CITY OF
DESIGN PROFESSIONAL SERVICES AGREEMENT (SINGLE)
WITH DAVID L GATES & ASSOCIATES
CUPERTINO
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (City"), and David L Gates & Associates ("Consultant"), a Corporation for Memorial Park Specific Plan ("Project"), and is effective on the last date signed below ("Effective Date").
2. SERVICES
2.1 Basic Services. Consultant agrees to provide the Basic Services for the Project, which are set forth in detail in the Scope of Services, attached here and incorporated as Exhibit A, and as further specified in Consultant's written Proposal as approved by City, except for any provision in the Proposal which conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as otherwise expressly rejected by City. Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.
2.2 Additional Services. City may request at any time during the Contract Time that Consultant provide additional services for the Project, which are not already encompassed, expressly or implicitly, in the Agreement, the Scope of Services, or the Proposal ("Additional Services"). Additional Services must be authorized in writing by City and Consultant will not be paid for unauthorized Additional Services rendered. Additional Services are subject to all the provisions applicable to Basic Services, except and only to the extent otherwise specified by City in writing.
All references to "Services" in the Agreement include Basic Services and Additional Services, unless otherwise stated in writing. The Services may be divided into separate sequential tasks, as further specified in this Agreement, the Scope of Services, and Consultant's Proposal.
Consultant is solely responsible for its errors and omissions and those of its subconsultants, and must promptly correct them at its sole expense. Consultant must take appropriate measures to avoid or mitigate any delay, liability, and costs resulting from its errors or omissions.
3. TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and ends on December 31, 2024, unless terminated earlier as provided herein ("Contract Time"). The City's appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy.
3.2 Schedule of Performance. All Services must be provided within the times specified in Exhibit B, Schedule of Performance, attached and incorporated here. Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Parties adequate opportunity to address or mitigate delays. If the Services are divided by tasks, Consultant must begin Memorial Park Specific Plan
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work on each separate task upon receiving City's Notice to Proceed ("NTP"), and must complete each task within the time specified in ExhibitB.
3.3 Time is of the essence for the performance of all the Services. Consultant must have sufficient time, resources, and qualified staff to deliver the Services on time.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Basic Services and Additional Services, if approved, a cumulative total amount that will be capped so as not to exceed $491,589.00 ("Contract Price"), as specified 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.
Basic Services. City will pay Consultant $409,589.00 ("Lump Sum Price") for the complete and satisfactory performance of the Basic Services in accordance with Exhibit C. The Lump Sum Price is inclusive of all time and expenses, including, but not limited to, sub-Consultants' costs, materials, supplies, equipment, travel, taxes, overhead, and profit. If the Basic Services are not fully completed, Consultant will be compensated a percentage of the Lump Sum Price proportionate to the percentage of Basic Services that were completed to City's reasonable satisfaction.
4.3 Additional Services. City has the discretion, but not the obligation, to authorize Additional Services up to an amount not to exceed $82,000.00 Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site.
4.4 Invoices and Payments. Monthly invoices must describe the Services completed and the Amount due for the preceding month. City will pay Consultant within thirty (30) days following receipt of a properly submitted and approved invoice for Services. The invoice must separately itemize and provide subtotals for Basic Services and Additional Services, and must state the percentage of completion for each task, as specified in Exhibit C. City will notify Consultant in writing of any disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement is unresolved, City will pay Consultant only for the undisputed portion of the Services. Disputed amounts shall be subject to the Dispute Resolution provision of this Agreement. a. Time and Expenses. For Additional Services provided on an hourly basis, each invoice must also include, for each day of Services provided: (i) name and title of each person providing Services; (ii) a succinct summary of the Services performed by each person; Memorial Park Specific Plan
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b. Rates and Receipts. All hourly rates and reimbursable expenses must conform to the City- approved rates set forth in Exhibit C, which will be in effect for the entire Contract Time. Each invoice must attach legible, dated receipts for Reimbursable Expenses.
5. INDEPENDENT CONTRACTOR
5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture of the City. Consultant is solely responsible for the means and methods of performing the Services and shall exercise full control over the employment, direction, compensation and discharge of all persons assisting Consultant in performing the Services. Consultant is not entitled to health benefits, worker's compensation, retirement, o any City benefit.
5.2 Qualifications and Standard of Care. Consultant represents on behalf of itself and its sub- Consultants that they have the qualifications and skills to perform the Services in a competent and professional manner, as exercised by design professionals performing similar services in the San Francisco Bay Area. Services may only be performed by qualified and experienced personnel or subconsultants who are not employed by City and do not have any contractual relationship with City excepting this Agreement. All Services must be performed as specified to City's reasonable satisfaction.
5.3 Permits and Licenses. Consultant warrants on behalf of itself and any sub-Consultants that they are properly licensed, registered, and/or certified to perform the Services, as required by law, and that they have procured a valid City Business License, if required by the Cupertino Municipal Code.
5.4 Sub-Consultants. Unless prior written approval from City is obtained, only Consultant's employees and sub-Consultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all sub-Consultants to furnish proof of insurance for workers' compensation, commercial liability, auto, and professional liability in reasonable conformity to the insurance required of Consultant. The terms and conditions of this Agreement shall be binding on all sub-Consultants relative to the portion of their work.
5.5 Tools, Materials, and Equipment. Consultant will supply and shall be responsible for all tools, materials, and equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Consultant and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Consultant shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Consultant's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Consultant. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Consultant, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Consultant agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City Memorial Park Specific Plan
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as a result of such determination, so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made.
5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of its sub-Consultants, and must take prompt measures to avoid, mitigate, and correct them at its sole expense.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
During the Contract Time, Consultant may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Consultant shall hold in confidence all City information and use it only to perform this Agreement. Consultant shall exercise the same standard of care to protect City information as a reasonably prudent Consultant would use to protect its own proprietary data.
7. OWNERSHIP OFMATERIALS
7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest (including copyright interests) of Consultant in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium, prepared by Consultant under this Agreement ("Work Product"), will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to a third-party without prior written approval by City
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all copyrights to the Work Product prepared/created by Consultant and its sub-Consultants and all copyrights in such Work Product shall constitute City property. If it is determined under federal law that the Work Product is not "works for hire," Consultant hereby assigns to City all copyrights to the Work Product when and as created, and shall require sub-Consultants to do the same. Consultant may retain copyrights to its standard details, but hereby grants City a perpetual, non-exclusive license to use such details.
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 property if incorporated into the Services or Work Product of this Agreement.
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 its sub-Consultants to execute or implement any of the following, but Consultant shall not be responsible or liable 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 personnel, agents or other Consultants; (c) To make subsequent additions to the original Services; and/or d) For other City projects.
Deliverables and Format. Electronic and hard copies of the Work Product constitute part of he 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-scale architectural plans and similar Memorial Park Specific Plan
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items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats.
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 information about Consultant's performance, benchmarks, and deliverables. The records and supporting documents must be kept separate from other files and maintained for a period of four (4) years from the date of City's final payment.
8.2 Consultant will provide City full access to Consultant's books and records for review and udit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data locuments, proceedings, and activities related to this Agreement. If a supplemental examination o 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. If this is a lump sum fee Agreement, City will be provided access to records of reimbursable expenses and the instruments of service/deliverables for review and audit. This Section 8 survives the expiration/termination of this Agreement.
8.3 Consultant acknowledges that certain documents generated or received by Consultant in connection with the performance of this Agreement, including but not limited to correspondence between Consultant and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Consultant shall comply with all laws regarding the or in such manner as the City reasonably directs that such records be provided.
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 to do so will be null and void. Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld. For purposes of this provision, control means fifty percent (50%) or more of the voting power of the business entity. This Agreement binds Consultant, its heirs, successors and assignees.
10. PUBLICITY/SIGNS
Any publicity generated by Consultant for the project under this Agreement, during the term of this project possible. The words eat of uperin" wil be display in ail pieces of pomicry, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. No signs may be posted, exhibited, or displayed on or about City property, except signage required by law or this Agreement, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law and except for losses caused by the sole or active Memorial Park Specific Plan
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negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold harmless the City as follows:
Indemnity for Design Professional Liability: With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its officers, officials, agents, employees, and volunteers (collectively and/or individually "City") from and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without limitation, costs, attorneys' fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, servants, agents, or subcontractors (collectively and/or individually "Consultant"), in the performance of this Agreement or failure to comply with any obligations of the Agreement. If it is finally determined (through a non-appealable judgment or an agreement between City and Consultant) that liability is caused by the comparative negligence or willful misconduct of City, then Consultant's indemnification and hold harmless obligation shall not exceed Consultant's finally determined percentage of liability based upon the comparative fault of Consultant.
Irrespective of any language to the contrary in this Agreement, the Consultant has no duty to provide or to immediately pay for an up-front defense of City against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys' fees, and expert fees) incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct of Consultant. In no event shall the cost to defend charged to Consultant exceed Consultant's proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California Civil Code.
b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold harmless 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 proprietary or intellectual property rights, which arises out of, pertains 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, expert fees, and all other costs and fees of litigation.
C. Claims for Other Liability. Except as provided in subsections 11.1(a) and (b), to the fullest extent permitted by law, Consultant shall hold harmless, defend (with counsel agreed to by City), and indemnify City and its officers, officials, agents, employees, and volunteers (collectively and/or individually "City") from and against any and all liability, claim, loss, damage, expense, costs (including, without limitation, costs, attorneys' fees, and expert fees of litigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Consultant or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the City.
Consultant's duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein.
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11.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute, or lawsuit arising out of this Agreement. Consultant's duties herein are not limited to or subject to the Contract Price, to Workers' Compensation claims, or to the Insurance or Bond limits and provisions Vothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee.
11.3 • Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related to Consultant's indemnification duties, including reasonable attorney fees, fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a purchase order, another transaction, litigation, or dispute resolution. Without waiving any rights, City may deduct money from Consultant's payments to cover moneys due to City.
11.4 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
11.5 This Section 11 shall survive expiration or termination of this Agreement.
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 Consultant has submitted and City has reasonably approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Alternatively, City may terminate this Agreement or in its sole discretion purchase insurance at Consultant's expense and deduct costs from payments to Consultant.
13. COMPLIANCE WITHLAWS
13.1 General Laws. Consultant shall comply with all 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 perform. Consultant is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act, or other federal or state law, rule or regulation.
13.2 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 pertaining to working days, overtime, 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.
13.3 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 Memorial Park Specific Plan
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Government Code Section 12900 and 11135, and Labor Code Section. 1735, 1777, and 3077.5.
Consistent with City policy prohibiting it, Consultant understands that harassment and discrimination by Consultant or any of its sub-Consultants toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. Consultant agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.
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 warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement in violation of California Government Code Section 1090 et seq. Consultant may be required to file a conflict of interest form if Consultant makes certain governmental decisions or serves in a staff capacity, as provided in Section 18700 of Title 2 of the California Code of Regulations and other laws. Services may only be performed 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 is familiar with and agrees to abide by the City's rules governing gifts to public officials and employees.
