifically is apply on a primary ba sis or a primary and non- added by another endorsement to this Cover-contributory basis , this insurance is primary to age Part. other insurance ava ilable to the additional insured f. This insurance does not apply to the render-which covers that person or organizations as a ing of or failure to render any "profess ional named insured for such loss , and we will not services ". share with the other insurance , provided that: g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations ex- ceed the limits of liability requ ired by the "writ- ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the lim- (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed ; after you have signed that "w ritt e n contra ct requir- ing insurance". But this insuranc e provided to the additional insured still is ex cess over valid and CG D3 81 09 15 © 201 5 The T rave lers Ind emnity Co m pany . All ri ghts reserved. Pa ge 1 of 2 Inclu des th e co pyri ghted materi al of In surance Serv ices Offi ce, In c., with its permi ssio n COMMERCIAL GENERAL LIABILITY collectib le other insurance , whether primary, ex- cess , contingent or on any other basis , that is available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS : We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization . We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore, and in effect when, the "bodily injury" or "property damage" occurs , or the "personal injury" offense is committed. 4. The following definition is added to the DEFINI- TIONS Section : "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part , provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed : a. After you have signed that written contra ct; b. While that part of the written contract is in ef- fect; and c. Before the end of the policy period. Page 2 of 2 © 20 15 The Trave lers In demnity Company . All rights reserved. CGD3810915 Includ es th e copyright ed mate ri al of In s uran ce Services Offi ce, In c., with it s permission EXCERPTS FROM CA 00001 (1001) HARTFORD BUSINESS AUTO COVERAGE Insured: HMH En gineers Policy Number:57UE GAT0879 Policy Effective Dates: 03129120 1s Additional Insured: Th e City of Cupertino , its City Co un cil, offi ce rs , officials , emp loyees, agents, servants and volunteers Additional Insured: SECTION II -LIABILITY COVERAGE 1. WHO IS AN INSURED : The following are "i nsureds " c. Anyone liable for the conduct of an "insured" ... but only to the extent of that liability . Primary Insurance: SECTION IV -BUSINESS AUTO CONDITIONS B. General Conditions -5. Other Insurance a . For any covered "auto " you own , this Coverage Form provides primary insurance . For any covered "auto" you don 't own, the insurance provide by this Coverage Form is excess over any other collectible insurance . c. Regardless of the provisions of paragraph a. above, this Coverage Form 's Liability Coverage is primary for any liabil ity assumed under an "i nsured contract". Cross Liability Clause: SECTION V -DEFINITIONS G. "Insured" means any person or organizat ion qual ify ing as an insured in the Who is An Insured provision of the applicable coverage . Except with respect to the Limit of Insurance , the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. EXCERPTS FROM HA9916 (0302 ,__ ____________________ _ HARTFORD COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT 15. WAIVER OF SUBROGATION -We waive any right of recovery we may have against any person or organ iz ation with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form . Insured : HMH Engin eers Policy Number: WZP81041695 Effective Date : 09/01/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration . % of the California workers' compensation premium Person or Organization City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-0000 Form WC 04 03 06 Process Date: SCHEDULE Job Description Waiver of Subrogation in fa vo r of:-The City of Cupertino, its City Council , officers, officials , employees, agents, servants and volunteers Countersigned by ~ e, __ · _.,,,,, Authorized Representative (1) Printed in U.S.A. Policy Expiration Date: CITY OF CUPERTINO MASTER AGREEMENT CONSULT ANT SERVICES SERVICE ORDER NO. 1 MASTER AGREEMENT NO.: J-o t 1 -~ MA Date: MA Maximum Compensation: $1,000,000.00 MA Term: NTP: March 20, 2018 MA END DA TE: June 30, 2020 Consultant: HMH Engineers, Inc. 1570 Oakland Road San Jose, CA 95131 Contact: William J. Wagner Project Description: Phone: (408) 487-2200 Project Name: McClellan Road Separated Bikeways-Phase 1 Project# 2017-01.04 Ooescription: (simple project description if appropriate) []]Exhibits A, B, and C-Includes Scope of-Services, Schedule of Performance, and Compensation and Compensation City Project Management Managing Department: Public Works Project Manager: John Raaymakers Fiscal/Budget Amount Master Agreement Maximum Compensation: $1,000,000.00 Total Previously Encumbered to Date: $0 .00 ------Encumbrance this Service Order: $193,000.00 Total Liquidated Encumbrance: $0.00 ------Master Agreement Unencumbered Balance: $807,000.00 Account No.: 420-99-036-900-905-ST 029-02-02 Project Manager: John Raaymakers \ i~ APPROVALS Consultant: CIP Manager: Date: Y-Z 3 -/ i' Date: l-/ h 7 {t $ I I Date: 4 /J .. 3 b 5 I 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: ~ WI¥: Date: <.f { J. </ {t } ;nagement Analyst ~J_ Page 1 of 1 ~ ~r?{LL8 Gty of Cupertino Master Agreement Service Order No.1 EXHIBIT A Scope of Services The Project, as defined below, pertains to the locations shown in Attachment 1 and is generally described as roadway improvements to install Clas s IV protecte d bikeways and sidewalk improvements along McClellan Road from the intersection of Imperial Ave ("MC" 67+50) to east of Stelling Road ("MC" 106+00) (Phas e 1). This reach is a subset of the McClellan Road Separated Bikeways Project which will extend along McClellan Road from Byrne Ave to the west to Torre Ave to the east along McClellan Road and Rodrigues Ave. The design within the Phase 1 projec t limits was carried to the 35.05% submittal via separate agreement. The work within this scope of services will progress design activities to deliver Bid Documents and support construction activities for Phase 1. The following deviations from the 35.1 % Preliminary Drawings are assumed: -Work within Caltrans right-of-way will be limited to striping improvements. No modifications to the Bridge Deck to implement a raised curb will be included within this project. -Work at th e crossing of McClellan Road and Union Pacific Railroad (UPRR) will not require additional right-of-way or relocation of the UPRR appurtenances including UPRR signals, gates, crossing arms, cabinets and poles . For the Project, Design Professional will provide the following tasks and subtasks, as is required for the Project: TASK 1-Project Management 1.1 Meetings -Participate in design team meetings with representatives of the City during the design phase and provide written meeting minutes to the City within two (2) business days. 1.2 Utility Coordination -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 proj ec t may affect private utilities and require adjustments to grade or relocation of ex isting facilities. Design Professional will identify relocation n eeds and prepare utility relocation concepts for use by private utiliti es . 1.3 Caltrans Coordination -coordinate wi th Caltrans on Caltrans facility items to include preparation and submitta l of an encroachmen t permit application for the work, design exception d ocumenta tion as n eed e d , and any o ther require d p ermits, clearances, or approval s. 1.4 Deliverables - 1.11 M eeting notes 1.21 Utility r e p o rt 1.31 Caltrans Encroachment Permit Application and Supporting Docume ntation TASK 2 -65 % Construction Documents 2.1 65% Construction Documents -The 65% Construction Docume nts shall b e a refinement of the 35.05% D esig n Documents and are to be based on comments r eceived for the 35.05% review. The 65% Plans, Teclmical Spe cifications, and Cost Estimate shall be submitted toge ther, unless otherwise approved by City. 2.2 65% Plans -P re pare 65% Design Plans and submit them to the City for review and comme nt. The following plan disciplines are assumed: • Title Sheet • Legend and Notes • Ty pical Cross Sections • Street Improvement Plans and Profiles • Cons truction Details • Drainage and Utility Reloca tion Plans • Signing and Striping Plans • Signal Plans • Electrical Plans 2.3 Draft Technical Specifications -Submit the Draft Technical Specifications to the City for review and comment. The Technical Specifications are to r e ference City or Caltrans Standard Specifications for the various ite ms of work, including measurement and paymen t prov isions . 2.4 65 % Cost Estimate -Prepare a 65% Estimate of Probable Cost based on item s and quantities of work shown on the 65% Plans and other a ntici p ated improvements. Prices will b e based on the m agnih1de of the quantities and the D es ig n Professional' s ex p e ri e n ce with similar loca l projects a nd engineer's judg ment. 2.5 Supplemental Field Survey -p erform survey work to establish limits, verify property lines, and provide information n eeded t o develop the projec t plan s into accura t e, workable representations of work to b e p erformed though the Project. 2.6 Right-of-Way Plats and Descriptions: Prepare plat maps and lega l descri ptions for up to si x (6) properties required for the Project work. 2 2.7 Deliverables -(all deliverables digital unles s otherwise noted) 2.21 65% Design Plans 2.31 Draft Teclmical Specification 2.41 65% Construction Cost Estimate 2.51 Survey information (to b e incorporated into the proj ec t plans) 2.61 Plat maps and legal descriptions TASK 3 -95% Construction Documents 3.1 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, Technical Specifications, and Cost Estimate shall be submitted together. 3.2 95% Plans -Prepare 95% D esign Plans and submit them to the City for review and comment. 3.3 Technical Specifications -Submit the 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 provisions. 