Agenda packet — City Council and Authorities Concurrent, September 27, 2022 (part 2 of 8)

Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 1 Rev. 09-28-18

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below. Consultant and Contractor are used interchangeably in this Exhibit A.

I. OBJECTIVE
The City of Santa Clara (City) desires to engage a qualified firm (Consultant) to perform professional services to update the City’s Sanitary Sewer Master Plan based on the latest available information.

II. BACKGROUND
City has a population of approximately 130,000 and is served by a wastewater collection system consisting of approximately 288 miles of sewer pipelines and seven sewage pump/lift stations. The collection system conveys wastewater flows to the San José-Santa Clara Regional Wastewater Facility (RWF), located north of Highway 237 in San Jose. The City also receives flow from the Cupertino Sanitation District (CuSD) at Homestead Road under an agreement with the City. The wastewater is conveyed from the City to the RWF at two locations: at the northeast corner of the City just east of Lafayette Street, where flow is pumped via the Northside and Rabello pump stations in force mains to the RWF; and on the eastern side of the City east of De La Cruz Boulevard and Highway 101, where flow discharges by gravity into a 48-inch sewer in Trimble Road that conveys the flow to the City of San Jose’s interceptor in Zanker Road.

The City’s sanitary sewer hydraulic model, using InfoWorks ICM, represents a network of larger diameter pipes that comprises the “backbone” of the system. Approximately 92 miles of sewer pipelines and all seven wastewater pump stations are included in the modeled system. The original model was developed in 2007 and has been updated several times. In 2009, an update was completed to include land uses consistent with the City’s General Plan update which includes future land uses based on the 2035 planning horizon. The model has also been continuously updated to reflect developments with intensified land uses and to incorporate sanitary sewer projects impacting the model pipe network.

III. BASIC SERVICES—GENERAL
The selected Consultant shall update the City’s existing sanitary sewer hydraulic model to reflect current water use data, up-to-date land use planning information, sewer flow monitoring and rainfall data, and sanitary sewer network pipe attributes (all-pipes model) and conditions. Consultant shall recalibrate the model and use the model to perform a capacity analysis of the sanitary sewer system and update the model with sewer improvement projects to address identified deficiencies.

Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 2 Rev. 09-28-18
The services performed, and the reports generated, shall comply with the applicable requirements under the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Element 8, System Evaluation and Capacity Assurance Plan.

The detailed Basic Services are anticipated as necessary to meet CITY’s objective to update the master plan with the latest available information.

IV. BASIC SERVICES
The selected Consultant shall perform the professional services required to achieve the project objective(s). Tasks are anticipated to include, but are not necessarily be limited to, those listed below.

Project Management and Coordination
a. Project Administration—A Project Manager shall direct, coordinate and monitor the activities of the work with respect to budget, schedule, and contractual obligations. The Project Manager shall work closely with the City staff, other agencies as deemed appropriate, and other stakeholders as required for completion of the work.
i. Update the project schedule monthly and identify any schedule impacts. Develop mitigation schedules to recover delays. Schedule extensions will be subject to review and approval by the City. ii. Manage consultant staff and resources consistent with the work plan and direction from the City.
iii. Develop and submit monthly progress reports to include: status of work completed to date; work anticipated to be completed in the next reporting period; schedule update; problems/issues identified during the reporting period; and outstanding issues (to remain on the list until resolved).
b. Coordination Meetings—Consultant shall establish a schedule for meetings between the Consultant and City staff, as needed, to review project progress, discuss project challenges and findings, review work results, and identify required decisions by the City. Consultant shall ensure that City staff and Consultant team members maintain a shared understanding of work direction, objectives, and deliverables. The City anticipates a minimum of one meeting per month. When the work requires more frequent meetings, more than one meeting per month shall be anticipated. Consultant shall prepare meeting minutes.
c. Quality Control and Quality Assurance—Consultant shall conduct internal quality control and quality assurance activities and meetings to ensure quality of services and work products. Provide City with a copy of the Consultant’s Quality Program (refer to Subtask 1.1). Provide a Quality Control / Quality Assurance report at the completion of each major work activity/task. d. Consultant shall utilize eBuilder Project Management for all related project management tasks.

Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 3 Rev. 09-28-18
e. Deliverables
i. Monthly Progress Reports including schedule updates
ii. Quality Control / Quality Assurance reports
iii. Coordination Meeting Minutes
iv. Monthly invoices
Task 1—Data Collection, Review and Evaluation
Subtask 1.1 – Develop Project Work Plan, Schedule, and QA/QC Plan a. Develop a work plan to ensure the work is completed according to schedule. Submit a schedule to the City to include significant activities and milestones. Schedule format shall be MS Project (preferred). b. Provide City with a copy of the Consultant’s Quality Program c. Deliverables
i. Initial Work Plan and Schedule
ii. Consultant’s Quality Program
Subtask 1.2 – Kickoff Meeting and Data Request
a. Kick-Off Meeting—Consultant shall initiate a project kick-off meeting, develop the agenda, invite necessary attendees, collect data, and discuss the schedule for the work. A major goal of the meeting will be to develop goals, objectives and criteria for the work.
b. Prepare data request list.

Subtask 1.3 – Review and Evaluate Data and Information
a. Other than information already in Consultant’s possession, City will provide and Consultant shall organize, summarize, review, evaluate and incorporate information from the latest various sources, documents, and data required to perform the work b. The sources include, but are not necessarily limited to, the following:
i. 2016 Sanitary Sewer Master Plan Update hydraulic model (Note that the 2016 model has been continuously updated from 2016 to the present)
ii. Sanitary sewer database from the 2016 Sanitary Sewer Master Plan Update and inventory data (manhole ID numbers and rim elevations, pipe upstream and downstream manhole ID numbers, pipe diameters, lengths, and invert elevations, pipe capacities.
iii. Sanitary sewer block book
iv. Flow data from system pump stations and lift stations v. Flow monitoring data
vi. GIS files of up-to-date parcel and street base mapping and associated parcel data
vii. GIS files of up-to-date land use mapping
Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 4 Rev. 09-28-18
viii. Known proposed development plans under discussion ix. Available current sewer and/or water billing data to update the parcel loads for the hydraulic model
x. Available current water use records to update the model loads and unit flow criteria
xi. Available pertinent flow data as applicable for any City-maintained meter site, pump stations, etc. and data from tributary agencies (e.g.

Cupertino Sanitary District)
xii. Note items ii through xi above are updates to existing model data xiii. Available computerized maintenance management system (Lucity) data including pipe materials, date of construction (age), condition, and maintenance schedule and history
xiv. Available sewer inspection records
xv. Available condition assessment data and reports
xvi. Known problem areas
xvii. Sewer financial data including sewer rates and fees, expenditures, etc.
xviii. Prior modeling information
xix. 2007 Sanitary Sewer Capacity Assessment Final Report xx. 2009 Sanitary Sewer Capacity Assessment Update
xxi. 2016 Sanitary Sewer Master Plan Update Final Report (2016 SSMP Update)
xxii. 2022 Addendum to the 2016 SSMP Update
xxiii. 2022 Citywide Data Center Discharge Study
xxiv. 2020 Sewer Flow Monitoring and Inflow/Infiltration Study xxv. Current Municipal Fee Schedule including sewer conveyance fee xxvi. Conveyance Fee fund balance information
xxvii. Northside and Rabello Pump Station Firm Capacity Evaluation Memorandum/Report (2022)
c. Evaluate existing information and identify any missing data required to perform the work. Coordinate necessary activities to acquire the missing data.