13.5 Remedies. A violation of this Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating 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 Ayano Hattori, who shall have the authority to manage this Agreement and oversee the progress and performance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative.
14.2 Consultant Project Manager. Subject to City's reasonable approval, Consultant's Project Manager for all purposes under this Agreement will be Michael Freitag, 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 thirty (30) calendar days written notice to Consultant.
Consultant will be compensated for satisfactory Services performed through the date of abandonment 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 (10%) of the total time expended to the date of abandonment. All charges including job closure costs will be paid in accordance with the provisions of this Agreement and within thirty (30) Memorial Park Specific Plan
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16. TERMINATION
City may terminate this Agreement for cause or without cause at any time, following reasonable written notice to Consultant at least thirty (30) calendar days prior to the termination date. Consultant will be paid for satisfactory Services rendered through the date of termination, 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 thirty (30) days of Consultant's final invoice.
17. GOYERNING LAW, VENUE, AND DISPUTE RESOLUTION
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This Section 18 survives the expiration/termination 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 represents the full and complete understanding of the Parties, of every kind or nature, between them. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of this main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
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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 insertion 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 terms or provisions of this Agreement.
24. SEVERABILITY PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions 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
26. NOTICES
All notices, requests, and approvals must be sent to the persons below in writing to the persons below, and will be considered effective on the date of personal delivery, the delivery date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:
To City of Cupertino: To Consultant:
Office of the City Manager David L Gates & Associates
10300 Torre Ave. 1655 N. Main St, Suite 365
Cupertino, CA 95014 Walnut Creek, CA 94596
Attention: A yano Hattori Attention: Michael Freitag
Email: [email protected] Email: [email protected]
27. EXECUTION
The person executing this Agreement on behalf of Consultant represents and warrants that Consultant has the right, power, and authority to enter into this Agreement and carry out all actions herein, 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 counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the Effective Date stated earlier in this Agreement.
CITY OF CUPERTINO DAVID L GATES & ASSOCIATES
A Municipal Corporation
By_ By a0r
Name_ Name Casey Case
Title_ Title President
Date Date Jun 30, 2022
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date_
-
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EXHIBIT A
TASK 1 - The purpose of this task is to define project expectation and schedule and to proactively manage PROJECT INITIATION project to ensure transparent resolution of project challenges.
AND CITY
COORDINATION
Subtask 1.1 - Kickoff meeting with City staff. We anticipate that the following will be discussed at this Project Initiation meeting:
• Review project goals and challenges.
• Roles and communication protocols between team members and City staff. • Identify potential stakeholders.
• Review community outreach strategy.
• Discuss and adopt a baseline schedule with key milestones for the project • Identify background / resource materials.
Subtask 1.2 - Weekly Host weekly Check-in Meetings as needed to review project schedule, programs and issues.
Updates GATES will track and maintain on-going, outstanding issues or tasks.
PRODUCTS:
Project Schedule / Work Plan
Weekly Update Meeting Notes
MEETINGS:
Kick Off (1)
Weekly Virtual Check-ins (52)
TASK 2 - RESEARCH & The objective of this task is to develop an understanding of site opportunities and constraints ANALYSIS through review of previous studies, staff interviews, site reconnaissance and research.
Subtask 2.1 - Site The team will compile, review, verify and comment on information provided by City, on existing Information Review site-specific documentation, including but not limited to documents identified in RFP Appendix B as well as jurisdictional state and regulation agencies permitting requirements. (Health Department, etc.)
Subtask 2.2 - Existing Research existing onsite utilities or easements and evaluate access to utilities for proposed site On-site Utilities improvements.
: Cocate infertily an frank sulsuroviders. Locate, identify and mark subsurface utilities using standard methods. Potholing not included.
Subtask 2.3 - Prepare updated topographic survey of total site post pond repurposing project in PDF and Topographic and AutoCAD format include: Survey levels of 12" maximum differentials, utilities, hardscapes, Boundary Survey facilities' footprints and entry elevations, boundaries, property lines, easements, sidewalks, curbs, pathways, parking areas, and known tree and planting information.
Subtask 2.4 - Staff Conduct interviews with key staff (planning, public works, maintenance, recreation, fire, police, Interviews community and senior center directors etc.) to collect information on:
• "Lesson learned" in operating and maintaining other City parks • Unmet City Recreation needs including new or expanded building facilities • Potential opportunities and issues associated with Park improvements Subtask 2.5 - Site Conduct field reconnaissance, including site walk with City Staff to evaluate existing site element MEMORIAL PARK SPECIFIC PLAN, SCOPE OF WORK • PAGE 1
EXHIBIT A
Assessment including:
On and off-site parking and circulation
• Relationship to adjacent use neighbors, community center, senior center, new west port development
• Condition of existing recreation amenities, facilities, paving and site furniture Natural and cultural features - significant trees, views, landmarks, shade, buffer areas etc.
Identifying potential safety, access or noise consideration.
Indoor recreation programming
• Architectural building opportunities
Subtask 2.6 - Site Provide a summary report of site-specific findings and jurisdictional regulations that may impact Assessment Summary or influence the final conceptual design including:
Any entities having jurisdictional authority in and immediately adjacent to the site.
Any barriers to specific types of site improvements.
• Any permits required for implementation of Plan design concepts Limitations of use or site-specific treatments/remedies for recommended uses of the site.
Operational concerns, of use and/or maintenance that may affect the proposed design • Summary of findings from Specific Plan and previous design strategies that may affect the development of the current design.
PRODUCTS:
Project Base Map
Summary of Site Assessment Findings
MEETINGS:
Site Visit with Staff (1)
Staff Interview (virtual) (4-6)
TASK 3- The purpose of this task is to proactively engage the community in developing a vision for the COMMUNITY Memorial Park Specific Plan and implementation strategy.
ENGAGEMENT
Subtask 3.1 - Work with staff to review lessons learned during Master Plan outreach process - preferred Community communication channels, community stakeholders, potential park event for pop-ups etc.
Engagement Plan
Develop a Draft and Final community outreach plan detailing all elements of outreach including, eeting formats and recommendations for "getting the word out through social medi sletter, etc. We are assuming 3 rounds with multiple input opportunities in each round create a consistent data set.
Round 1 - "What do we want?"
Round 2 - "What alternate is best for us?"
Round 3 - "How do we get there?" "What is first?"
This task also includes:
Develop project tagline/logo brand for use in all outreach communication. • Prepare gutreach collateral pieces with QR code (flyer, mailer, poster, etc.) Assume 4 templates and update for each round.
Work with the City to identify appropriate communication channels beyond Engage Cupertino. These might include:
Social media (Facebook, Instagram, Twitter, NextDoor)
• Newsletter for local schools/community groups/sports groups MEMORIAL PARK SPECIFIC PLAN, SCOPE OF WORK • PAGE 2
EXHIBIT A
• Signage at project site
Retain local youth interns to facilitate outreach to neighborhood, staff pop-up events, and assist with translation at events etc.
Subtask 3.2 - Websites / Website
Social Media Work with City Staff to create a project page for Engage Cupertino. Provide content including FAQ's and 6 updates over the course of the project to keep the community informed, share survey results, and promote input opportunities.
Social Media
City will post social media content provided by consultant.
Consultant to provide:
• Sharable text, graphics, images and hashtags.
Recommendations for posting schedules.
City to monitor sites. Gates to consult on responses to community input.
Subtask 3.3 - Focus Establish a various meetings of in-person and/or virtual for the project based around topics of Group Meetings interest. Gates will provide materials and run meetings.
Subtask 3.4 - Survey Synthesize findings from "Parks and Recreation Master Plan" and site assessment to prepare public survey for review with Staff and CAC.
Develop internet survey and graphics for City use in direct mail to solicit Round 1 input Results will be analyzed and shared in easy digestible format.
Subtask 3.5 - Project Work with staff to develop a list of Project Interviewees to be engaged in process including Interviews event coordinators, veterans, sport groups, dog park advocates, etc. and desired level of engagement (interview, focus group, CAC, noticing etc.) Develop a list of key questions for review with staff.
Interview Stakeholders to solicit information on their programs specific needs.
Subtask 3.6 - Organize, prepare materials and facilitate community events to solicit input. To maximize Community Events participation, meetings will be on vary times and days.
Round 1 - 4 events
1 Virtual
3 Pop-ups at Farmers Market, Summer Concerts and Movie Nights Round 2 - 2 events
1 Virtual
1 Community Center and Open House with stations concurrent with festival, Veterans Day or Monster Mash
Round 3
1 Community Center Open House
Each event will provide interactive opportunities to provide input to the project. • Gates to provide staff to respond to questions and gather input during events • City to provide tents/tables, etc. Gates to provide exhibit and run stations Community meetine summaries and recordings will be posted to project website and allow for MEMOR!AL PARK SPECIFIC PLAN, SCOPE OF WORK • PAGE 3
EXHIBIT A
continued virtual input.
Subtask 3.7 - • Prepare material and facilitate presentation at initial, conceptual and schematic design Commissions milestones for Park and Recreation commission and Bicycle-Pedestrian Commission. • Prepare materials and facilitate presentation to Planning Commission to review conformance with General Plan.
• Review presentation with Staff prior to each meeting.
Subtask 3.8 - City • Prepare presentation and facilitate City Council study sessions at initial, conceptual and Council Meetings schematic design milestones.
• Prepare presentation for City Council final acceptance. • Review presentations with Staff prior to each meeting.
PRODUCTS:
Draft and Final Community Engagement Plan
Focus Groups, Presentation and Summary
Draft and Final Community Survey
Draft and Final Mailers
Community Events Materials and Summary
Project Interview Materials and Summary
Parks and Recreation Commission Meeting, Presentation and Reports Bicycle-Pedestrian Commission Meeting, Presentation and Reports City Council Study Session Presentation and Reports
Analysis and Synthesis Report of public survey and meeting findings Planning Commission Presentation Material
City Council Study Session Materials (3)
Final Acceptance Presentation
MEETINGS:
Focus Groups Meetings (6)
Initial Community Events (Round 1) (4)
Project Interviews (6-8)
Conceptual Design (Round 2) Community Events (2)
Schematic Design (Round 3) Community Events
Initial, Conceptual Design and Schematic Design Parks and Recreation Presentation(3) Initial, Conceptual Design and Schematic Design Bicycle-Pedestrian Commission Presentations (3)
Planning Commission Meeting and Presentation (1)
Initial, Conceptual Design, and Schematic Design City Council Study Sessions (3) Final Acceptance Presentation to City Council. (1)
TASK 4- The objective of this task is to identify short- and long-term environmental impacts for site ENVIRONMENTAL/ development as well as provide required environmental documentation for the proposed work HABITAT ASSESSMENT and provide geotechnical recommendations.