3.4 95% Cost Estimate -Prepare a 95% Estimate of Probable Cost 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 3.5 Deliverables -(all deliverables digital unless otherwise noted) 3.21 95% Design Plans 3.31 Technical Specifications 3.41 95% Construction Cost Estimate TASK 4 -Final (100%) Construction Documents 4.1 100% Construction Documents -The 100% Construction Documents shall address any comments received for the 95% review. The 100% Plans, Technical Specifications, and Cost Estimate shall b e submitted to gether on a flash drive or via electronic file delivery. In addition, provide one (1) complete wet s igned and stamped set of Construction Documents and Technical Specifications. reproducible, hard copy format. The submitted documents shall be in City will review the 100% Cons tru ction Documents for confirmation that responses to a ll previously provided comments are appropriately integrated . Design Professional is to 3 make any reasonable changes to the 100 % plans that are requested by the City. 4.2 100% Plans -Prepare 100% Design Plans and submit them to the City for review and approval. 4.3 100% Technical Specifications -Update the 95% Technical Specifications and submit the final (100%) Technical Specifications to the City. 4.4 100% Cost Estimate -Prepare a 100% Estimate of Probable Construction Cost based on items and quantities of work shown on the 100% Plans 4.5 Deliverables - 4 .21 100% Plans (digital+ one stamped, signed, full size record set of plans) 4.31 100% Technical Specifications (digital and one stamped, signed hard copy) in Word and one (1) bound 8-1/2 X 11 set 4.41 100% Cost Estimate (digital) TASK 5 -Bid and Award Support 5.1 Bid Period Assistance -Design Professional may be requested by the City to provide the following bid phase services. a. Attend the general contractor's pre-bid meeting. b. Respond to bidders' questions. c. Assist in the review and processing of substitution submittals during the Bid phase. d. Assist in the evaluation of bids as requested by the City. 5.2 Addenda Preparation -As requested by the 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. 5.3 Project Document Conformance -Design Professional may be requested by the City to 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 by the City Council. If work is assigned, a. The Design Professional shall provide one (1) 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. b. The Design Professional shall provide one (1) complete electronic format Conform Set Construction Documents and Technical Specifications in both 4 native file formats (AutoCAD, MS Word) and pd£ on a City compatible a flash drive. 5.4 Deliverables - 5.11 Written response to Bidders' questions 5.12 Written evaluation of substitution submittals 5.21 Project Addenda 5.31 Conformed Project Documents, Hard and Soft Copies TASK 6 -Construction Support 6.1 Submittal Review -The Design Professional, as requested by the City, is to 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 -The Design Professional, as requested by the City, is to review Contractor's Requests for Information and provide written responses to the City, within five (5) working days of receipt. The Design Professional's response shall provide, with advance City approval, supplemental drawings and/or specifications necessary to clarify the response . The Design Professional is to maintain a detailed record of all RFI's and responses supplied to the City. 6.3 Change Orders -Design Professional, as requested by the City, is to 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 Construction Meetings -As requested by the City, attend site meetings during the Construction phase and provide meeting minutes to the City within two (2) business days. 6.5 Record Drawings -As requested by the City, revise the contract plans to include all change orders, RFI responses and fi e ld changes to reflect ach1al conditions . Utilizing th e contractor's red-line mark-up plan set the Design Professional is to transfe r these changes to the r e cord drawings. 6.6 Deliverables - 5 6.11 Responses to submittals, submittal log 6.21 Responses to Requests for Information, RFI log 6.31 Review comments for City prepared Change Orders 6.41 Meeting Minutes 6.51 Record Drawings (AutoCad and PDF formats) 6 i.~ ~~~ M ·~~ ~~· m !~. •• !Sl l~~-~·r g,g~ ~-~! i!~; ~~!t !§ii it! ~d? u1: ~~,; a!-I ;1l !~i; ~~25 !~ji ;1;.~ ·~ii ~ .. ~ §3?• ! I ! 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REVI SIONS OE~~~~~ IMPROVEMENT PL.ANS FOR McCLELLAN ROAD SEPARATED BIKEWAYS 70fl60MCCLF.lV,HM \IO'l'WDEDICATIOH REOUEST) i ! ... ~~ l (j __ >l I ~-.-+---'='.--"\1~1'~' ,;-.. , g ]1~~ i ... XISllNCO,UVtWAYI\.ANOSCAPE 1 t'i' ,.,.,, ... "" -o '_, ww Za> :Jw :i:w Uu, >---~ LJ-J i 1 INC H = 20 FEET ~ ""'""' CITY OF CUPERTINO IP06 FOR CHY OF CUPERTINO USE IR PftOJ:CT I """"'t.19 ~I SHEET100F 23 EXHIBIT B Schedule of Performance This Schedule of Performance establishes the miles tones for commencement and completion of the Tasks for Services as specified in Exhibit A, Scope of Services. TASK # TASK DESCRIPTION TIMELINE Task #1: Project Management Throughout Project D esign Task#2 65% Construction Documents 2 weeks after Notice to Proceed Task #3: 95% Cons truction Documents 4 weeks after receipt of 65% comments Task #4: Final Construction Documents 2 weeks after receipt of 95% comments Task #5: Bid and Award Support During the Bid and Award phase Task #6: Construction Support During the Construction phase 7 EXHIBIT C Compensation Capitalized terms which are defined in the Agreement hav e 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. The following budget schedule will be used to determine compensation for Services based on the degree of completion, subject to confirmation and agreement by the City, and budget for each listed Task: 1. PROJECT SERVICES BUDGET SCHEDULE TASK# TASK DESCRIPTION TASK BUDGET 1 Project Management 12,000 2 65% Construction Documents 56,000 3 95% Construction Documents 72,000 4 Final Construction Documents 27,000 5* Bid and Award Support 3,000 6* Construction Support 23,000 Total for Services:$ 193,000 * Tasks 5, Bid and Award Support, and 6, Construction Support will be paid on an Hourly Billing basis. The City may assign work covered in Tasks 5 and 6 as needed. The City may assign all, some, or none of the tasks and sub-tasks contained in Tasks 5 and 6. When performing services in Tasks 5 and 6, the Design Professional is to provide items (a) through (e) as listed in Section 4 .2 , Invoices and Payments, of the Agreement. Compensation will be based on the hourly rates listed below. 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. 8 2. HOURLY COMPENSATION FOR SERVICES A. Hourly Rate Schedule -For work p erformed for Tasks 5 and 6, th e City will compensate the D es ign Professional for satisfactory performance of duly authorized services base d on the hourly rate(s) set forth below, but subject to the compensation limits in Section 4 of the Agreement. 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 deem ed to include profit, overhead, ve hicle, e quipment and supply costs and the like . The hourly rates do not include Reimbursable Expenses, which are addressed below and in Section 4 of the Agreement. These hourly rates will remain in effect for the Term of the Agreement unless changed by written amendment to the Agreement. Consultant Hourly Rates Principals Senior Civil Engineering Manager Senior Land Surveying Manager Civil Engineering Manager Land Surveying Manager Land Development Manager Senior Planner Senior Civil Engineer, Land Surveyor or Landscape Architect Design Specialist Project Planner Project Civil Engineer, Land Surveyor or Landscape Architect Project Arborist Civil Engineer, Land-Surveyor or Landscape Architect Assistant Civil Engineer, Land Surveyor or Landscape Designer Junior Civil Engineer, Land Surveyor or Landscape Designer Senior Technician Project Technician Technician Assistant Technician Junior Technician Project Support Staff Field Services 2-Man Field Crew 3-Man Field Crew 1-Man Field Crew Senior Field Engineer $ 200 -340 p er hour $ 192 per hour $ 192 per hour $ 172 per hour $ 172 per hour $ 168 -240 per hour $ 194 per hour $ 156 per hour $ 148 -180 per hour $ 174 per hour $ 146 per hour $ 136 per hour $ 138 per hour $ 126 per hour $ 116 per hour $ 130 per hour $ 120 per hour $ 112 per hour $ 102 per hour $ 86 per hour $ 84 per hour $ 236 per hour $ 310 per hour $ 164 per hour $ 156 per hour B. Reimbursable Expenses. Reimbursable ex penses include the cos t of items, other than direct labor, s pecificall y required to p erform the Se rvices, excl uding normal business operating 9 expenses and overhead, which are included in the direct hourly rates set forth above . City will compensate Consultant for such reimbursable expenses only with prior written authorization by the individual designated as the City Representative in Section 8, Proj ect Coordination, of the Agreement. The City will reimburse the Consultant for allowable reimbursable expenses for the documented achial cost only, with no surcharge or markup for Consultant administration. Reimbursable expenses must be separately identified on the Consultant invoice and documentation of each reimbursable ex pense 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, ex cluding 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 EXHIBITS 10 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. 2 MASTER AGREEMENT NO.: 2018-005 M A Date: March 21, 2018 MA Maximum Compensation: $1,000,000.00 MA Term: NTP: March 21, 2018 MA END DA TE: June 30, 2020 Consultant: HMH Engineers, Inc. 1570 Oakland Road San Jose, CA 95131 Contact: William J. Wagner Project Description: Project Name: Byrne A venue Sidewalk Improvements Project# 2016-10 0Description: (simple project description if appropriate) Phone: (408) 487-2200 0Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: John Raaymakers Fiscal/Budget Amount Master Agreement Maximum Compensation: $1,000,000.00 Total Previously Encumbered to Date: $193,000.00 Encumbrance this Service Order: $78,846.00 ------Total Liquidated Encumbrance: $0.00 ------Master Agreement Unencumbered Balance: $728,154.00 Account No.: 270-90-958-900-905-ST 013-02-02 Project Manager: Date: 5-[-/8 APPROVALS Consultant: Date: sj._3,/Jg _ -- CIP Manager: Date: trjtfe Appropriation Certification:) ereby 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 Master Agreement Page 1 of 1 Service Order No.2 EXHIBIT A Scope of Services The Project that is the subject of this Service Order is generally described as roadway improvements to include the installation of curb, gutter, and sidewalk at locations within the Project area, which is Byrne A venue between McClellan Road and approximately Granada A venue in the City of Cupertino. The Project design has been brought to the 65% design le vel via a separate Master Agreement Service Order. The work to be performed through this Service Order includes finalizing the Project documents, providing Bid/ Award and Construction phase support, integrating contractor-provided red-lined plan notes to produce Record Drawings, and field staking for right of way and utility relocation activities. For the Project, Design Professional is to provide the following tasks and subtasks, as is required for the Project: TASK 1 -Field Staking 1.1 Right of Way Staking: For all parcels within the project limits that will have the frontages modified or impacted by the project work, provide on-the-ground markings of the existing and proposed property limits as well as the limits of proposed Temporary Construction Easements (TCE). The markings are to include existing and proposed property limits as well as the limits of proposed TCEs on the adjoining side streets where parcels are located on a corner. Consultant is to take adequate pictures of the on-the-ground markings to facilitate the reestablishment of the marker(s) if it is removed or damaged. On-the-ground markers may be paint or 'whiskers' as appropriate for the terrain. Markers are to be color coded to differentiate between existing limits, proposed limits, and TCE limits. 