Subtask 4.1 - Initial Prepare a program-level Initial Study in compliance with the California Environmental Quality Study Act and City of Cupertino requirements. The Initial Study will tier from the adopted 2019 City of Cupertino Parks and Recreation System Master Plan Initial Study/Mitigated Negative Declaration (IS/MND) and this proposal assumes the following:
• Uses: The proposed uses on-site will not substantially change MEMORIAL PARK SPECIFIC PLAN, SCOPE OF WORK • PAGE 4
EXHIBIT A
• Air Quality: The project would be below the Bay Area Air Quality Management District screening thresholds for significant operation and construction criteria air pollutants; therefore, no technical air quality analysis is required. • Biological Resources: No sensitive habitat or special-status species are on or adjacent to the site. The primary biological resource on-site are trees. A description of the existing trees on-site would be included based on the Arborist Report proposed under Task 8. • Cultural Resources/Tribal Cultural Resources: The Gazebo Trim on-site and Community Center Sports Complex adjacent to the site are identified as City Historic Resources. This proposal assumes no changes to these resources or their setting; therefore, no historic resource evaluation is required. The proposal includes a site-specific archaeological literature search (including pedestrian survey) and sacred lands file search to evaluate the project's impact to unknown, buried archaeological resources and/or tribal cultural resources. This proposal assumes any necessary notification and coordination with Native American tribes will be completed by the City.
• Greenhouse Gas Emissions: This proposal assumes the project would comply with all applicable greenhouse gas regulations, including the City's Climate Action Plan, and that the project would not generate a substantial increase in greenhouse gas emissions. • Hazards and Hazardous Materials: This proposal includes the completion of a Phase 1 Environmental Site Assessment in general accordance with ASTM Standard. • Noise: This proposal assumes the Master Plan update will include passive uses or uses that generate similar noise as the existing uses on-site. • Transportation: This scope assumes a qualitative VMT analysis describing how the project is local serving and accessible by transit, therefore, not substantially increasing VMT.
• Notices: This proposal assumes all necessary CEQA notices (including the Notice of Intent and Notice of Determination) shall be completed and filed by the City. DJP&A can assist with the notices on a time and materials basis.
• Responses to comments: DJP&A can assist in responding to comments on the Initial Study/MND on a time and materials.
• Hearings: This proposal assumes DJP&A attendance at two public hearings on the Initial Study.
The Initial Study analysis will rely on information in the adopted 2019 IS/MND, existing, available information, limited site specific technical reports mentioned above (i.e., an Arborist Report, archaeological literature search and sacred lands file search, and Phase I), and the professional opinion of DJP&A. If additional technical analyses (e.g., air quality assessment, biological assessment, historic resource evaluation, greenhouse gas analysis, Phase Il, noise assessment, and/or VMT modeling and assessment) are determined to be required during the Master Planning process, they can be completed as additional tasks. The document will identify program-level measures, including compliance with existing regulations, policies, and mitigation measures identified in the 2019 IS/MND (as appropriate), to reduce impacts to a less than significant level.
Pursuant to CEQA Guidelines Sections 15162 and 15164, if the analysis in the Initial Study shows that the project would not result in new or substantially greater significant impacts than previously disclosed in the adopted 2019 IS/MND, the Initial Study can be used to support an Addendum to the 2019 IS/MND. If new impacts are identified and can be mitigated, the Initial Study can be used to support an MND.
Subtask 4.2 - • Review of pertinent background data, including aerial photographs, in-house data, and MEMORIAL PARK SPECIFIC PLAN SCOPE OF WORK • PAGES
EXHIBIT A
Geotechnical published geologic, seismic, and soils maps and literature.
Evaluation • Perform a site reconnaissance to observe the general site conditions • Coordinate mark-out of existing underground utilities in areas of our exploratory borings.
• Perform a private utility survey to locate utilities near our proposed field exploration locations.
• Procurement of an encroachment permit from the City of Cupertino. • Drilling, logging, and sampling of eleven exploratory borings to depths of up to approximately 15 feet. The actual depth of the exploration will be influenced by the surface conditions encountered. The purpose of the soil borings is to evaluate the subsurface profile and to obtain soil samples for laboratory testing. • Performance of laboratory tests to evaluate physical and engineering properties of the subsurface soils including moisture content and density, soil gradation, Atterberg limits, expansion index, and soil corrosivity.
• Compilation and analysis of the field and laboratory data to evaluate the subsurface conditions encountered at the project site, a limited assessment of seismic hazards present on-site, geologic considerations for development, earthwork criteria, foundation design parameters, pavement sections, and seismic coefficients.
Preparation of a geotechnical report presenting our findings, conclusions, and recommendations for design and construction of the proposed improvements.
PRODUCTS:
Administrative draft project description in Word format Final project description in Word format
Administrative draft Initial Study in Word and PDF, and technical arborist report, archaeological literature search and sacred lands file search, and Phase I in PDF Final draft Initial Study (including technical appendices) in PDF Administrative draft MND (if required)
Administrative Draft Mitigation Monitoring and Reporting Program (if required) DJP&A attendance at 2 public hearings (technical subconsultants can attend as an additional task)
Soil Boring (11)
Geotechnical Evaluation Report
TASK 5- Removed from the scope of work.
MARKET ANALYSIS AND
BUSINESS PLAN
TASK 6- The purpose of this task is to prepare a Parking Study and Strategic Plan for the Park (Parking PARKING STUDY Plan).
Subtask 6.1 - Inventory Complete an inventory and analysis of the parking system including location, type, hours of and Analysis operation and adequacy of parking availability.
Subtask 6.2 - Outline realistic operations for use of private parking facilities for the general public and identify Operations Outline strategies to encourage private/public partnerships to develop additional parking facilities.
Subtask 6.3 - Parking Evaluation of the appropriateness and adequacy of the parking supply for the next 10 to 15 Supply Evaluation years.
MEMORIAL PARK SPECIFIC PLAN, SCOPE OF WORK • PAGE 6
EXHIBIT A
Subtask 6.4 -Events Review of current and future events and festivals. and Festival Review • Address parking demands associated these events, as well as non-event periods.
Subtask 6.5 - Parking Creation of Parking Plan
Plan
: Current and future technologies in transportation options and appropriateness.
Cost estimates of construction, phasing and an estimated operating budget that includes staffing, utilities, maintenance, and other operating expenses.
PRODUCTS:
Inventory and Analysis (1)
Operations Outline (1)
Parking Supply Evaluation (1)
Events and Festival Review (1)
Final Parking Plan (1)
TASK 8 - The objective of this task is to review the existing tree canopy of the park to determine general TREE CANOPY AND health and longevity of trees on site. Based on insights, develop a succession plan that promotes SUCCESSION PLAN habitat, water conservation, local species and sustainability.
Subtask 8.1 - Arborist Prepare an Arborist Report and services that will:
Report and Tree • Identify the species and measure the trunk diameter of each tree with a diameter of 4 Succession Plan inches or greater within the project area (approximately 450 trees). Trunk diameter shall be measured at 54 inches above grade.
• Tag each tree with a metal tag for identification purposes. • Estimate tree height and canopy diameter.
• Visually evaluate the health and structural condition of each tree. • A geodatabase that contains the tree inventory.
• Determine if tree condition and recommendations are compatible with City-wide objectives as stated. Note discrepancies.
• Rate tree suitability for preservation based on their health, structural condition and potential longevity and suitability in the landscape.
• Take representative photos.
• Evaluate the impacts of proposed project on trees based on the Master Plan site plan. • Estimate trees that will be preserved and removed based on construction impacts and tree suitability for preservation.
• Prepare a Tree inventory Map showing approximate location of trees by tag number. • Prepare Tree Preservation Guidelines outlining protection measures during the planning, demolition and construction phases of development to meet City of Cupertino's requirements.
• Prepare a Tree Succession Plan that includes species, common name, and future height and spread. Coordination with the City to understand the estimated cost for future tree installation and/or removal, maintenance, and other operational expenses is also included in this proposal. A spreadsheet (not a PDF or AutoCAD plan view file) that includes recommendations for the expansion of planting areas that shows species, common name, and future height and spread would be provided.
PRODUCTS:
Arborist Report that compiles the above listed information in PDF Tree Succession Plan
MEMORIAL PARK SPECIFIC PLAN, SCOPE OF WORK • PAGE 7
EXHIBIT A
TASK 9 - The objective of this task is to utilize site investigation information and community input to SPECIFIC PLAN DESIGN develop a Specific Plan for the park.
AND REPORT
Subtask 9.1 - Prepare three (3) Conceptual Design Alternatives that each designate areas for:
Conceptual Design • Passive/ active recreation
• Landscaping
• Pathways
• Noise abatement
• Access
• Bike/ped Trail connections
• Hydration Station
• Additional Storage or Multi-use Capacity
Each alternative will indicate the target user group of each area as well as rough order of magnitude cost for improvements.
Subtask 9.2 - City Staff City Staff will review Conceptual Design Alternatives. Design Team will refine Alternatives based Review on feedback.
Subtask 9.3 - Design Team will present the three (3) Conceptual Design Alternatives to the community, Alternatives Commissions and City Council for input per Subtask 3.6, 3.7, and 3.8.
Presentations
Subtask 9.4 - Preferred Based on feedback from previous tasks, the Design Team will develop a Preferred Concept Concept Design Plan Design Plan and Report. The document will include:
and Report Illustrative Site Plan
•
• 3D illustrations of key elements
Enlargement studies of key areas
Executive Summary
• Project Site Introduction and Background
Outline of Design and Public Input Process
Illustrative Site Plan
Assessment of On-going Operations and Maintenance Needs Summary of Site Constraints and Jurisdictional Limitations Implementation and Phasing Plan and Schedule
Appendix with additional study reports and background materials A separate document will include the rough order of magnitude cost estimate for implementation of the final conceptual design. This document will include itemized and/or unit pricing as well as assumed costs for:
: Meterizationditions Mobilization
• Contingencies
Permitting costs
• Implementation of Mitigation Measures
Subtask 9.5 - Present Present Final Schematic Plan to City Council per subtask 3.8 Final Concept Plan Work with staff to incorporate City Council comments into Final Document.
PRODUCTS:
Preliminary Design Alternatives and ROM Costs (3)
MEMORIAL PARK SPECIFIC PLAN, SCOPE OF WORK • PAGE 8
EXHIBIT A
Meeting Agendas and Notes
Design Alternatives and ROM Costs (3)
Digital renderings of key elements
Draft and Final Specific Plan (Electronic and 2 printed/ bound copies, 1 unbound copy) MEETINGS:
Conceptual Design Alternatives Presentation with City Staff (1) Conceptual Design Alternatives Review Meeting with City Staff (1) Preferred Concept Design Plan and Report Presentation with City Staff (1) Preferred Concept Plan and Report Review Meeting with City Staff (1) TASK 10- The optional services are available to supplement the project.
OPTIONAL SERVICES
POTENTIAL • These items may be required depending on the Specific Plan programming and level of ADDITIONAL SERVICES review:
• Upon feedback of community outreach process and clarification of building scope to specific architectural elements, Gates shall augment the scope of work and negotiate additional services as requested to develop a specific architectural scope of work.
Services may include renovation, expansion or development of replacement of buildings, programming, architectural renderings and simulations, and cost estimating services for an aquatics facility, performing/ fine arts facility, multi-use recreation center, or senior center. Additional work shall also include amendment of the parking study and environmental review.