1.2 Pacific Gas & Electric Staking: At all locations where Pacific Gas & Electric (PGE) and/or other utility companies facilities are to be re located, replaced, modified, or otherwise impacted, provide on-the-ground markings to indicate the proposed location for the relocation or installation of PGE facilities. 1.3 Deliverables: 1.11 On-the -ground marking of e xisting and proposed property limits and TCEs 1.12 Photographs of on-the-ground markings of existing and proposed property limits and TCEs 1.21 On-the-ground markings a s nee ded for PGE facility modifications HMH E ngineers, Inc . Service Order #2 Sid ewalk Improvem e nts-Byrne A ve nu e l of9 E x hibit A TASK 2 -95% Construction Documents 2.1 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. 2.2 Meetings: Participate in meetings with representatives off the City during the 95% Construction Document work. Provide meeting minutes to the City within two business days. 2.3 95% Plans: Prepare 95% Design Plans and submit them to the City for review and comment. 2.4 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 and/or Caltrans Standard Specifications, including measurement and payment provisions. 2.5 95% Cost Estimate: Prepare a 95% Estimate of Probable Cost based on items and quantities of work shown on the 95% plans and other anticipated improvements. Prices are to be based on quantities and the Design Professional's judgment and experience with similar projects in the Bay Area as well as recent construction bids. 2.6 Deliverables: 2.21 Meeting minutes 2.31 95% Design Plans 2.41 95% Technical Specifications 2.51 95% Construction Cost Estimate TASK 3 -Final (100%) Construction Documents 3.1 100% Construction Documents: The 100% Conshuction Documents are the final iteration off the Design Documents and are to be based on comments received from the 95% Design Documents submittal review. The 100% Plans, 100% Technical Specifications, and the 100 % Cost Estimate shall be submitted together in PDF format on a digital media flash drive . In addition, provide one (1) complete wet signed and stamped sets of Construction Documents and Technical Specifications. reproducible, hard copy format. The submitted documents shall be in City will review the 100% Construction Documents for confirmation that responses to all previously provided comments are appropriately integrate d. Design Professional is to HMH E ngineers, Inc . Service Order #2 Sidewalk Improvements-Byrne A ve nu e Exhibit A 2 of9 make any reasonable changes to the 100% Plans and Technical Specifications that are requested by the City. 3.2 100% Plans: Prepare 100% Design Plans and submit them to the City for review and acceptance. 3 .3 100% Technical Specifications: Update the Technical Specifications and submit the 100% Technical Specifications to the City. 3.4 10 0% Cost Estimate: Prepare a 100% Estimate of Probable Construction Cost as needed based on items and quantities of work shown on the 100% Plans. Prices are to be based on quantities and the Design Professional' s judgment and experience with similar projects in the Bay Area as well as recent consh·uction bids. 3.5 Deliverables: (all deliverables digital unless otherwise noted) 3.21 100% Plans (digital+ one stamped, signed, full size plans) 3.31 100% Technical Specifications (digital and one stamped, signed hard copy) in Word and one (1) bound 8-1/2 X 11 set 3.41 100% Cost Estimate ( digital) TASK 4 -Bid and Award Support 4.1 Bid Period Assistance: Provide the following bid phase services, at the City's request, through award of the construction contract: a. Attend the pre-bid conference, if held . b . Respond to bidders' questions until the question cutoff period identified in the bid documents package. c. Assist in the review and processing of substih1tion submittals during the Bid phase. 4.2 Addenda Preparation: As requested by the 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 . 4.3 Pr oject Document Conformance: As requested by the City, 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 . Provide one (1) complete wet signed, stamped Conform Set of Consh'uction Documents and Technical Specifications that includes the 100 % Consh·uction Documents Package HMH Engineers, In c. Service Order #2 Sidewalk Improvement s-Byrn e Avenue Exhibit A 3 of9 and all bid addenda. The submitted documents shall be in reproducible, hard copy format. In addition, provide one (1) complete electronic format Conform Set Construction Documents and Technical Specifications in both native file formats (AutoCAD, MS Word) and PDF on a digital media flash drive. 4.4 Deliverables: (all deliverables digital unless otherwise noted) 4.11 Written response to Bidders' questions 4.12 Written evaluation of substihition submittals 4.21 Project Addenda 4.31 Conformed Project Documents TASK 5 -Construction Support 5.1 Submittal Review: As requested by the City, review and respond to 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. Maintain a detailed record of all submittals and content supplied by the Contractor. 5.2 Requests for Information: As requested by the City, review Contractor's Requests for Information 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 shall provide, with advance City approval, supplemental drawings and/or specifications necessary to clarify the RFI. The Design Professional shall maintain a detailed record of all RFI' s and responses supplied to the Contractor. 5.3 Change Orders: As requested by the City, review and advise the City on requests by the City or Contractor for changes in the consh·uction of the Project. Review City prepared Contract Change Orders and, where necessary, prepare Drawings and Specifications to describe Work to be added, deleted or modified. Maintain all records relative to changes in the construction . 5.4 Construction Meetings: As requested by the City, attend site meetings in the Construction phase as requested by the City and provide meeting minutes to the City within two (2) business days. 5.5 Deliverables (all deliverables shall be digital unless otherwise noted) 5.11 Responses to submittals, submittal log 5.21 Responses to Requests for Information, RFI log 5.31 Review comments for City prepare d Change Orders HMH Engineers, Inc. Service Order #2 Sidewalk Improvements -Byrne Avenue 4 of9 Exhibit A 5.41 Meeting Minutes TASK 6 -Record Drawings 6.1 As requested by the City, revise the contract plans to include all change orders, RFI responses and field changes to reflect achial conditions. Utilizing the contractor's red- line mark-up plan set, transfer those changes to the record drawings . Provide digital copy on a flash drive and one stamped, signed, full size plan set. All plan sheets are to include a watermark indicating that the plans are the 'Project Record." 6.2 Deliverables 6.11 Record Drawings HMH Eng in eers , In c . Service Order #2 Sidewa lk Improvem ents-Byrne Avenue Exh ibit A 5 of9 EXHIBIT B Schedule of Performance This Schedule of Performance establishes the milestones for commencement and completion of the Tasks for Basic Se rvices as s p ecified in Exhibit A, Scope of Services. TASK # Task #1 Task #2 Task #3 Task #4 Tas k #5 Task #6 HMH Engi neers, Inc. Serv ice Order #2 TASK DESCRIPTION Field Staking 95% Construction Documents Final (100%) Construction Documents Bid and Award Support Construction Support Record Drawings Sidewa lk Im provements-Byrne Avenu e 6 of9 TIMELINE Within 2 weeks of request b y City to perform work 4 weeks after Service Order exe cution 2 weeks after receipt of 95 % comments from City During Bid and Award phase During Construction phase 2 weeks after r e ceipt of contractor's red-line drawings Ex hi bit B EXHIBIT C Compensation Capitalized terms which are defined in th e Agreement have the same meaning in this Exhibit C. This Exhibit Con 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 monthly compensation for Basic Services based on the degree of completion, subject to confirmation and agreement by the City, and budget for each listed Task: TASK# TASK DESCRIPTION TASK BUDGET 1 Field Staking 7,484.00 2 95% Construction Documents 27,322.00 3 Final (100%) Construction Documents 11,524.00 4* Bid and Award Support 8,328.00 5* Construction Support 20,880.00 6* Record Drawings 3,308.00 Total Budget for Services: $ 78,846 * Task 4, Bid and Award Support, Task 5, Construction Support, and Task 6, Record Drawings, will be paid on an Hourly Billing basis. The City may assign work covered in Tasks 4, 5, and 6 as needed. The City may assign all, some, or none of the tasks and s ub-tasks contained in Tasks 4, 5, and 6. When performing services in Tasks 4, 5, and 6, the Design Professional is to provide items (a) through (e) as listed in Section 4.2, Invoices and Payments, of the Agreement. Compensation will be based on the hourly rates listed below. HMH E ngineers, Inc. Service Order #2 Sidewalk Improvem e nts-B yrne Avenue Exhibit C 7 of9 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 budge te d amounts for each Task, subj ect to the not to exceed limit specified in Section 4. 