Air quality assessment (may be required, for example, if the City desired project-level review to construct and implement the plan
• Historic resource evaluation (may be required, for example, if changes to the Gazebo Trim on-site or Community Center Sports Complex are proposed) • Phase II (may be required, for example, if the Phase I identifies potential for contamination to be present on-site that needs to be characterized to assist in the planning process)
• Noise assessment (may be required, for example, if new sources of noise - like a dog park or lighted sports fields - are proposed adjacent to residences) • VMT modeling and assessment (may be required, for example, if a regional sports field or attraction were proposed
• Additional outreach meetings or graphic support beyond those included in this proposal • Design Development, Construction Documentation and/or Construction Administration • Research existing onsite utilities or easements and evaluate access to utilities for proposed site improvements.
• Collect information from utility providers
Locate, identify and mark subsurface utilities using standard methods. Potholing not • ¡prepare updated topographic survey of total site post pond repurposing project in PDF and AutoCAD format include: Survey levels of 12" maximum differentials, utilities, hardscapes, facilities' footprints and entry elevations, boundaries, property lines, easements, sidewalks, curbs, pathways, parking areas, and known tree and planting information.
KEY ASSUMPTIONS he scope, schedule, and budget outlined in this proposal are predicated on the limitations an assumptions described below
• All documents will be provided electronically to City for review and reproduction. • City to print all collateral for Community Engagement noticing (to be determined ir community engagement plan), Gates to provide graphics
MEMORIAL PARK SPECIFIC PLAN. SCOPE OF WORK • PAGE 9
EXHIBIT A
City to post on Social Media accounts, Gates + Associates can provide digital graphics All comments received from the City shail be consolidated from ALL departments, concise • Cad is responside for purior to distrid pui to th costs for te draft iS review period and filing the Notice of Intent with the county clerk.
KEY EXCLUSIONS The project exclusions not included within the scope of work are described below:
Environmental assessment of new or expanded buildings
• Title Report
MEMORIAL PARK SPECIFIC PLAN, SCOPE OF WORK • PAGE 10
EXHIBIT B
PROJECT UNDERS TANDING & APPROACH
SCHEDULE
2022
July Aug. Sep. Jan. Mar. Apr. june
- PROJECT INITIATION AND CITY COORDINATION
Subtask 1.1 Project initiation
Subtask 1.2 Weekly Updates • ....
ubtack 2.1 Site Information Review
Subtask 2.2 Existing On-Site Utilities
Subtask 2.3 Topographic Survey
uhtack 21 Staff Interviews
Subtask 2.5 Site Assesment
Subtask 2.6 Site Assesment Summary
ubtack 2.1 Community Engagement Plan
Subtask 3.2 Website/ Social Media
Subtask 3.3 Community Advisory Committee Meetings (6) | Subtask 3.4 Survey
Subtask 3.5 Stakeholder Interviews (6-8)
Subtask 3.6 Community Events (7)|
Subtask 3.7 Commissions (7)
Subtask 3.8 City Council Meetings (4)
SESMENT
Subtask 4.1 Initial Study
Subtask 4.2 Geotechnical Evaluation
Subtask 6.1 Inventory and Analysis
Subtask 6.2 Operations Outline
Subtask 6.3 Parking Supply Evaluation
Subtask 6.4 Events and Festival Review
Subtask 6.5 Parking Plan
ASK 7- PUBLIC ART
Subtask 7.1 Art Location Opportunities
Subtask 8.1 Arborist Report and Tree Succession Plan
CIFIC PLAN DESIGN AND REPORT
Subtask 9.1 Conceptual Design
Subtask 9.2 City Staff Review
Subtask 9.3 Alternatives Presentations
Subtask 9.4 Schematic Design Plan and Report
Subtask 9.5 Present Final Schematic Plan ...
Subtask 10.1 Architectural Concept and Schematic Services • Staff Meeting
Community Meeting
• Public Meeting (Boards, Commission, Council)
«ЕА ЕХСГП210И2
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 1
EXHIBIT C
SUMMARY BY COMPANY
GATES SANDIS DAVID J CORNER-STONE HORTSCIENCE- NINYO &
ALBION TJKM NOLL & TAM
+ ASSOCIATES POWERS EARTH GROUP BARTLETT MOORE
SUBTOTAL
ASK 1 - Project Initiation & City Coordination
Subtotal Fee $23,900 $2,980 SO $0 $220 $27,100
ASK 2 - Research & Analysis
Subtotal Fee $13,065 $0 $O $10,000 $23,065
ASK 3 - Community Engagement & Input
Subtotal Fee $82,815 $O $O $0 $0 $0 $0 $82,815
ASK 4 - Environmental / Habitat Assessment
Subtotal Fee $1,700 $o $41,760 $4,853 $O $4,911 $O $20,300 $73,524 TASK 6 - Parking Study
Subtotal Fee $3,955 $o $O $O $29,200 $o $0 $33,155
ASK 7 - Public Art
Subtotal Fee $2,610 So So $O $2,610
TASK 8 - Tree Canopy & Succession Plan
Subtotal Fee $4,245 $o $28,750 $o $O $32,995
TASK 9 - Specific Plan Design & Report
Subtotal Fee $111,070 $7,980 $119,050
SUBTOTAL $243,360 $10,960 $41,760 $4,853 $28,750 $4,911 $29,200 $10,000 $20,520 $394,314 Reimbursable Allowance $7,500 $1,000 $2,400 $415 $2,460 $500 $1,000 $15,275 TOTAL PROJECT COSTS $409,589
TASK 10 Potential itional Services
Subtotal Fee $11,510 $66,600 $28,850 $10,000 $116,960
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 1
EXHIBIT C
GATES + ASSOCIATES
Outreach
Principa Planner Job Captain Production
Coordinator
Hourly Rate $200 $185 $145 $145 $135 $125 SUBTOTAL
PROJECT INITTATION AND CITY COORDINATION
Subtask 1.1 Project Initiation 2 4
Subtask 1.2 Weekly Updates 8 52 16 52
SUBTASK HOURS 10 54 10 20 56
SUBTOTAL FEE $2,000 $9,990 $1,450 $2,900 $7,560 $23,900 Subtask 2.1 Site Information Review 2
Subtask 2.4 Staff Interview 6
Subtask 2.5 Site Assessment
Subtask 2.6 Site Assesment Summary 12
SUBTASK HOURS 8 14 30 26
SUBTOTAL FEE $1,600 $2,590 $1,015 $4,350 $3,510 $13,065 Subtask 3.1 Community Engagement Plan 24
Subtask 3.2 Websites / Social Media 1 24 2
Subtask 3.3 Community Advisory Committee Meetings (6) 6 12 Subtask 3.4 Survey
Subtask 3.5 Stakeholder Interview (6-8) 16 16
Subtask 3.6 Community Events (7) 42 28 42
Subtask 3.7 Commissions (7) 28 42
Subtask 3.8 City Council Meetings (4) 4 24 16
SUBTASK HOURS 78 37 152 152
SUBTOTAL FEE $15,600 $22,330 $5,365 $20,520 $19,000 $82,815 Subtask 4.1 Initial Study 4
Subtask 4.2 Geotechnical Evaluation
SUBTASK HOURS 8
SUBTOTAL FEE $O $1,160 $540 $1,700
Subtask 6.1 Inventory and Analysis
Subtask 6.2 Operations Outline
Subtask 6.3 Parking Supply Evaluation NINNNO
Subtask 6.4 Events and Festival Review
Subtask 6.5 Parking Plan
SUBTASK HOURS 6 16
SUBTOTAL FEE $o $925 $870 $2,160 $3,955
PUBEG ART
Subtask 7.1 Art Location Opportunities 1 8
SUBTASK HOURS 1
SUBTOTAL FEE $200 $185 $145 $1,080 $1,000 $2,610
Subtask 8.1 Arborist Report and Tree Succession Plan 2 4 16 SUBTASK HOURS 2 16
SUBTOTAL FEE $400 $185 $O $580 $1,080 $2,000 $4,245
Subtask 9.1 Conceptual Design 36 24 120
Subtask 9.2 City Staff Review w 48
Subtask 9.3 Alternatives Presentations
Subtask 9.4 Schematic Design Plan and Report 4 30 48 96 128 Subtask 9.5 Present Final Schematic Plan 4 40 40
SUBTASK HOURS 15 78 78 304 328
SUBTOTAL FEE $3,000 $14,430 $290 $11,310 $41,040 $41,000 $111,070 TOTAL $243,360
Reimbursable Allowance 7,500
TASK 10 - OPTIONAL
Additional Reviews for CEQA
Additional Outreach Efforts 24 40
Architectural Concept and Schematic Services
Existing On-Site Utilities
Topographic & Boundary Survey
Construction Documents (TBD)
Bid Assistance (TBD)
Construction Support (TBD)
SUBTASK HOURS 24 40
SUBTOTAL FEE $4,800 $370 $5,800 $11,510
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 2
EXHIBIT C
Principal
Hourly Rate $350 SUBTOTAL
Subtask 1.1 Project Initiation 2
Subtask 1.2 Weekly Updates
SUBTASK HOURS
SUBTOTAL FEE $700 $2,280 $O SO $O $O $2,980
Subtask 2.1 Site Information Review
Subtask 2.4 Staff Interview
Subtask 2.5 Site Assessment
Subtask 2.6 Site Assesment Summary
SUBTASK HOURS
SUBTOTAL FEE $O SO $O SO $O $O
Subtask 3.1 Community Engagement Plan
Subtask 3.2 Websites / Social Media
Subtask 3.4 Community Advisory Committee Meetings (6)
Subtask 3.5 Survey
Subtask 3.6 Stakeholder Interviews (6-8)
Subtask 3.7 Community Events (7)
Subtask 3.8 City Council Meetings (4)
SUBTASK HOURS
SUBTOTAL FEE $O SO SO SO $O
Subtask 4.1 Initial Study
Subtask 4.2 Geotechnical Evaluation
SUBTASK HOURS
SUBTOTAL FEE $O SO $o
PARKING STUDY
Subtask 6.1 Inventory and Analysis
Subtask 6.2 Operations Outline
Subtask 6.3 Parking Supply Evaluation
Subtask 6.4 Events and Festival Review
Subtask 6.5 Parking Plan
SUBTASK HOURS
SUBTOTAL FEE $O SO
Subtask 7.1 Art Location Opportunities
SUBTASK HOURS
SUBTOTAL FEE $O
TREE CANOPY AND SUCCESSION PLAN
Subtask 8.1 Arborist Report and Tree Succession Plan