2. HOURLY COMPENSATION FOR SERVICES A. Hourly Rate Schedule -For work p erform e d for Tasks 4, 5 and 6, the City will compensate the Design Professional for satisfactory performance of duly authorize d services based on the hourly rate(s) set forth below, but subject to the compensation limits in Sec tion 4 of the Agreement. The hourly rates are deemed to include all costs including, salary, wages, benefits, taxes, insurance, and the like p a id 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 Reimbursabl e Expenses, which are addresse d be low and in Section 4 of the Agreement. These hourly rates will remain in effect for the Term of the Agreement unless changed by written amendment to the Agreement. Consultant Hourly Rates Principals Senior Civil Engineering Manager Senior Land Surveying Manager Civil Engineering Manager Land Surveying Manager Land Developme nt Manager Senior Planner Senior Civil Engineer, Land Surveyor or Landscape Architect Design Specialist Project Planner Project Civil Enginee r, Land Surveyor or Landscape Architect Project Arborist Civil Engineer, Land Surveyor or Landscape Architect Assistant Civil Engineer, Land Surveyor or Landscape Designer Junior Civil Engineer, Land Surveyor or Landscape Designer Senior Technician Project Technician Technician Assistant Technician Junior Technician Project Support Staff HMH Enginee rs , Inc . Service Order #2 Sidewalk Impro vements-Byrne Aven ue 8 of9 $ 200 -340 per hour $ 192 per hour $ 192 per hour $ 172 per hour $ 172 per hour $ 168 -240 p er hour $ 194 per hour $ 156 per hour $ 148 -180 p er hour $ 174 per hour $ 146 per hour $ 136 p er hour $ 138 p er hour $ 126 per hour $ 116 p er hour $ 130 p er hour $ 120 p er hour $ 112 p er hour $ 102 per hour $ 86 p e r hour $ 84 p er hour Exhibit C Field Services 2-Man Field Crew 3-Man Field Crew 1-Man Field Crew Senior Field Engineer $ 236 per hour $ 310 p er hour $ 164 p er h o ur $ 156 p er hour B. Reimbursable Expenses. Reimbursable expenses include the cost of items, other than direct labor, specifically required to p erform the Services, excluding normal business operating expenses and overhead, which are included in the direct hourly rates set forth above. City will compensate Consultant for such reimbursable expenses only with prior written authorization by the individual designated as the City Representative in Section 8, Proj ect Coordination, of the Agreement. The City will reimburse the Consultant for allowable reimbursable expenses for the documented actual cost only, with no st.ucharge or markup for Consultant administration. Reimbursable expenses must be separately identified on the Consultant invoice and documentation of each reimbursable expense must b e submitted to the City upon request and maintained as required under Section 18, Records, of the Agreement. Allowed reimbursable ex penses 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, Exc el, 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; • Subcons ultants 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. HMH Engineers, Inc . Service Order #2 Sidewalk Improvements-Byrne Avenue END OF EXHIBITS Exhibit C 9 of9 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. 3 MASTER AGREEMENT NO.: 2018-005 MA Maximum Compensation: -$1,000,000.00 MA Term: NTP: March 21, 2018 Consultant: HMH Engineers, Inc. 1570 Oakland Road San Jose, CA 95131 Contact: Jon Cacciotti Project Description: M A Date: March 21, 2018 MA END DATE: June 30, 2020 Phone: (408) 487-2200 Project Name: Orange Avenue Sidewalk Improvements 0Description: S~ake properties within the areas on Orange_ Avenue where the Orange & Byrne Sidewalk Improvement Project will be constructing improvements. Staking is to delineate existing and proposed property limits as well as TCEs. Consultant to use color-coded markers and photograph placed markers for reestablishment, if needed. City Project Management Managing Department: Public Works Project Manager: John Raaymakers Fiscal/Budget Amount Master Agreement Maximum Compensation: $1,000,000.00 Total Previously Encumbered to Date: $271,846.00 Encumbrance this Service Order: $4,910.00 ------Total Liquidated Encumbrance: $0.00 ------ Master Agreement Unencumbered Balance: $723,244.00 Account No.: 270-90-958-900-905-ST 013-02-02 Project Manager: JO'~ ~ Date: APPROVALS Consultant: _D_a_te_: _G ... /;_.z :;._;5'=-,..../.!..., .5 _______ _ OP Manager: _D_a_te_: -'l+-4 ........ 11~lo-~tJ.,.. ______ _ Appropriation Certification: ereby 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. Gty Finance: Oty of Cupertino Master Agreement ~ ,1 h4>--wt- ~ment Analyst Date: Page 1 ofl Service Order No.3 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. 4 MASTER AGREEMENT N ~ MA Date: March 21, 2018 MA M~um Compensation: -$1,000,000.00 MA Term: NTP: March 21, 2018 Consultant: HMH Engineers, Inc. 1570 Oakland Road San Jose, CA 95131 Contact: Jon Cacciotti Project Description: MA END DATE: June 30, 2020 Phone: (408) 487-2200 Project Name: Title Report-21431 McClellan [K)Title report for the subject property City Project Management Managing Department: Public Works Project Manager: John Raaymakers Fiscal/Budget Amount Master Agreement Maxi.mum Compensation: $1,000,000.00 Total Previously Encumbered to Date: $279,330.00 Encumbrance this Service Order: $750.00 ------Total Liquidated Encumbrance: $0.00 ------ Master Agreement Unencumbered Balance: $719,920.00 Account No.: 420-99-036-900-905-ST 029-02-03 APPROVALS Consultant: CIP Manager: Date: Date: Date: 6-z,~,g ~/zi/18 r , li?k rjrs l 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: Gty of Cupertino Master Agreement Date: lo ·~ · l 2 Pagelofl ~\,i,1,\\"\ Service Order No.4 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. 5 MASTER AGREEMENT NO.: 2018-005 MA Maximum Compensation: -$1,000,000.00 MA Term: NTP: March 21, 2018 Consultant: HMH Engineers, Inc. 1570 Oakland Road San Jose, CA 95131 Contact: Jon Cacciotti Project Description: M A Date: March 21, 2018 MA END DA TE: June 30, 2020 Phone; (408) 487-2200 Project Name: McClellan Road Separated Bikeways-Phase 1 [K]Perform additional design work to separate Phase 1 into 2 plan sets, Phases la and lb. Phase la will construct civil improvements. Phase lb will perform traffic signal modifications at McClellan/Stelling and McClellan/Bubb. Conduct potholing as determined appropriate to verify locations of future traffic signal City Project Management Managing Department: Public Works Project Manager: John Raaymakers Fiscal/Budget Amount Master Agreement Maximum Compensation: $1,000,000.00 Total Previously Encumbered to Date: $277,506.00 Encumbrance this Service Order: $20,800.00 ------ Total Liquidated Encumbrance: $0.00 ------ Master Agreement Unencumbered Balance: $701,694.00 Account No.: 420-99-036-900-905-ST 029-02-03 APPROVALS Consultant: CIP Manager: Date: Date: Date: !l-t(-1! I(/, C,~8 i \ \ /z1;J, £::, I -I Appropriation Certification: ereby 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. / Oty Finance: tt /lWtf-Date: ~ / I 2--fr f I f Manage ent Analyst City of Cupertino Master Agreement Page 1 of 1 Service Order No.5 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. 7 MASTER AGREEMENT NO.: 2018-005 MA Maximum Compensation: -$1,000,000.00 MA Term: NTP: March 21, 2018 Consultant: HMH Engineers, Inc. 1570 Oakland Road San Jose, CA 95131 Contact: Jon Cacciotti Project Description: M A Date: March 21, 2018 MA END DA TE: June 30, 2020 Phone: (408) 487-2200 Project Name: 10080 Randy Lane, Cupertino, CA 95014 Provide construction documents for the installation of sidewalk, curb, and gutter along the [~:trontage of 10080 Randy Lane. Design is to include and consider site and public right of way drainage, driveway approaches, build-up/contouring of soil behind the sidewalk, and other features exisitng or required to construct the improvements. Provide plat and legal description to be used for recordation of right-of-way transfer. Provide quantities related to the clearing of site and construction of improvements. Provide Construction Support ands Record Drawings on a time & material basis ($1000 budgeted). City Project Management Managing Department: Public Works Project Manager: John Raaymakers Fiscal/Budget Amount Master Agreement Maximum Compensation: $1,000,000.00 Total Previously Encumbered to Date: $332,106.00 Encumbrance this Service Order: $12,000.00 ------Total Liquidated Encumbrance: $0.00 ------ Master Agreement Unencumbered Balance: $655,894.00 Account No.: 270-85-820-900·922 Date: /f-2( -/K APPROVALS I/ /11,/r g Consultant: Date: r ' Date: t1!21ehs I I Appropriation Certification· 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. CityFinance: ~ {0w Date: !(/&&/;J' City of Cupertino Master Agreement Page 1 of 1 Service Order No.7 CITY OF CUPERTINO MASTER AGREEMENT CONSUL TANT SERVICES SERVICE ORDER NO. 8 MASTER AGREEMENT NOii: 2018-005 M.A. Date: 21-Mar-18 Maximum Compensation: $1,000,000 M.A. End Date: 30-Jun-20 Consultant: Firm N.imt!: J-IMH Engineers Address: 1570 Oakland Road San Jose, CA 95131 Contact: Jon Cacciotti Phone: (408) 487-2200 Project Description: Project Name: Regnart Creek Trail IZJoescription: Perform a topographic survey of the Regnart Creek Trail project mea as defined by the project Feasibi ly Study . Deliverables include u base map to be utilized for the design and construction of the project improvements. OAtli1cl1menl A: City Project Management Managing Department: Public Works . Project l'vlanager: Jennifer Chu ------------ Fiscal/Budget : Amount Master Agreement Maximum Compensation: $1,000,000 ---------- Tolal Previously Encumbcmd to Date: $310,306 ---------- Encumbrance th is Service Order: $18,976 ---------- Balance: $670,718 P.O.# Date: It· IS-I ti Approvals: Consultant: Date : CIP rvtanager : D«te : I I Appropri.1t100 Ccrtific;itiur I hcn;by certify thnt .in un c\pcndcd ;ipprupr i.1tion is ,ll'ailnbki in the ;ibuw fund for tht! ;,ibow cuntract .i s l!~timatl.!d nml that fund nn.' avuilablc as of this datl.! of sign,llurc ' . City Finance: ~ ~ I Iv~ An<Jlyst Cit)' of Cu pcrtinu Master Agreeme nt l 8 l l 2S D.1tc: !'age I of I Service Order Nu . 8 CITY OF CUPERTINO MASTER A GREEMENT CONSULTANT SE R VICES SERVICE ORDER NO ~ 9 MASTER AGREEMENT NO#: 2018-005 M .A.Date: 21 -Mar-18 Maximum Compensation: $1,000,000 M.A. End Date: 30-Jun-20 Consultant: Firm Name: HMH Engineers Address: 1570 Oakland Road San Jose, CA 95131 Contact: Jon Cacciotti Phone: (408) 487-2200 Project Descripti on: Project Name: Regnart Creek Trail Ooescription: (simple project description if appropriate) X Attachment A: Includes Description of Project, Scope of Service and Compensation (Task 3 authorized and funded under Servicce Order #8) City Project Management Managing Department: Public Works Project Manager: Jennifer Chu ----------- Fiscal/Budget : Amount Master Agreement Maximum Compensation: $1,000,000 ----------Tota l Previously Encumbered to Date: $329,282 ---------- Encumbrance this Service Order: $340,170 ----------Balance: $333,548 S.O. Acc't No.: 420-99-036-900-905-ST 039-02-02 Contract Manager: Date: CIP Manager: Date \1, /:'ii lB Date: \ 2,f\ ':{ (J 'f( Approvals: Consultant: 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 17 /ct.t~l~ ' City Finance, ~ l(rl: Date: aganent Analyst City of Cupertino Master Agreement 181128 Page 1 of 1 Service Order No. 9 Service Order #9 Attachment A Scope of Services Design Professional will provide certain Civil Engineering services as required and requested by the City of Cupertino (City). A. Project Description The Regnart Creek Trail is a proposed facility which would provide a off-street alternative for bicyclists and pedestrians to access nearby destinations including Cupertino Civic Center, Cupertino Public Library , Wilson Park, Creekside Park, nearby schools, and residential neighborhoods. The project would exist along the Santa Clara Valley Water District (SCVWD) maintenance access road adjacent to the Regn art Creek alignment from Pacifica Drive to E Estates Drive where it would connect to the existing trail to Creekside Park. The preferred alternative from the City's 2018 Regnart Creek Feasibility Study is included as the basis of the project in Appendix A. Trail Access: Trail heads and access points will be provided at Torre Avenue, Pacifica Drive, Cupertino Civic Center, Rodrigues Avenue, S Blaney Avenue, Wilson Park , and E Estates Drive . Trail Surface: The surface of the trail will be porous pavement that will be designed to withstand maintenance vehicle loads. Roadway Crossings: Where the trail intersects roadways at S Blaney Avenue and E Estates Drive, safety features such as high visibility crosswalks, raised crosswalks, bulbou.ts, medians, and rapid rectangular flashing beacons (RRFBs) will be installed to allow trail users to cross the roads . Privacy Screening: The need for privacy screening between residential properties and the trail varies along the trail corridor. Installation and type of p r ivacy screening will be in stalled on an as-needed basis . Railing : Railing near the top of bank will be considered to prevent trail users from entering the creek. Railing types and locations will be determined and designed as part of this scope of work. Bridges: Two pedestrian bridges that cross the creek will be constructed between S Blaney Avenue and E Estates Drive. The structural design of bridge abutments is included in this scope of work. The design and selection of the bridge superstructure is not included in th is scope of work. HMH Engineers Regnart Creek Trail Page 1 of 12 Service Order #9 B. Specific Performance Requirements Design Professional will conduct environmental studies and prepare construction documents for the trail that will connect to the existing Creekside trail to the east of the project and to future on-street bike facilities proposed along Pacifica Drive . Work includes landscaping at trail heads, paving existing dirt road, improving roadway crossings, installing creekside safety measures , implementing screening solutions, and constructing pedestrain bridges within the project area . For the project, Design Professional will provide the following tasks and subtasks, as required for the project .. Task 1.0: Project Management and Coordination 1.01 Project Management and Coordination Design Professional will assign a dedicated 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. 1.02 Meeting Preparation and Attendance Design Professional will attend project meetings with City staff and SCVWD, and other project stakeholders, as necessary. 1.03 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), American Telephone and Telegraph (AT&T), Comcast, 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. Design Professional will review 3rd party designs for consistency with the City's project . Task 2.0: Environmental Document (T&M) To conform with the requirements of the California Environmental Quality Act (CEQA) and the regulations and policies of the City of Cupertino, environmental documents will be prepared to identify and analyze the anticipated environmental impacts of the proposed Regnart Creek Trail. Design Professional will engage David J. Powers & Associates, Inc. (DJP&A) to prepare an Initial Study for the Regnart Creek Trail project. HMH Engineers Regn art Creek Trail Page 2 of 12 Service Order #9 2.01 Preparation of Initial Study & Negative Declaration: HMH Engineers Initial Study : DJP&A will prepare an Initial Study consistent with the requirements of the California Environmental Quality Act (CEQA) and the City of Cupertino. This scope is based on the understanding the project would be eligible for a M ND , assuming there are either no sign ificant impacts, or mitigation measures will be included in the project to reduce significant impacts to a le ss than significant level. Based upon our current understanding of the project, we anticipate the Initial Study will include th ree technical studies : • Biological Resource Report; • Noise Asse ssment; • Archaeological Resources Survey Report . The Initial Study will include a project description, discussion of consistency with applicable plans and policies, and a section that includes a description of existing conditions along the trail alignment, the CEQA environmental checklist, and an explanation of project effects and m itigations . Upon completion of the Administrative Draft Initial Study (ADIS), DJP&A will submit the document to the City for review and comment . DJP&A w i ll then revise the ADIS based on comments received from the City and submit an electronic copy of the Screencheck version to the City for fina I review and comment. DJP&A will make any final revisions to the Screencheck Initial Study and prepare the Initial Study for public circulation. DJP&A will provide the City with up to 25 paper copies of the Init i al Study for public distribution and a PDF copy of the document for posting on the City's website. This scope includes 60 Project Manager hours to assist the City in responding to comments received duri ng circulation of the Initial Study. In the event more time or additional technical work is required, it could be added as a separate task on a time and materials basis . In accordance with state law and CEQA Guidelines, DJP&A will draft a Mitigation Monitoring and Reporting Program (MMRP) identifying when mitigation measures will be implemented, who will be responsible fo r implementing them, and who will provide oversight. The draft MMRP will be submitted to the City with the Screencheck Initial Study . Negative Declaration: DJP&A will prepare a draft MND in conformance with the CEQA Guidelines and the City of Cupertino requirements . The draft MND will describe the proposed project, present findings related to the environmental conditions , and include a copy of the Initial Study and mitigat ion measu res to support the findings . Regnart Creek Trail Page 3 of 12 Service Order #9 2.02 Project Coordination & Meeting Attendance: DJP&A will provide general Initial Study project management, contract administration, and coordination with HMH and the City throughout the Initial Study process. The DJP&A Project Manager will coordinate with HMH on a regular basis using email and telephone communications . This scope of work includes DJP&A attendance at one project/community meeting and one public hearing. DJP&A can attend additional public hearings or meetings requested on a time and materials basis. 2.03 Preparation of Notices: DJP&A will prepare a Notice of Intent to Adopt a Negative Declaration (NOi}, in accordance with CEQA and City of Cupertino requirements. DJP&A will submit an electronic draft of the NOi to the City for review and comment. DJP&A will revise and finalize the NOi based on City comments and transmit the final NOi to the City for their posting. After the project is approved, DJP&A will prepare a Notice of Determination (NOD}. DJP&A will submit an electronic copy of the draft NOD for the City's review . Based on comments received from the City, DJP&A will revise and finalize the NOD . An electronic copy of the finalized NOD will be submitted to the City for filing. Task 3.0: Data Collection 3.01 Topographic Survey: Design Professional will perform field topographic surveys to obtain the following: • Cross sections along the existing maintenance road (top of bank to fence line} at 20' intervals, • Cross sections along the creek (right-of-way to right-of-way} at 500' intervals, • Grade breaks, ditches, swales, trees along the maintenance road and top of bank • Property survey of Lozano Ln properties abutting the trail, • Grades at roadway crossings/trail head locations at Blaney Avenue, E Estates Drive, Rodrigues Avenue, Torre Avenue, • Location ofTrees at Wilson Park and Library Field. 3.02 Base Mapping: Plot features collected through !opographic survey using current AutoCAD software on a screened aerial photo base as a background for proposed improvements. Task 4.0: Geotechnical Engineering Services Design Professional will engage Parikh Consultants Inc. (Parikh) to perform geotechnical testing to obtain existing maintenance road soil conditions in areas that are pertinent to the construction of HMH Engineers Regnart Creek Trail Page 4 of 12 Service Order #9 abutments and approaches for pedestrian bridges . The geotechnical investigation will include field explorations, laboratory testing, engineering analyses, and design coordination/interaction with the design team . We will prepare a geotechnical investigation report to summarize the findings and recommendations for the proposed bridges . 4 .01 Research and Data Collection : Parikh will review readily available geologic and soil literature in the vicinity of the site . Parikh will apply for encroachment permits from the City of Cupertino and SCVWD at no cost. Parikh will also apply for the exploratory permit from SCVWD for the two Cone Penetration Tests (CPTs) that are greater than 45 feet . 