SUBTASK HOURS
SUBTOTAL FEE So SO So So
Subtask 9.1 Conceptual Design 20
Subtask 9.2 City Staff Review
Subtask 9.3 Alternatives Presentations
Subtask 9.4 Schematic Design Plan and Report
Subtask 9.5 Present FinalSchematic Plan
SUBTASK HOURS 28
SUBTOTAL FEE $o $7,980 SO so $O $O $0 $7,980
TOTAL $10,960
Reimbursable Allowance $ 1,000
TASK 10 - OPTIONAL SERVICES
Existing On-Site Utilities 16
Topographic Survey 16 96 120
SUBTASK HOURS 16 40 96 40| 16 120
SUBTOTAL FEE $700 $1,140 $3,120 $5,800 $31,200 $7,000 $2,640 $15,000 | $66,600 MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 3
EXHIBIT C
DAVID J POWERS
Project Assistant Projec
Graphic Artist
Manager
Manager
Hourly Rate $295 $205 $150 $120 SUBTOTAL
Subtask 1.1 Project initiation
Subtask 1.2 Weekly Updates
SUBTASK HOURS
SUBTOTAL FEE SO so So $o
RESEARCH & ANALYSIS
Subtask 2.1 Site Information Review
Subtask 2.2 Existing On-Site Utilities
Subtask 2.3 Topographic Survey
Subtask 2.4 Staff Interview
Subtask 2.5 Site Assessment
Subtask 2.6 Site Assesment Summary
SUBTASK HOURS
SUBTOTAL FEE SO So
AND INPUT
Subtask 3.1 Community Engagement Plan
Subtask 3.2 Websites / Social Media
Subtask 3.3 Community Advisory Committee Meetings (6)
Subtask 3.4 Survey
Subtask 3.5 Stakeholder Interviews (6-8)
Subtask 3.6 Community Events (7)
Subtask 3.7 Commissions(7)
Subtask 3.8 City Council Meetings(4)
SUBTASK HOURS
SUBTOTAL FEE SO So SO
Subtask 4.1 Initial Study 36 116
Subtask 4.2 Geotechnical Evaluation
SUBTASK HOURS 36 60 116 12
SUBTOTAL FEE $10,620 $12,300 $17,400 $1,440 $41,760
Subtask 6.1 Inventory and Analysis
Subtask 6.2 Operations Outline
Subtask 6.3 Parking Supply Evaluation
Subtask 6.4 Events and Festival Review
Subtask 6.5 Parking Plan
SUBTASK HOURS
SUBTOTAL FEE SO
TASK 7- PUBLIC ART
Subtask 7.1 Art Location Opportunities
SUBTASK HOURS
SUBTOTAL FEE So SO So
SION PLAN
Subtask 8.1 Arborist Location Opportunities
SUBTASK HOURS
SUBTOTAL FEE $o So
LAN DESIGN AND REPORT
Subtask 9.1 Conceptual Design
Subtask 9.2 City Staff Review
Subtask 9.3 Alternatives Presentations
Subtask 9.4 Schematic Design Plan and Report
Subtask 9.5 Present Final Schematic Plan
SUBTASK HOURS
SUBTOTAL FEE So SO $O $o
TOTAL $41,760
Reimbursable Allowance 300
TASK 10 - OPTIONAL SERI
Additional Review for CEQA 70
Additional Outreach Efforts
Architectual Concept and Schematic Services (TBD)
SUBTASK HOURS 70
SUBTOTAL FEE $20,650 $8,200 so 28,850
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 4
EXHIBIT C
FEE PROPOSAL
CORNERSTONE EARTH GROUP
CORNERSTONE EARTH GROUP
Senior Principal
Senior Staff Engineer Technical illustator Direct Costs Geologist
Hourly Rate $322 $207 $161 $575 SUBTOTAL
SK 1 PROJECT INITIATION AND C
Subtask 1.1 Project Initiation
Subtask 1.2 Weekly Updates
SUBTASK HOURS 0
SUBTOTAL FEE $0 $0 $0 $O $0
Subtask 2.1 Site Information Review
Subtask 2.2 Existing On-Site Utilities
Subtask 2.3 Topographic Survey
Subtask 2.4 Staff Interview
Subtask 2.5 Site Assessment
Subtask 2.6 Site Assesment Summary
SUBTASK HOURS 0 0 0
SUBTOTAL FEE $O $0 $o $O $0
TASK 3 - COMMUNITY ENGAGEMENT AND INPUT
Subtask 3.1 Community Engagement Plan
Subtask 3.2 Websites / Social Media
Subtask 3.3 Community Advisory Committee Meetings (6)
Subtask 3.4 Survey
Subtask 3.5 Stakeholder Interviews (6-8)
Subtask 3.6 Community Events (7)
Subtask 3.7 Commissions(7)
Subtask 3.8 City Council Meetings(4)
SUBTASK HOURS 0 0 0
SUBTOTAL FEE $0 $0 $O $0 $0
TASK 4 - ENVIRONMENTAL/HABITAT ASSESMENT
Subtask 4,1 Initial Study 1.5 16 3
Subtask 4.2 Geotechnical Evaluation
SUBTASK HOURS 1,5 16 3 • 1
SUBTOTAL FEE $483 $3,312 $483 $575 $4,853
TASK 6 - PARKING STUDY
Subtask 6.1 Inventory and Analysis
Subtask 6.2 Operations Outline
Subtask 6.3 Parking Supply Evaluation
Subtask 6.4 Events and Festival Review
Subtask 6.5 Parking Plan
SUBTASK HOURS 0
SUBTOTAL FEE $O $o $O $O
TASK 7- PUBLIC ART
Subtask 7.1 Art Location Opportunities
SUBTASK HOURS 0 0
SUBTOTAL FEE $O $0 $O $0 SO
TASK 8- TREE CANOPY AND SUCCESSION PLAN
Subtask 8.1 Arborist Location Opportunities
SUBTASK HOURS
SUBTOTAL FEE $O $0 $0 $o $O
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 5
EXHIBIT C
FEE PROPOSAL
CORNERSTONE EARTH GROUP
CORNERSTONE EARTH GROUP
Senior Principal
Senior Staff Engineer Technical Illustator Direct Costs Geologist
Hourly Rate $322 $207 $161 $575 SUBTOTAL
ASK 9- SPECIFIC PLAN DESIGN AND REPORT
Subtask 9.1 Conceptual Design
Subtask 9.2 City Staff Review
Subtask 9.3 Alternatives Presentations
Subtask 9.4 Schematic Design Plan and Report
Subtask 9.5 Present Final Schematic Plan
SUBTASK HOURS
SUBTOTAL FEE $0 $0 $0 $0 $O
TOTAL $4,853
Reimbursable Allowance
TASK 10 - OPTIONAL SERVICES
Subtask 10.1 Architectual Concept and Schematic Services (TBD) SUBTASK HOURS 0
SUBTOTAL FEE $0 $o
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 6
EXHIBIT C
FEE PROPOSAL
HORTSCIENCE BARTLETT
HORTSCIENCE/BARTLETT
Principal Aborist/CAD Office Admin Direct Costs
Hourly Rate $276 $207 $92 $414 SUBTOTAL
PROJEC/INITIATION ANG
Subtask 1.1 Project Initiation
Subtask 1.2 Weekly Updates
SUBTASK HOURS
SUBTOTAL FEE $O SO $0 $O SO
RESEARCH & ANALYSIS
Subtask 2.1 Site Information Review
Subtask 2.2 Existing On-Site Utilities
Subtask 2.3 Topographic Survey
Subtask 2.4 Staff Interview
Subtask 2.5 Site Assessment
Subtask 2.6 Site Assesment Summary
SUBTASK HOURS
SUBTOTAL FEE $0 $O
ASK 3 - COMMUNITY ENGAGEMENT AND INPUT
Subtask 3.1 Community Engagement Plan
Subtask 3.2 Websites / Social Media
Subtask 3.3 Community Advisory Committee Meetings (6)
Subtask 3.4 Survey
Subtask 3.5 Stakeholder Interviews (6-8)
Subtask 3.6 Community Events (7)
Subtask 3.7 Commissions(7)
Subtask 3.8 City Council Meetings(4)
SUBTASK HOURS
SUBTOTAL FEE $0
ASK 4 - ENVIRONMENTAL/HABITAT ASSESMENT
Subtask 4.1 Initial Study
Subtask 4.2 Geotechnical Evaluation
SUBTASK HOURS 0 0
SUBTOTAL FEE $O
TASK 6 - PARKING STUDY
Subtask 6.1 Inventory and Analysis
Subtask 6,2 Operations Outline
Subtask 6.3 Parking Supply Evaluation
Subtask 6.4 Events and Festival Review
Subtask 6.5 Parking Plan
SUBTASK HOURS 0 0
SUBTOTAL FEE $O $O $O $O $O
ASK 7- PUBLIC ART
Subtask 7.1 Art Location Opportunities
SUBTASK HOURS 0
SUBTOTAL FEE $O $O $0 $O
FASK 8- TREE CANOPY AND SUCCESSION PLAN
Subtask 8.1 Arborist Location Opportunities 69 44 1
SUBTASK HOURS 69 44 2 1
SUBTOTAL FEE $19,044 $9,108 $184 $414 $28,750
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 7
EXHIBIT C
FEE PROPOSAL
HORTSCIENCE BARTLETT
HORTSCIENCE/BARTLETT
Principa Aborist/CAD Office Admin Direct Costs
Hourly Rate $276 $207 $92 $414 SUBTOTAL
Subtask 9.1 Conceptual Design
Subtask 9.2 City Staff Review
Subtask 9.3 Alternatives Presentations
Subtask 9.4 Schematic Design Plan and Report
Subtask 9.5 Present Final Schematic Plan
SUBTASK HOURS
SUBTOTAL FEE $O $0 $O $O $O
TOTAL $28,750
Reimbursable Allowance 414
TASK 10 - OPTIONAL SERVICES
Subtask 10.1 Architectual Concept and Schematic Services (TBD) SUBTASK HOURS 0 0 0
SUBTOTAL FEE SO SO 0
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 8
EXHIBIT C
FEE PROPOSAL
ALBION
ALBION
Principal 48 Senior Archaeologist Archaeologist 6C Arachaeologist SD Archaeologist 5C Archaeologist 5B Direct Costs Hourly Rate $144 $116 $93 $88 $86 $84 $561 SUBTOTAL
ASK 1 - PROJECT INITIATION AND CITY
Subtask 1.1 Project Initiation
Subtask 1.2 Weekly Updates
SUBTASK HOURS
SUBTOTAL FEE So SO SO So SO SO $O
Subtask 2.1 Site Information Review
Subtask 2.2 Existing On-Site Utilities
Subtask 2.3 Topographic Survey
Subtask 2.4 Staff Interview
Subtask 2.5 Site Assessment
Subtask 2.6 Site Assesment Summary
SUBTASK HOURS
SUBTOTAL FEE $o SO SO
Subtask 3.1 Community Engagement Plan
Subtask 3.2 Websites / Social Media
Subtask 3.3 Community Advisory Committee Meetings (6)
Subtask 3.4 Survey
Subtask 3.5 Stakeholder Interviews (6-8)
Subtask 3.6 Community Events (7)
Subtask 3.7 Commissions(7) |
Subtask 3.8 City Council Meetings(4)
SUBTASK HOURS 0 0
SUBTOTAL FEE SO
ISK 4 - ENVIRONMENTAL/HABITAT ASSESMENT
Subtask 4.1 Initial Study 15
Subtask 4.2 Geotechnical Evaluation
SUBTASK HOURS 10 15
SUBTOTAL FEE $144 $1,159 $1,402 $790 $688 $168 $561 $4,911 Subtask 6.1 Inventory and Analysis
Subtask 6.2 Operations Outline
Subtask 6,3 Parking Supply Evaluation
Subtask 6.4 Events and Festival Review
Subtask 6.5 Parking Plan
SUBTASK HOURS 0
SUBTOTAL FEE $o $o SO $o $o
7- PUBLIC AR
Subtask 7.1 Art Location Opportunities
SUBTASK HOURS
SUBTOTAL FEE $o $o SO SO
Subtask 8.1 Arborist Location Opportunities
SUBTASK HOURS
SUBTOTAL FEE $o $o $O
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 9|
EXHIBIT C
FEE PROPOSAL