4.02 Filed Exploration: For the geotechnical ex ploration, we propose a total of two borings and two CPT's for the project. The two borings (up to 30 feet) will be located on the north side of the creek, and the crews will have to access through Wilson Park. The two CPT's will be located on the south side of the creek. Parikh's field engineer will classify and log the subsurface soil conditions encountered in each test boring at the time of drilling. Soil samples will be collected for laboratory testing. 4.03 Laboratory Testing: Laboratory tests will be performed on representative soil samples, such as moisture contents, densitie s, particle size analyses , plasticity index (basic soil characteristics), corrosion tests , and unconfined compression tests . 4.04 Soil Analysis/Evalua t ion: Based on our experience, we expect the following engineering analyses are required to design the bridge foundat ions and evaluate the stability of the creek banks: • Seismic design criteria (ARS curve per Caltrans ARS Online webtool), • Seismic hazards (liquefaction potential), • Foundation design (a xial/lateral capacity for deep foundations or bea r ing capacity/ settlement for shallow foundations), • Lateral earth pressures (for the abutmentwalls), • Slope stability (static and seismic), and • Corrosion potential. 4.05 Draft Geotechnical Investigation Report: The report will summarize the geotechnical recommendations for the proposed bridges ba sed on the input from the design team and bridge manufacturer. The report will also discuss the seismic considerations , such as liquefaction potential and its impacts (if any). HMH Engineers Geotechnical services will adhere to Caltrans standards of practice for geotechnical investigations, design , and reporting. Regnart Creek Trail Page 5 of 12 Service Order #9 4.06 Final Geotechnical Investigation Report: The final report will address the review comments of the SCVWD and the City with any design updates . The design recommendations will be finalized accordingly. Task 5.0: Community Outreach The Design Professional will engage Alta Planning & Design (Alta) to coordinate community outreach workshops and meetings . Throughout the project, there will be ongoing coordination between Alta's project manager and the HMH Project Manager, including teleconference meetings, emails, and written communication to keep the client up-to-date on project development. 5.01 Community Workshops: Consultant will prepare meeting presentation materials and facilitate the two community workshops which will include the following: HMH Engineers • Tangible projects, project concepts, and well-defined policy questions that can elicit meaningful input • Exercises that engage the public • Multiple methods of interaction so participants can stay for as much or little time as they like. Workshop #1 The first workshop will focus on re-introducing the project, showing preferred alignment, and gathering feedback on design treatments to be explored . This workshop will provide an opportunity to gather early feedback on the project and engage stakeholders at the 35 percent design phase . We envision that the workshop would include multiple stations with maps, diagrams, and other visual materials to help orient attendees to the study area and objectives, with Alta , HMH, and City staff available to discuss the project and gather feedback. Alta will take the lead and work with HMH to develop any posters or handouts required for the meeting. Workshop #2 The second community workshop will share the final design of the project, including design treatments and cost estimates. Alta will work with HMH to plan the workshop for diverse attendance from stakeholder communities, including user groups, school communities, and nearby property owners. The workshop will be in an open house format, providing an opportunity to drop in , review the study findings and recommendations, and speak with project team staff when convenient to the attendee. Posters and display materials, prepared by Alta with support from HMH, will be highly visual, with maximum use of graphic representation of materials alongside any narrative information . Regnart Creek Trail Page 6 of 12 Service Order #9 5.02 Resident Communication Outreach Support : HMH and Alta will support the City 's one- on-one outreach with neighbors adjacent to the project as needed. This support can come from brainstorming outreach methods, technical assistance, or meeting with neighbors directly. 5.03 Bicycle Pedestrian Meetings: H MH and Alta will attend two Bicycle Pedestrian Commission (BP() meetings, one at the start of the project and a second around the 65 percent design phase of the project. Alta will develop any outreach materials needed including handouts and presentations , with support from HMH . 5.04 Public Outreach Report Alta will develop a report that details the full public outreach process , timeline of activities, level of participation, and community feedback. The report 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 . The report will include an executive summary. 5.05 Deliverables: • Agendas, presentations , posters, handout materials for three public meetings • Sign-in sheets, comment card s, and photos for three public meetings • Presentation, handout materials , and notes from two BPC meetings • Community Outreach Summa ry Report Task 6.0: 65% Construction Document Development Consultant will refine the preferred alternative to a 65 % design completion level. 6.01 Meetings: Participate in meetings with representatives of the City and SCVWD during the 65 % Construction Document phase and provide written meeting minutes to the City within two (2) business days. 6.02 65% Plans: Prepare 65 % Design Plans and submit to the City for review and comment. 65 % plans shall include revisions and updates of plans submitted as Preliminary Design resulting from City direction or public engagement. 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 property easements or property transfers in fee to construct the proposed improvements . HMH Engineers Regn art Creek Tra ii Page 7 of 12 Service Order #9 The following types of plans may be prepared: • Title Sheet, Legend and Notes • Typica I Cross Sections • Improvement Plans and Profiles • Construction Details • Drainage and Utility Relocation Plans • Bridge Plans 6.03 Draft Technical Specifications: Prepare Draft Technical Specifications and submit to the City for review. The Technical Specifications may reference City or Caltrans Standard Specifications for the various items of work, including measurement and payment provisions . 6.04 65% Cost Estimate: Prepare a 65% Estimate of Probable Construction Cost based on items and quantities of work shown on the ~5% 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 . 6.05 Deliverables: (all deliverables shall be in a PDF format unless otherwise noted) • Meeting Minutes • 65% Design Plans • Draft Technical Specifications • 65 % Construction Cost Estimate Task 7 .0: 95% Construction Document Development The 95% Construction Documents are a substantially complete iteration of the Design Documents and are to be based on comments received for the 65% Design Documents Submittal review . The 95% Plans, 95 % Technical Specifications and 95% Cost Estimate shall be submitted together. 7.01 Meetings: Participate in meetings with representatives of the City and SCVWD during the 95% Construction Document phase and provide written meeting minutes to the City within two (2) business days . 7.02 95% Plans: Prepare 95% Design Plans and submit them to the City for review . 7.03 95% Technical Specifications: Update the Draft Technical Specifications and submit the 95% Technical Specifications to the City for review . The technical specifications are to HMH Engineers Regna rt Creek Trail Page 8 of 12 Service Order #9 reference City or Caltrans Standard Specifications for the various items of work, including measurement and payment provisions . 7.04 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 judgment and experience with similar local projects and recent construction bids . 7.05 Deliverables: (all deliverables shall be in a PDF format unless otherwise noted) • 95% Deign Plans • 95% Technical Specifications • 95% Construction Cost Estimate Task 8.0: Final (100%) Construction Document Development The 100% Construction Documents are the final iteration of the Design Documents and are to be based on comments received for the 95% Design Documents Submittal review. The 100% Plans, 100% Technical Specifications, and 100% Cost Estimate shall be submitted together in PDF format on a digital media flash drive. In addition, provide one (1) 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 previously provided comments are appropriately integrated. Design Professional will make any reasonable changes to the 100% Plans and Technical Specifications that are requested by City. 8.01 100% Plans: Prepare 100% Design Plans and submit them to the City. 8.02 100% Technical Specifications: Update the Technical Specifications and submit the 100% Technical Specifications to the City . 8.03 100% Cost Estimate: Prepare a 100% Estimate of Probable Construction Cost as needed based on items and quantities of work shown on the 100% Plans . 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 . 8.04 Deliverables: (all deliverables will be in PDF format unless otherwise noted) • 100% Plans (digital+ one hard copy) • 100% Technical Specifications (digital+ one hard copy) • 100% Cost Estimate HMH Engineers Regnart Creek Trail Page 9 of 12 Service Order #9 Task 9.0: Bid and Award Support (T&M) 9.01 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. 9.02 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 Technical Specifications. 9.03 Project Document Conformance: Update the Construction Document package to include all addenda issued during the bid phase and submit a Conform Set of Drawings and Specifications to the City within ten (10) days of the contract award . The Design Professional shall provide one (1) 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 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 . 9.04 Deliverables: (all deliverables digital unless otherwise noted) • Written response to Bidders' questions • Written evaluation of substitution submittals • Project Addenda • Conformed Project Documents Task 10.0: Construction Support (T&M) 10.01 Submittal Review: Review and take action on 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 Design Professional shall maintain a detailed record of submittals and content supplied by the Contractor. 10.02 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) HMH Engineers Regnart Creek Trail Page 10 of 12 Service Order #9 working days of receipt. The Design Professional's response may provide, with advance City approval, supplemental sketches or drawings and specification information necessary to clarify the RFI. 10.03 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. 10.04 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. 10.05 Deliverables: (all deliverables digital unless otherwise noted) • Responses to submittals, submittal log • Responses to Requests for lnfomation • Review comments for City prepared Change Orders • Meeting Minutes Task 11.0: Record Drawings (T&M) 11.01 Prepare Record Drawings from City provided Contractor as-built mark up. 11.02 Provide one (1) 24" x 36" hard copy as well as PDF and AutoCAD format electronic copies of the final record drawings . 11.03 Deliverables • Record Drawings HMH Engineers Regnart Creek Trail Page 11 of 12 Service Order #9 Assumptions and Exclusions The following assumptions were made in preparation of this scope of work: • 65% design of the project is an iteration of proposed "Trail Route Alternative 1" from the Regnart Creek Trail Feasibility Study. • SCVWD will provide Right-of-Way acces s for community meetings and field review of constraints . • No additional Right -of-Way will be acquired for the proposed project. • No trees will be removed for the proposed project . • Temporary construction easements may be required for the construction and replacement of fencing and privacy screening. • The City is responsible for completing joint use and trail maintenance agreements. • Structure abutments and railings will be outside the existing top of bank . • Bridge superstructure design is not included in this scope of work. • Surface water will be diverted away from the creek . • Lighting is limited to trail heads and roadway crossings . • Security cameras and emergency phones will not be installed along or near the trail. • City staff will review and provide arborists services. • 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 support of challenge to or litigation of the environmental document is included in this scope of work. HMH Engineers Regn art Creek Trail Page 12 of 12 HOURLY FEE SCHEDULE + IM I i- HMH C g, Cl Regn art Cr eek Trail ,l' ·~ J!l En vi ro nmental and PS&E Ph ase ~ ~ ~ I!! C C ~~ C C: .. fil m .. !! II) w ~j ~-~ 'C 3: 0 w .. a: • ~~ :i 0 if 0 C 0 'E u. -~ ~~ ~ ~u 8 • n. II) .. ..J Cit y of Cuperti no ~ 0 C Cl C: .. [ i~ m ~~ u, ro hl -; 0 u I-0 u::e C u II) 0 u " ~~ ~ 'i: "C .s: "' I-:s C a C ·;;: "' "' 1215/2018 J 1;' 0 ~ . .. •;: iii "' ~ ~ w ii: C .. I-~ i" w .'! n. 0 w $190.00 S 152.00 $152.00 S 174.00 $ 254.00 " 0 u. ::1 " " " TASK i ~ ~ " " TASK1 Project Man agement and Coordinati on 1.01 Project Management and Coordination 30 10 40 57,220.00 $7,220 1.02 Meeting Preparation and Attendance 16 30 46 $7,600.00 $7,600 1.03 3rd Party Utility Coordination 12 16 $4,712.00 $4,7 12 TA SK 1 SUBTOTAL 58 56 114 $19,532.00 $1',532 TAS K2 Environmental Documents 2.01 Perparalion of Initial Study and Mitgated Negative Declaration 12 20 $3,496.00 $60,000 $63,496 2.02 Project Coordination and Meeting Attendance $1 ,520.00 $12,480 S14 ,000 2.03 Preparation of Notices $2,000 $2,000 TASK 2 SUBTOTAL 20 28 $5,016.00 $74,480 $79,496 TASK3 Data Collectlon 3.01 Topographic Survey 60 64 S15,936.00 $15,936.00 3.02 Base Mapping 20 20 $3,040.00 SJ,040.00 TASK 3 SUBTOTA L 20 60 .. $18,976 $18,976 TASK4 Geotechnical Engineering Servic es 4.01 Research and Data Coll ection $2,400 S2 ,400.00 4.02 Field Exploration $17,050 517,050.00 4.03 Laborartory Tes ting $3,100 $3,100.00 4.04 Soil Analysis/Evaluation S6,750 $6,750.00 4.05 Draft Geotechnical Investigation Report S1 .064.00 $5,650 $6,714.00 4.06 Fina l Foundation Report $1 ,064.00 $5,050 56,114.00 TASK 4 SUBTOTAL 12 $2,128 $40,000 $42,128 TASKS Community Outreach 6.01 Com mu nity Workshops 12 28 40 $6,536.00 $12,480 $19,016.00 5.02 Resident Com munication 28 28 $4,256;00 $12,630 516,886.00 6,03 Bicycle Pedestrain Meetings $1 .368.00 $8,790 $10,158.00 5,04 Public Outreach Report S6,870 $6,870.00 TAS K 5 SUBTOTAL 16 60 76 $12,160.00 $40,770 $52,930 TASK& 65%Plans 6.02 65%Plans 36 17' BO 290 $45,448.00 $15,340 $60,788.00 6.03 Draft Technic al Specifications 30 30 $4,560.00 $1 ,520 $6,080.00 6.04 65% Cost Estimate 16 16 $2,432.00 S2,250 S4 ,682 .00 6.05 Supplemental Field Survey 20 20 $5,080.00 $5,080.00 TASK 6 SUBTOTA L 36 220 80 20 356 $57 ,520 $19,110 $76,630 TASK7 95%Plans 7.02 95% Plans 10 105 36 151 $23,332.00 $6,030 $29,362.00 7.03 95% Technical S pecifications 10 10 $1,520.00 $1,520.00 7.04 95%Cos1Estimate $1,2 16.00 S1 ,2 16.00 TASK 7 SUBTOTAL 10 123 36 169 $26,068 $6,030 $32,098 TASK8 Final (1009/~) ConstrucHon Docume nts 8,01 100% Plans 36 10 49 $7,562.00 $1 ,520 $9,082.00 8.02 100%Technical Specfications $1 ,216.00 53,300 $4 ,516.00 8,03 100% Cost Estimate $608.00 $1 ,090 51 ,698.00 TASK 8 S UBTOTAL 48 10 61 $9,386 $5,910 S15 ,296 TASK9 Bid Award and Support 9,01 Bid Period Assistance S912.00 $912.00 9.02 Addenda Preparation S9B8.00 $1,430 $2,418.00 9,03 Project Document Conformance S494.00 S494.00 TASK 9 SU BTOTA L 14 $2,394 $1,430 $3,824 TASK 10 Construc tion Support 10.01 Su bmittal Review S988.00 $4,050 $5,038.00 10.02 Requests for Informatio n 12 $1,976.00 $2,450 $4 ,426.00 10.03 Change Orders 10 16 $2,660.00 $2,660.00 10.04 Site Meetings 13 $2,280.00 S2 ,280.00 TA SK 10 S UBTOTAL 20 27 '7 $7,904 $6,500 $U,404 TASK11 Re cord Drawi ngs 11 .01 Record Drawings 16 18 $2,812.00 $1 ,020 $3,832.00 TASK 11 SUBTOTAL 16 " $2,812 $1 ,020 $3,832 I TOTAL 180 569 126 80 979 $163,896 $40,770 S74,4 80 $40,000 $40,000 $359,1 46 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO.10 MASTER AGREEMENT NO.:2018-005 M A Date:March 21,2018 MA Maximum Compensation:-$1,000,000.00 MA Term:NTP: March 21,2018 MA END DATE:June 30,2020 Consultant: HMH Engineers,Inc. 1570 Oakland Road San Jose,CA 95131 Contact:Jon Cacciotti Phone: (408)487-2200 Project Description: Project Name: Regnart Creek Trail oDescription:See the Scope of Services in the attached proposal. This Service Order does NOT include the optional tasks shown. City Project Management Managing Department:Public Works Project Manager:David Stillman Fiscal/Budget Amount Master Agreement Maximum Compensation: $1,000,000.00 Total Previously Encumbered to Date: $669,452.00 Encumbrance this Service Order: $160,570.00 Total Liquidated Encumbrance: $0.00 Master Agreement Unencumbered Balance: $169,978.00 Account No.:420-99-036-900-905-ST 039-02-02 �D Zd'Z� �j 1 0 Project Manager: Date: `2 APPROVALS Consultant: Date: CIP Manager: Date: (�/i /jg jr 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: ( k VL Date: Ll Mafia gement Analyst City of Cupertino Master Agreement Page 1 of 1 Service Order No.10 CLIENT: City of Cupertino JOB No.: 5283.10 Additional DATE: 10/25/19 �� awl■ PROJECT INFORMATION Project: Regnart Creek Trail — Environmental and Design Phase Agreement# 2018-005; Service Order No.,9' !o 0 As requested by the City of Cupertino (CITY), HMH proposes to provide the following additional services to be incorporated by Amendment or separate Task Order to Service Order#9, dated 12/3/18 of Master Agreement 2018-005, dated 312112018. All other terms of our original agreement remain unchanged. Project Description The Regnart Creek Trail is a proposed facility which would provide an off-street alternative for bicyclists and pedestrians to access nearby destinations including Cupertino Civic Center, Cupertino Public Library, Wilson Park, Creekside Park, nearby schools, and residential neighborhoods. The project would exist along the Valley Water(VW) maintenance access road adjacent to the Regnart Creek from Pacifica Drive to E Estates Drive where it would connect to the existing trail to Creekside Park. The preferred alternative from the CITY's 2018 Regnart Creek Feasibility Study is included as the basis of the project in Appendix A except as modified below: Trail Access: Trail heads and access points will be provided at Torre Avenue, Pacifica Drive, Cupertino Civic Center, Rodrigues Avenue, S Blaney Avenue, Wilson Park, and E Estates Drive. Trailheads will not include enhanced landscape amenities or furniture. Trail Surface: The surface of the trail will be decomposed granite. Roadway Crossings: Where the trail intersects roadways at S Blaney Avenue and E Estates Drive, safety features such as high visibility crosswalks, raised crosswalks, bulbouts, medians, and rapid rectangular flashing beacons (RRFBs)will be installed to allow trail users to cross the road. Privacy Screening: The need for privacy screening between residential properties and the trail varies along the trail corridor. Installation and type of privacy screening will be installed on an as-needed basis. Railing: Railing near the top of bank will be considered to prevent trail users from entering the creek. Railing types and locations will be determined and designed as part of this scope of work. Bridges: One pedestrian bridge that will cross the creek will be constructed between S Blaney Avenue and E Estates Drive. The structural design of bridge abutments is included in this scope of work. The design and selection of the bridge superstructure is not included in this scope of work. i ► ' I=M7CLIENT INITIALS f ON QUALITY, & COMMITMENT SINCE 1976 CCaNSULTANT INITIALS planning-civil engineering•public works•landscape archileclure•land surveying 1 OF 6 Maintenance Ramp Relocation: The existing VW maintenance ramp will be relocated to the north side of Regnart Creek at Wilson Park to the west of the existing baseball diamonds. The existing ramp will be filled in to accommodate a continuous trail alignment on the south side of Regnart Creek. SCOPE OF SERVICES Design Professional will perform the following scope of services based on our understanding of the revised project description: Task 1.11 — Project Management Design Professional will perform Project Management Tasks as defined in the base agreement for the extended duration of the Project due to changes in project definition: Design Professional will assign a dedicated 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. Task 1.12—Meeting Preparation and Attendance Design Professional will perform Meeting Preparation and Attendance Tasks defined in the base agreement for the extended duration of the Project due to changes in project definition: Design Professional will attend