ALBION
ALBION
Principal 48 Senior Archaeologist Archaeologist 6C Archaeologist 5D Archaeologist SC Archaeologist 5B Direct Costs Hourly Rate $144 $116 $93 $88 $86 $84 $561 SUBTOTAL
Subtask 9.1 Conceptual Design
Subtask 9.2 City Staff Review
Subtask 9.3 Alternatives Presentations
Subtask 9.4 Schematic Design Plan and Report
Subtask 9.5 Present Final Schematic Plan
SUBTASK HOURS
SUBTOTAL FEE $o $o SO SO
TOTAL $4,911
Reimbursable Allowance 43
TASK 10 - OPTIONAL SERVICE
Subtask 10.1 Architectual Concept and Schematic Services (TBD) SUBTASK HOURS 0
SUBTOTAL FEE SO
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 10
EXHIBIT C
FEE PROPOSAL
TJKM
TJKM
Director Sr. Transportation Transportation
Principal
Planner Planner
Hourly Rate $250 $230 $125 $120 SUBTOTAL
ASK 1 - PROJECT INITIATION AND CITY COORDINATION
Subtask 1.1 Project Initiation
Subtask 1.2 Weekly Updates
SUBTASK HOURS 0
SUBTOTAL FEE $O $O $O $0
ASK 2 - RESEARCH & ANALYSIS
Subtask 2.1 Site Information Review
Subtask 2.2 Existing On-Site Utilities
Subtask 2.3 Topographic Survey
Subtask 2.4 Staff Interview
Subtask 2.5 Site Assessment
Subtask 2.6 Site Assesment Summary
SUBTASK HOURS
SUBTOTAL FEE $O $0
TASK 3 - COMMUNITY ENGAGEMENT AND INPUT
Subtask 3.1 Community Engagement Plan
Subtask 3.2 Websites / Social Media
Subtask 3.3 Community Advisory Committee Meetings (6)
Subtask 3.4 Survey
Subtask 3.5 Stakeholder Interview (6-8)
Subtask 3.6 Community Events (7)
Subtask 3.7 Commissions (7)
Subtask 3.8 City Council Meetings (4)
SUBTASK HOURS
SUBTOTAL FEE $O $O $O • $O $0
TASK 4 - ENVIRONMENTAL/HABITAT ASSESMENT
Subtask 4.1 Initial Study
Subtask 4.2 Geotechnical Evaluation
SUBTASK HOURS 0 0
SUBTOTAL FEE $O $0 $O $0 $0
ASK 6 - PARKING STUDY
Subtask 6.1 Inventory and Analysis 4 16
Subtask 6.2 Operations Outline 4 16
Subtask 6.3 Parking Supply Evaluation 24 40
Subtask 6.4 Events and Festival Review 2 8 16
N +
Subtask 6.5 Parking Plan 24 24
SUBTASK HOURS 10 14 88 104
SUBTOTAL FEE $2,500 $3,220 $11,000 $12,480 $29,200
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 11
EXHIBIT C
FEE PROPOSAL
TJKM
TJKM
Principal Sr. Transportation Transportation
Director
Planner Planner
Hourly Rate $250 $230 $125 $120 SUBTOTAL
ASK 7- PUBLIC AR
Subtask 7.1 Art Location Opportunities
SUBTASK HOURS 0
SUBTOTAL FEE $O $O SO
TASK 8- TREE CANOPY AND SUCCESSION PLAN
Subtask 8.1 Arborist Report and Tree Successtion Plan
SUBTASK HOURS 0 0
SUBTOTAL FEE $O $O $O $0 $0
ASK 9- SPECIFIC PLAN DESIGN AND REPORT
Subtask 9.1 Conceptual Design
Subtask 9.2 City Staff Review
Subtask 9.3 Alternatives Presentations
Subtask 9.4 Schematic Design Plan and Report
Subtask 9.5 Present Final Schematic Plan
SUBTASK HOURS
SUBTOTAL FEE $O SO $O $0 $O
TOTAL $29,200
Reimbursable Allowance 1,000
ASK 10 - OPTIONAL SERVI
Subtask 10.1 Architectual Concept and Schematic Design
(TBD)
SUBTASK HOURS
SUBTOTAL FEE $0 $O $O $0
105.es
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 12
EXHIBIT C
FEE PROPOSAL
NOLL & TAM
NOLL & TAM
Principal Associate Principal
Hourly Rate $260 $200 SUBTOTAL
TASK 1 - PROJECT INITIATION AND CITY COORDINATION
Subtask 1.1 Project Initiation
Subtask 1.2 Weekly Updates
SUBTASK HOURS
SUBTOTAL FEE $O $0 $0
ASK 2 - RESEARCH & ANALYSIS
Subtask 2.1 Site Information Review
Subtask 2.2 Existing On-Site Utilities
Subtask 2.3 Topographic Survey
Subtask 2.4 Staff Interview
Subtask 2.5 Site Assessment
Subtask 2.6 Site Assesment Summary 12
SUBTASK HOURS 20 24
SUBTOTAL FEE $5,200 $4,800 $10,000
TASK 3 - COMMUNITY ENGAGEMENT AND INPUT
Subtask 3.1 Community Engagement Plan
Subtask 3.2 Websites / Social Media
Subtask 3.3 Community Advisory Committee Meetings (6)
Subtask 3.4 Survey
Subtask 3.5 Stakeholder Interviews (6-8)
Subtask 3.6 Community Events (7)
Subtask 3.7 Commissions(7)
Subtask 3.8 City Council Meetings(4)
SUBTASK HOURS
SUBTOTAL FEE $O $O $0
TASK 4 - ENVIRONMENTAL/HABITAT ASSESMENT
Subtask 4.1 Initial Study
Subtask 4.2 Geotechnical Evaluation
SUBTASK HOURS 0
SUBTOTAL FEE $O $0 $0
TASK 6 - PARKING STUDY
Subtask 6.1 Inventory and Analysis
Subtask 6.2 Operations Outline
Subtask 6.3 Parking Supply Evaluation
Subtask 6.4 Events and Festival Review
Subtask 6.5 Parking Plan
SUBTASK HOURS
SUBTOTAL FEE $0 $0 $0
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 13
EXHIBIT C
NOLL & TAM
Principa Associate Principal
Hourly Rate $260 $200 SUBTOTAL
Subtask 1.1 Project Initiation
Subtask 1.2 Weekly Updates
SUBTASK HOURS
SUBTOTAL FEE $O
RESEARCH & ANALYSIS
Subtask 2.1 Site Information Review
Subtask 2.2 Existing On-Site Utilities
Subtask 2.3 Topographic Survey
Subtask 2.4 Staff Interview
Subtask 2.5 Site Assessment
Subtask 2.6 Site Assesment Summary
SUBTASK HOURS
SUBTOTAL FEE So
Subtask 3.1 Community Engagement Plan
Subtask 3.2 Websites / Social Media
Subtask 3.3 Community Advisory Committee Meetings (6)
Subtask 3.4 Survey
Subtask 3.5 Stakeholder Interviews (6-8)
Subtask 3.6 Community Events (7)
Subtask 3.7 Commissions(7)
Subtask 3.8 City Council Meetings(4)
SUBTASK HOURS
SUBTOTAL FEE So
TASK 4 - ENVIRONMENTAL/HABITAT ASSESMENT
Subtask 4.1 Initial Study
Subtask 4.2 Geotechnical Evaluation
SUBTASK HOURS
SUBTOTAL FEE $0
Subtask 6.1 Inventory and Analysis
Subtask 6.2 Operations Outline
Subtask 6.3 Parking Supply Evaluation
Subtask 6.4 Events and Festival Review
Subtask 6.5 Parking Plan
SUBTASK HOURS
SUBTOTAL FEE
Subtask 7.1 Art Location Opportunities
SUBTASK HOURS
SUBTOTAL FEE
ESSION PLAI
Subtask 8.1 Arborist Location Opportunities
SUBTASK HOURS
SUBTOTAL FEE SO SO
Subtask 9.1 Conceptual Design
Subtask 9.2 City Staff Review
Subtask 9.3 Alternatives Presentations
Subtask 9.4 Schematic Design Plan and Report
Subtask 9.5 Present Final Schematic Plan
SUBTASK HOURS
SUBTOTAL FEE $o $0
TOTAL $O
Reimbursable Allowance
TASK 10
Subtask 10.1 Architectural Concept and Schematic Services (TBD)| $10,000 SUBTASK HOURS 20| 24
SUBTOTAL FEE $5,200 $4,800
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 14
EXHIBIT C
FEE PROPOSAL
NINYO & MOORE
NINYO & MOORE
Principal Project Sr. Staff Staff Technical Data Utility Geotechnical Engineer Engineer Engineer Engineer Illustrator Processo Locator Driller Hourly Rate $220 $195 $180 $165 $120 $80 $150 $380 SUBTOTAL Subtask 1.1 Project Initiation
Subtask 1.2 Weekly Updates
SUBTASK HOURS 0
SUBTOTAL FEE $220 $0 SO SO SO $O $O $220
ASK
Subtask 2.1 Site Information Review
Subtask 2.2 Existing On-Site Utilities
Subtask 2.3 Topographic Survey
Subtask 2.4 Staff Interview
Subtask 2.5 Site Assessment
Subtask 2.6 Site Assesment Summary
SUBTASK HOURS
SUBTOTAL FEE $O $0 $O $O $0 $O $0 $O
ISK 3 - COMMUNITY ENGAGEMENT AND INPUT
Subtask 3.1 Community Engagement Plan
Subtask 3.2 Websites / Social Media
Subtask 3.3 Community Advisory Committee Meetings (6)
Subtask 3.4 Survey
Subtask 3.5 Stakeholder Interview (6-8)
Subtask 3.6 Community Events (7)
Subtask 3.7 Commissions (7)
Subtask 3.8 City Council Meetings (4)
SUBTASK HOURS
SUBTOTAL FEE SO SO SO $O $O $O $O $O $0
TASK 4 - ENVIRONMENTAL/HABITAT ASSESMENT
Subtask 4.1 Initial Study 24 24 4 20
Subtask 4.2 Geotechnical Evaluation
SUBTASK HOURS 24 24 4 20
SUBTOTAL FEE $5,280 $780 $1,440 $3,960 $480 $160 $600 '$7,600 $20,300 Subtask 6.1 Inventory and Analysis
Subtask 6.2 Operations Outline
Subtask 6.3 Parking Supply Evaluation
Subtask 6.4 Events and Festival Review
Subtask 6.5 Parking Plan
SUBTASK HOURS
SUBTOTAL FEE $O $0 $0 $0 $0 $0 $O
Subtask 7.1 Art Location Opportunities
SUBTASK HOURS 0
SUBTOTAL FEE $O $O $O $0 $O $O $o $o $0
ASK 8- TREE CANOPY AND SUCCESSION PLA
Subtask 8.1 Arborist Report and Tree Succession Plan
SUBTASK HOURS 0
SUBTOTAL FEE $0 $0 $o $0 $O $0 $O
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 15
EXHIBIT C
FEE PROPOSAL
NINYO & MOORE
NINYO & MOORE
Principal Project Sr. Staff Staff Technical Data Utility Geotechnical Engineer Engineer Engineer Engineer Illustrator Processor Locator Driller Hourly Rate $220 $195 $180 $165 $120 $80 $150 $380 SUBTOTAL ASK 9- SPECIFIC PLAN DESIGN AND REPORT
Subtask 9.1 Conceptual Design
Subtask 9.2 City Staff Review
Subtask 9.3 Alternatives Presentations
Subtask 9.4 Schematic Design Plan and Report
Subtask 9.5 Present Final Schematic Plan
SUBTASK HOURS
SUBTOTAL FEE $O $o $O SO SO SO SO $o SO
TOTAL $20,520
Reimbursable Allowance
ASK 10 - OPTIONAL SERVICES
Subtask 10.1 Formation of Community Advisory Committee (CAC)
SUBTASK HOURS
SUBTOTAL FEE SO SO SO SO SO SO SO SO SO
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 16
EXHIBIT C
HOURLY RATE SHEET
GATES + ASSOCIATES
I. HOURLY FEES
HOURLY FEES FOR SERVICES OF: RATE PER HOUR:
Partner $200.00 - $230.00
Principal $185.00 - $200.00
Associate Principal $165.00 - $185.00
Senior Associate $145.00 - $165.00
Job Captain $135.00 - $145.00
Sr. Irrigation Designer $180.00 - $200.00
Community Outreach Facilitator $145.00 - $175.00
Marketing Coordinator $95.00 - $145.00
Administrative/Drafter $90.00 - $135.00
II. EXPENSES (REIMBURSABLES)
A. Consultants at approximately the same rates indicated above or on consultant fee schedules.
B. Other direct expenses at cost which may include:
1. Printing and reproduction costs.
2. Mileage and travel costs.
3. Miscellaneous
Hourly rates may be adjusted on January 1 of each year and shall apply for any services rendered after that date.
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 17
EXHIBIT C
HOURLY RATE SHEET
SANDIS
SANDIS
STANDARD HOURLY CHARGE RATES
Enforced: January 1, 2022 through December 31, 2022
ENGINEERING SERVICES / QSD & QSP SERVICES
Project Specialist/Clerical $105.00
Computer/Field/Engineer Technician Level l $105.00
Level I| $115.00
Level III $125.00
Sr. Engineer Technician $130.00
Design Engineer Level | $120.00
Level I| $125.00
Level III $130.00
Project Engineer/Traffic Engineer Level l $150.00
Level II $170.00
Level III $180.00
Senior Engineer Level l $190.00
Engineering Project Manager Level l $195.00
Level Il $235.00
Associate Principal/Sr. Project Manager/Sr. Traffic Engineer $285.00 Principal $350.00
Forensic Review/Analysis/Claim Support $285.00
SURVEYING SERVICES / HIGH DEFINITION SCANNING/3-D MODELING SERVICES Computer/Surveying/Scanning Technician Level l $105.00
Level II $110.00
Level Ill $125.00
Project Surveyor/Scanning Specialist Level l $135.00
Level I| $145.00
Level Ill $175.00
Survey Project Manager Level l $195.00
Level I| $235.00
Senior Field Survey Supervisor/AISC/Manager $285.00
Utility Locating Services 1-Person Crew $175.00
Utility Locating Services 2-Person Crew $290.00
Utility Locating Manager $165.00
1-Person Survey Crew $195.00
2-Person Survey Crew $325.00
2-Person Survey Crew with Apprentice $450.00
3-Person Survey Crew $500.00
Union Field Surveyor Official Travel $75.00
REIMBURSABLE COSTS: Printing, monuments, materials, outside services and consultants, courier/delivery services, express/overnight mail, travel/per diem, agency fees advanced, etc., at cost plus 10%.
OVERTIME: All overtime charges are invoiced on the basis of one and one-half times the above rates. Double time invoiced at two times above rates.
ESCALATION: Escalation for future years shall be at a minimum of 3.5% increase per year.
Sandis at its sole discretion may utilize its subsidiaries to perform the services presented in this proposal.
CUPERTINO MEMORIAL PARK SPECIFIC PLAN RFO| MARCH 2022
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 18|
EXHIBIT C
HOURLY RATE SHEET
DAVID J.POWERS
KER DAVID J. POWERS
ASSOCIATES, INC
ENVIRONMENTAL CONSULTANTS & PLANNEI
CHARGE RATE SCHEDULE
Title Hourly Rate
Senior Principal $ 320.00
Principal Project Manager $295.00
Senior Environmental Specialist $ 250.00
Senior Project Manager $ 230.00
Environmental Specialist $ 215.00
Project Manager $ 205.00
Associate Project Manager $ 180.00
Assistant Project Manager • $ 150.00
Researcher $ 130.00
Graphic Artist $ 120.00
Materials, outside services and subconsultants include a 15% administration fee.
Mileage will be charged per the current IRS standard mileage rate at the time costs occur.
Subject to revision January 1, 2023.
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 19
EXHIBIT C
HOURLY RATE SHEET
TJKM
TJKM
RATE SCHEDULE
Principal $250/hour
Director... 230/hour
Senior Project Manager 210/hour
Project Manager..... .180/hour
Senior Transportation Engineer.. .165/hour
Transportation Engineer.. 145/hour
Assistant Transportation Engineer 125/hour
Senior Transportation Planner .125/hour
Transportation Planner... 120/hour
Assistant Transportation Planner.. 115/hour
Graphics Designer.. 110/hour
Designer... 100/hour
Technical Staff II. 90/hour
Administration Staff 80/hour
Production Staff. 55/hour
Reimbursable Expenses
Plotting (per sheet) .$18.00
Travel Cost (per mile, subject to change; based on IRS standard mileage rates). ..0.56 All outside services are billed at cost plus a ten percent margin for handling.
Expert Witness charges available upon request.
Rates Effective January 1, 2022
Rates Subject to Change
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 20
EXHIBIT C
HOURLY RATE SHEET
NINYO & MOORE
Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist $ 220 Senior Engineer/Geologist/Environmental Scientist $ 210 Senior Project Engineer/Geologist/Manager/Environmental Scientist $ 200 Project Engineer/Geologist/Manger/Environmental Scientist $ 195 Senior Staff Engineer/Geologist/Environmental Scientist $ 180 Staff Engineer/Geologist/Environmental Scientist 165
GIS Analyst $ 145
Technical Illustrator/CAD Operator $ 120
Field Staff
Certified Asbestos/Lead Technician $ 200
Field Operations Manager $ 130
Nondestructive Examination Technician (UT, MT, LP) $ 125 Supervisory Technician $ 120
Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) 115 Senior Technician $ 115
Technician 110
Administrative Staff
Information Specialist $ 100
Geotechnical/Environmental/Laboratory Assistant/Dispatcher $ 100 Data Processor 80
Other Charges
Concrete Coring Equipment (includes technician) 190/hr
Anchor Load Test Equipment (includes technician) $ 190/hr GPR Equipment 180/hr
Inclinometer 100/hr
Hand Auger Equipment 80/hr
Rebar Locator (Pachometer) 25/hr
Vapor Emission Kit 65/kit
Nuclear Density Gauge 12/hr
X-Ray Fluorescence 70/hr
PID/FID 25/hr
Air Sampling Pump $ 10/hr
Field Vehicle $ 15/hr
Expert Witness Testimony $ 450/hr
Direct Expenses Cost plus 15 %
Special equipment charges will be provided upon request.
Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and the first 8 hours on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours Monday through Friday, in excess of 8 hours on Saturday, all day Sunday and on holidays. Field technician and special inspection hours for day shift work are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours, and 1/2-hour increments thereafter.
Field technician and special inspection hours for shift work (starting at or after 2 PM or before 4 AM) are charged at an 8-hour minimum. Field services are billed on a portal-to-portal basis from our base of operations. Cancellations made after 4 PM on the prior business day are subject to a 4-hour charge.
Our rates will be adjusted proportionally in conjunction with any increase in the Prevailing Wage Determination during the life of the project, as applicable. Prevailing wage adjustments are made July 1 annually. For non-prevailing wage projects our rates are subject to a cost-of-living adjustment based on the consumer price index (CPI-W) annually on a calendar year basis.