project meetings with City staff and SCVWD, and other project stakeholders, as necessary. Task 1.20—Exploration of Alternative Trail Configurations Design Professional will support the CITY to explore Alternative configurations for presentation to Council. Efforts include cost estimating, risk assessment, project definition, schedule implications, permitting requirements and exhibits. Design Professional will prepare overview concepts and order-of-magnitude cost estimates of Alternative 4, a parallel route to the Trail which will utilize Pacifica Drive and La Mar Drive. Task 2.11 — Revisions to Technical Studies and Environmental Document At the time of our original contract, it was assumed that all bridge abutments would be located outside the channel and no work would be completed within the creek banks. However, the revised project description intends to relocate the access ramps to the north bank and removed from the south bank, • ITY [:jL1:ENT INITIALS COMMITMENTSUCCESS BUILT ON SERVICE, CONSULTANT INITIALS planning-civil engineering•public works•landscape architecture•land surveying 2OF6 and that permits will be required. Design Consultant will provide updates to the previous biological resources report they prepared for the project. Task 2.12—Permit Applications At this time, we anticipate that permitting through the Regional Water Quality Control Board and California Department of Fish and Wildlife would be needed for impacts to the Regnart Creek banks. It is also assumed that permitting by the U. S. Army Corps of Engineers will also be required. Design Consultant will prepare the following agency permit application packages: RWQCB 401 Certification/Waste Discharge Requirement Application Package Water quality certification/waste discharge requirement application to submit to the RWQCB, The complete permit package will also include Form R2C502-E and several additional materials. The submittal will include all copies of the CEQA documents, all correspondence with USACE and RWQCB staff, impact assessment, and project drawings. Processing fees for handling the application will be paid by the project applicant. CDFW 1600 Notification Application Package Permit materials in support of a 1600 Streambed Alteration Agreement for submittal to the CDFW. This includes completion of Form FG 2023, Lake and Streambed Alteration Program Project Questionnaire, all copies of environmental documentation, all correspondence with USACE, RWQCB, and USFWS and/or NMFS staff, impact assessment, and project drawings. Processing fees will be paid by the project applicant. USACE Section 404 Nationwide Permit Application Package Nationwide Permit application package for submittal to the USACE that includes Eng. Form 4345/Regional PCN forms, a project description, summary of previous environmental studies, and an assessment of impacts and discussion of suitable mitigation measures. Task 2.13—Shade Study As an optional task, if directed by the CITY, Design Professional will conduct a Shade Study to depict impacts to the creek as a result of the proposed bridge. This is an optional task, dependent on regulatory requirements. Task 2.14—Wetland Delineation As an optional task, if directed by the CITY, Design Professional will perform a technical wetland delineation to accurately determine the amount of wetlands under the bridge deck. This will minimize or t • CLIENT INITIALSSUCCESS BUILT COMMITMENTN SERVICE, QUALITY, • CC►NSULTANT INITIALS planning•civil engineering•public works•landscape architecture•fond surveying 3OF6 potentially avoid the wetland shading mitigation burden with the RWQCB. This is an optional task, dependent on regulatory requirements. Task 5.20—Response to Public Letters In support of the CITY, Design Professional will provide support services to the city to response to letters from the public inquiring regarding the Project. Task 6.12—65% PS&E Resubmittal Design Professional will prepare a resubmittal of the 65% PS&E addressing CITY comments. The resubmittal of the 65% PS&E will update elements based on CITY input. The resubmittal will not progress design elements beyond the 65% level. Task 6.20—Creek Hydraulic Modeling &Scour Considerations Design Professional will perform hydraulic modeling and scour analysis to recommend scour resistant treatments for the bicycle and pedestrian bridge. Task 7.12—Design Modifications Design Professional will modify the plans, specifications and estimate to incorporate the following changes to the Project: - Relocation of the maintenance ramp - Removal of trail head features - Removal of drainage systems along the trail Change in trail surface Incorporation of Alternative 4 bulb outs, signing and striping Removal of the west bridge Relocation of the east bridge Task 7.20- Plat Map and Legal Description Design Professional will prepare a plat map and legal description for the property transaction between the CITY and VW anticipated at the Wilson Park site adjacent to Parkside Lane. Design Professional will acquire a Title Report and provide to CITY. The Title Report will be used to identify any encumbrances to the subject property. SUCCESS BUILT ON SERVICE, QUALITY, CLIENT INITIA15 • • CONSULTANT INITIALS Y planning•civil engineering-public works-landscape architecture-land surveying 4 OF 6 COMPENSATION Services performed on a Time and Materials (T&M) basis as designated below shall be invoiced based upon the actual hours expended by each employee classification for the services performed on the project multiplied by the hourly charge rate for that employee classification as shown on the Charge Rate Schedule in the Agreement. An initial, estimated budget has been established for each Charge Rate task. Services performed on a Fixed Fee (FF) basis as designated below shall be invoiced based upon the percentage of the services completed during the invoiced billing period. For providing the services included in the Scope of Services, Client shall compensate Consultant as follows: TASKS FEE 1.11 — Project Management $ 12,000 T&M 1.12—Meeting Preparation and Attendance $ 15,000 T&M 1.20— Exploration of Alternative Trail Configurations $ 15,820 FF 2.11 — Revisions to Technical Studies and Environmental Document $ 13,100 T&M 2.21 —Permit Applications $ 48,700 T&M 5.20— Response to Public Letters $ 2,400 FF 6.12—65% PS&E Resubmitta! $ 6,800 FF 6.20—Hydraulic Analysis and Scour Considerations $ 15,750 FF 7.12—Design Modifications $ 28,500 FF 7.20 — Plat Map and Legal Description $ 2,500 FF TOTAL $ 160 570 OPTIONAL TASKS FEE 2.13—Shade Stud (Optional) $ 8,000 FF 2.14—Wetland Delineation (Optional) $ 11,350 FF TOTAL $ 19,350 EXCLUSIONS This Agreement does not constitute any express or implied warranty that the jurisdictional agencies will approve the applications. This is not intended to represent a complete list but is added only for clarity. The following has been excluded from this scope: • Permit/Application Fees—This is assumed to be paid by the City. • Design of required mitigation features—This will be authorized by separate Task Order. • Mitigation and Monitoring Plan (MMP) - This will be authorized by separate Task Order.. • Mitigation Monitoring and Coordination -This will be authorized by separate Task Order. • This scope of work does not include Temporary Construction Easements which may be required to facilitate fence replacement on private property lines. ♦ SUCCESS BUILT • QUALITY, CLIENT INITIALS COMMITMENT •76 CONSULTANT INITIALS planning•civil engineering•public works•landscape architecture�land surveying 5OF6 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. 11 MASTER AGREEMENT NO.:2018-005 M A Date:March 21,2018 MA Maximum Compensation:-$1,000,000.00 MA Term:NTP: March 21,2018 MA END DATE:June 30,2020 Consultant: ED H Engineers,Inc. 1570 Oakland Road San Jose,CA 95131 Contact:Jon Cacciotti Phone: (408)487-2200 Project Description: Project Name: Orange Avenue Sidewalk Improvements Description:PrQvide survey and staking as re!guired.D ° plans, fi ati 7 estimate to 95%based on comments received. Develop 95%plans,specifications, and estimate to 100%based on comments received.Provide bid and award support,construction support,and record drawings on a T&M basis as requested.Work is to conform to appropriate Scope of Services description as described in Exhibit A of the Master Agreement. City Project Management Managing Department:Public Works Project Manager:John Raaymakers Fiscal/Budget Amount Master Agreement Maximum Compensation: $1,000,000.00 Total Previously Encumbered to Date: $830,022.00 Encumbrance this Service Order: $78,846.00 Total Liquidated Encumbrance: $0.00 Master Agreement Unencumbered Balance: $91,132.00 Account No.:270-90-958-900-905-ST 013-02-02 QQ Project Manager: / Date: APPROVALS Consultant: Date: (17ZI 7 CIP Manager. moo/ - Date: Appropriation Certification I hereby certify that an unexpended appropriation is available in the above fund 11 for the above contract as estimated and that fund are available as of this date of signature. City Finance: Date: Bement Analyst City of Cupertino NiF Master Agreement Page 1 of 1 Service Order No.11 HOURLY FEE SCHEDULE Orange Public Improvements m Design Phase 3 M m a m m CL cm •grn � m 0 r City of Cupertino "1 10 m... 0 m W -off w m Z u e'n w 211 312 01 8 �? a $ 220.00 $ 160.00 i$ 148.00 S 188.00 S 168.00 $ 250.00 F ~O TASK HOURS a TASK 1.0-Field Staking 1.01 Right of Way Staking 0.5 1 4 16 22 $4,910 1.02 PG&E Staking 0.5 1 2 9 12 $2,574 TASK SUBTOTAL 1 2 6 24 33 $7,484 TASK 2.0-95%ConstruCHon Document Development 2.01 Meetings 8 12 20 $3,216 2.02 95%Plans 4 30 80 12 126 $20,136 2.03 95%Tech Specs 1 8 2 11 $1 956 2.04 95%Cost Estimate 0.5 4 8 13 $2,014 TASK 2 SUBTOTAL 5.5 50 1 102 1 12 1 169.5 $27,322 TASK 3.0-Final(1001/4 Construction Documents 3.01 100%Plans 4 6 40 4 54 $7,880 3.02100%Tech Specs 1 8 9 $1,660 3.03 100%Cost Estimate 4 4 8 $1,312 TASK 3 SUBTOTAL 5 18 44 4 71 $11,524 TASK 4.0-Bid Award and Support 4.01 Bid Period Assistance 10 6 16 $2,688 4.02 Addenda Preparation 2 6 8 16 $2.704 4.03 Project Document Conformance 2 4 12 18 $2.936 TASK 4 SUBTOTAL 4 20 26 50 $8,328 TASK 5.0-Construction Support 5.91 Submittal Reuew 1 18 12 31 $5,236 5.02 Requests for Information 1 20 8 29 $5,004 5.03 Change Orders 2 12 20 34 $5,560 5.04 Site Meetings 20 10 30 S5,080 TASK 5SUBTOTAL 4 70 1 50 1 1 124 $20,880 TASK 6.0-Record Drawings 6.01 Prepare Record Drawings 1 4 16 21 $3,308 TASK 6 SUBTOTAL 1 4 16 21 $3,308 TOTAL 20 163 240 16 6 24 436 $78,846