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 21
EXHIBIT C
HOURLY RATE SHEET
NINYO & MOORE
Schedule of Fees for Laboratory Testing
SOILS CONCRETE
Atterberg Limits, D 4318, CT 204 170 Compression Tests, 6x12 or 4x8 Cylinder, C 39 Califomia Bearing Ratio (CBR), D 1883 550 Concrete Mix Design Review, Job Spec Chloride and Sulfate Content, CT 417 & CT 422 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI $ 850 Consolidation, D 2435, CT 219 $ 300 Concrete Cores, Compression (excludes sampling), C 42 $ 120 Consolidation, Hydro-Collapse only, D 2435 $ 150 Drying Shrinkage, C 157 $ 400 Consolidation - Time Rate, D 2435, CT 219 $ 200 Flexural Test, C 78 $ 85 Direct Shear - Remolded, D 3080 350 Flexural Test, C 293 85 Direct Shear - Undisturbed, D 3080 $ 300 Flexural Test, CT 523 95 Durability Index, CT 229 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI $ 275 Expansion Index, D 4829, IBC 18-3 190 Lightweight Concrete Fill, Compression, C 495 $ 80 Expansion Potential (Method A), D 4546 170 Petrographic Analysis, C 856 $ 2,000 Geofabric Tensile and Elongation Test, D 4632 200 Restrained Expansion of Shrinkage Compensation 450 Hydraulic Conductivity, D 5084 350 Splitting Tensile Strength, C 496 $ 100 Hydrometer Analysis, D 6913, CT 203 $ 220 3x6 Grout, (CLSM), C 39 $ Moisture, Ash, & Organic Matter of Peat/Organic Soils $ 120 2x2×2 Non-Shrink Grout, C 109 Moisture Only, D 2216, CT 226
Moisture and Density, D 2937 ASPHALT
Permeability, CH, D 2434, CT 220 300 Air Voids, T 269 $ 85 pH and Resistivity, CT 643 175 Asphalt Mix Design, Caltrans (inc. Aggregate Quality) $ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180 $ 220 Asphalt Mix Design Review, Job Spec $ 180 Proctor Density with Rock Correction D 1557 340 Dust Proportioning, CT LP-4 $ 85 R-value, D 2844, CT 301 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382 250 Sand Equivalent, D 2419, CT 217 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 $ 150 Sieve Analysis, D 6913, CT 202 $ 145 Film Stripping, CT 302 $ 120 Sieve Analysis, 200 Wash, D 1140, CT 202 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 $ 225 Specific Gravity, D 854 $ 125 Marshall Stability, Flow and Unit Weight, T 245 $ 240 Thermal Resistivity (ASTM 5334, IEEE 442) 925 Maximum Theoretical Unit Weight, D 2041, CT 309 150 Triaxial Shear, C.D, D 4767, T 297 550 Moisture Content, CT 370 95 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pi $ 350 Slurry Wet Track Abrasion, D 3910 150 Triaxial Shear, U.U., D 2850 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) $ 4,900 Unconfined Compression, D 2166, T 208 $ 180 Superpave, Gyratory Unit Wt, T 312 $ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 $ 1,000
MASONRY Unit Weight sample or core, D 2726, CT 308 $ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 Voids in Mineral Aggregate, (VMA) CT LP-2 90 Brick Compression Test, C 67 Voids filled with Asphalt, (VFA) CT LP-3 90 Brick Efflorescence, C 67 Wax Density, D 1188 $ 140
Brick Modulus of Rupture, C 67
Brick Moisture as received, C 67 $ AGGREGATES
Brick Saturation Coefficient, C 67 60 Clay Lumps and Friable Particles, C 142 $ 180 Concrete Block Compression Test, 8x8x16, C 140 70 Cleanness Value, CT 227 $ 180 Concrete Block Conformance Package, C 90 $ 500 Crushed Particles, CT 205 $ 175 Concrete Block Linear Shrinkage, C 426 $ 200 Durability, Coarse or Fine, CT 229 $ 205 Concrete Block Unit Weight and Absorption, C 140 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 $ 180 Cores, Compression or Shear Bond, CA Code Flat and Elongated Particle, D 4791 $ 220 Masonry Grout, 3x3x6 prism compression, C 39 Lightweight Particles, C 123 $ 180 Masonry Mortar, 2x4 cylinder compression, C 109 noision Los Angeles Abrasion, C 131 or C 535 $ 200 Masonry Prism, half size, compression, C 1019 Material Finer than No. 200 Sieve by Washing, C 117 90 Masonry Prism, Full size, compression, C 1019 200 Organic Impurities, C 40 $ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 $ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 $ 950 Chemical Analysis, A 36, A 615 $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 $ 475 Fireproofing Density Test, UBC 7-6 90 Sand Equivalent, T 176, CT 217 $ 125 Hardness Test, Rockwell, A 370 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 $ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 $ 145 per assembly, A 325 150 Sodium Sulfate Soundness, C 88 450 Mechanically Spliced Reinforcing Tensile Test, ACI 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 115 Pre-Stress Strand (7 wire), A 416 170 Specific Gravity and Absorption, Fine, C 128, CT 207 $ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 75 Structural Steel Tensile Test Up to 200,000 Ibs., A 370 90 ROOFING Welded Reinforcing Tensile Test Up to No. 11 bars, ACI $ Roofing Tile Absorption, (set of 5), C 67 $ 250 Roofing Tile Strength Test, (set of 5), C 67 250
Special preparation of standard test specimens will be charged at the technician's hourly rate.
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.
MEMORIAL PARK SPECIFIC PLAN, COMPENSATION • PAGE 22
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
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 10 (04/13).
• 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.
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 claim, $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:
Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts Form Updated Jan. 2022 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 CL 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.
Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts Form Updated Jan. 2022 DAVILGA-01 MICHAELA
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MANDOMYYY) 6/27/2022
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
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 ADDITONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
I 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 lleu of such endorsements).
PRODUCER License # 0E67768 ERNTACT Gloria Page
IOA Insurance Services AC, No, Ext: (925) 918-4540
3875 Hopyard Road (A/C, No):
Sulte 200 ADDREss: [email protected]
Pleasanton, CA 94588
INSURERS) AFFORDING COVERAGE NAIC •
INSURER A : RLI Insurance Company .13056
INSURED INSURER B: Property & Casualty Insurance Company of Hartford 34690 David L. Gates & Associates, Inc. INSURER C: Arch Insurance Company 11150 1655 North Main Street, Sulte 365 INSURER D:
Walnut Creek, CA 94596
INSURER E:
INSURER F:
CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO
IOTWITHSTANDING 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.
A: X COMMERCIAL GENERAL LIABILITY 2,000,000
EACH OCCURRENCE
CLAIMS-MADE X OCCUR PSB0002427 9/1/2021 9/1/2022 DAMAGE TO RENTED 1,000,000 PREMISES (Ea occurrence)
MED EXP (Arry one person). 10,000
PERSONAL & ADV INJURY 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X PEST ¡ LOC 4,000,000
_PRODUCTS - COMP/OP AGG
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE EMIT 1,000,000
(Ea accident) $
X ANY AUTO PSA0002112 9/1/2021 9/1/2022
BODILY INJURY (Per person)
CUTES ONLY BODILY INJURY (Per accident) $
AS ONLY OPERTY DAMAI
er acciden $
UMBRELLA LIAB OCCUR EACH OCCURRENCE 5,000,000
EXCES8 LIAB CLAIMS-MADE PSE0001757 9/1/2021 9/1/2022 5,000,000 AGGREGATE $
DED: RETENTIONS
ORKERS COMPENSATIC
ID EMPLOYERS LIABIL X SFATUTE .. LOTH
YIN 57WEGAH4U9J 9/1/2021 9/1/2022 1,000,000
N N/ A E.L. EACH ACCIDENT
Tory no 1,000,000
EL. DISEASE • EA EMPLOYEE $
yes, describe und
ESCRIPTION OF OPERATIONS bei EL. DISEASE - POLICY LIMIT S 1,000,000 C Professional Liab. PAAEP0114202 9/1/2021 9/1/2022 Per Claim 2,000,000 C Professional Liab. PAAEP0114202 9/1/2021 9/1/2022 Aggregate 4,000,000 ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace la required ZE: Momorial Park Revised Scope and Fer
All operations of the Named Insured, Including the aforementioned project, if any.
General Liability: The City of Cupertino, Its City Council, officers, officials, employees, agents, servants and volunteers are Included as Additional Insured on Primary & Non-Contributory basis with Walver of Subrogation Included, as required by written contract Auto Liabllity: The City of Cupertino, Its City Council, officers, officials, employees, agents, servants and volunteers are included as Additlonal insured with Walver of Subrogation Included, as required by written contract.
Workers' Compensation: Waiver of Subrogation Is In favor of The City of Cupertino, Its City Council, officers, officials, employees, agents, servants and volunteers, as required by written contract
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
City of Cupertino
10300 Torre Ave Preno Calduall
Cupertine, CA 95014
ACORD 25(2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Policy Number: PSB0002427 RLI Insurance Company
Named Insured: David L. Gates & Associates
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® FOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION II - LIABILITY
1. C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
lou agree in a contract or agreement requiring
nsurance to include as an additional insured on thi:
policy, but only with respect to liability for "bodily overs such additional insured as a named insurec injury", "property damage" or "personal and ind we will not share with that other insurance advertising injury" caused in whole or in part by you
or those acting on your behalf:
a. The "bodily injury" or "property damage" for
a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which "your work" and included coverage is sought arises out of an offense c. In connection with
"product-completed committed after you have entered into that within operations
hazard". contract or agreement.
2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us - COMMON POLICY CONDITIONS (BUT
a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II - any person or organization for which coverage LIABILITY) as an additional insured specifically is added by
another endorsement to this policy. We waive any rights of recovery we may have against any person or organization because of
b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only where you have agreed to do so as part of a
Medical Expenses Limits of insurance.
contract or agreement with such person or
3. The following is added to SECTION III H.2. Other
Insurance - COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II -
However, if you specifically agree in a contract or
agreement that the insurance provided to an
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 304 02 12 Page 1 of 1
Policy Number: PSA0002112
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract.
The following is added to the SECTION II - The waiver applies only to the person or
COVERED AUTOS LIABILITY COVERAGE, Para- organization designated in such contract. graph A.1. Who Is An Insured Provision:
E. Employee Hired Autos
Any business entity newly acquired or formed by you
during the policy period, provided you own fifty O 1. The following is added to the SECTION II - percent (50%) or more of the business entity and the COVERED AUTOS LIABILITY COVERAGE, business entity is not separately insured for Bus- Paragraph A.1. Who Is An Insured Provision:
iness Auto Coverage. Coverage is extended up to a
maximum of one hundred eighty (180) days An "employee" of yours is an "insured" while operating an "auto" hired or rented under
following the acquisition or formation of the business contract or agreement in that "employee's" entity.
name, with your permission, while performing
This provision does not apply to any person or duties related to the conduct of your business. organization for which coverage is excluded by 2. /Changes In General Conditions:
endorsement.
Paragraph 5.b. of the Other Insurance Con-
B. Employees As Insureds
dition in the BUSINESS AUTO CONDITIONS is
The following is added to the SECTION II- deleted and replaced with the following:
COVERED AUTOS LIABILITY COVERAGE, Para-
b. For Hired Auto Physical Damage Coverage,
graph A. 1. Who Is An Insured Provision:
the following are deemed to be covered
Any "employee" of yours is an "insured" while using "autos" you own:
a covered "auto" you don't own, hire or borrow in
your business or your personal affairs. (1) Any covered "auto" you lease, hire, rent or borrow; and
C. Blanket Additional Insured (2) Any covered "auto" hired or rented by The following is added to the SECTION II - your "employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.1. Who Is An Insured Provision: permission, while performing duties related to the conduct of your business.
Any person or organization that you are required to However, any "auto" that is leased include as an additional insured on this coverage
hired, rented or borrowed with a driver is
form in a contract or agreement that is executed by
not a covered "auto".
you before the "bodily injury" or "property damage"
occurs is an "insured" for liability coverage, but only F. Fellow Employee Coverage for damages to which this insurance applies and SECTION II - COVERED AUTOS LIABILITY only to the extent that person or organization
qualifies as an "insured" under the Who Is An COVERAGE, Exclusion B.5. does not apply if you Insured have workers compensation insurance in-force
provision contained in SECTION II -
COVERED AUTOS LIABILITY COVERAGE. covering all of your employees.
The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III - PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition you are required to do so in a contract or agreement of the following:
that is executed by you before the "bodily injury" or
"property damage" occurs. In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay
any unpaid amount due on the lease or loan for a
D. Blanket Waiver Of Subrogation
covered "auto", less:
The following is added to the SECTION IV - BUSI-
NESS AUTO CONDITIONS, A. Loss Conditions, 1. The amount paid under the PHYSICAL
5. Transfer Of Rights Of Recovery Against DAMAGE COVERAGE section of the policy; and
Others To Us:
We waive any right of recovery we may have against 2. Any:
any person or organization to the extent required of a. Overdue lease/loan payments at the time of you by a contract executed prior to any "accident" or the "loss"; PPA 300 03 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57 WEG AH4U9J Endorsement Number:
Effective Date: 09/01/21 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: Gates & Associates
2671 CROW CANYON RD
SAN RAMON CA 94583
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 2% of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: 06/01/21 Policy Expiration Date: 09/01/22