Subtask 1.4 – Prepare Summary of Existing Information
a. Deliverables
i. List and Summary of existing information
Task 2—Flow Monitoring
Subtask 2.1 – Develop Flow Monitoring Plan
a. Develop Flow Monitoring Plan
Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 5 Rev. 09-28-18
i. Review data from permanent flow meters and rain gauges including data from Cupertino Sanitary District’s flow meter at Homestead Road.
ii. Recommend additional quantity and locations of flow meters and rain gauges needed to update and confirm calibration of the hydraulic model. Identify alternate sites in case the initial sites are found to not be suitable.
iii. Provide rationale for extent of flow and rain monitoring citing best practices and other agency experiences
iv. Provide a draft Flow Monitoring Plan that includes a listing and map of the proposed flow meters and rain gauge sites, and schedule for field work. Incorporate City comments into Flow Monitoring Plan and meet with City to review comments (if applicable).
b. Flow Monitoring Plan Deliverables
i. Draft Flow Monitoring Plan
Subtask 2.2 – Flow Monitoring Mobilization
a. Conduct site investigations
b. Provide a Health and Safety Plan for the flow monitoring field work. c. Provide site Traffic Control Plans for City’s review and approval d. If a proposed meter or gauge site is located within another agency’s rightof-way or impacts a county expressway, obtain an encroachment permit from the agency. Encroachment permit fees will be paid by the City. e. Set up website for remote data download and data review f. Update Flow Monitoring Plan as needed based on the site investigations and permit requirements.
g. Flow Monitoring Mobilization Phase Deliverables
i. Traffic Control Plans
ii. Health and Safety Plan
iii. Encroachment Permits
iv. Final Flow Monitoring Plan
Subtask 2.3 – Conduct Flow Monitoring
a. Implement Flow Monitoring Plan
i. Provide all necessary equipment including, but not limited to, flow meters, rain gauges, materials, and experienced personnel to perform the work
ii. Start installation of flow meters and rain gauges at a date agreed to by City and Consultant, but no less than two weeks after City’s approval of the final Flow Monitoring Plan and approval of encroachment permits by the City (or other agency, if needed). iii. Conduct flow monitoring for a period of at least 60 days iv. Field calibrate and verify accuracy and consistency of each flow meter in depth and velocity readings upon time of installation and at Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 6 Rev. 09-28-18
each site visit. Site visits shall be conducted a minimum of four times during the 60-day flow monitoring period or more frequently if needed to address any issues identified through weekly data review.
v. Flow monitors shall be depth-velocity type meters capable of recording measurements in at least 5-minute intervals and reporting data in 15-minute intervals
vi. Rain gauges shall be tipping-bucket type. Precipitation data shall be recorded at a maximum of 15-minute intervals
vii. Flow meters and rain gauges shall be checked and interrogated daily via remote access throughout the monitoring period viii. Review data within one week of each interrogation during the flowmonitoring period to identify the need for any additional calibration or other actions necessary to provide accurate data. Notify City within one day of any observed irregularities in data or problems or unusual conditions encountered in the field or during meter maintenance and calibration and identify the cause of the irregularities. If the conditions at the meter site change during the flow monitoring period such that the Consultant determines that the site is no longer suitable for flow monitoring, City may authorize Consultant to relocate the meter as an additional service. ix. Obtain independent measurements of flow depth and velocity for a full range of diurnal flow depths to verify or adjust meter calibration as necessary
x. Remove the flow meters and rain gauges at the end of the flow monitoring period
xi. If, in the judgment of Consultant and City, the rainfall during the flow monitoring period is considered to be insufficient for obtaining the flow data necessary for the work, the City may authorize extension of the flow monitoring on a weekly basis up to four (4) additional weeks.
xii. Review flow data collected in the field throughout the monitoring period
xiii. Evaluate data trends, consistency in daily flow patterns, and responses to storm events
Subtask 2.4 – Prepare Flow Monitoring Report
a. Prepare a Flow Monitoring Report containing copies of each monitor site report including weekly plots of final flow and rainfall, and summary tables of average, minimum, and maximum daily flows for each meter. Provide files of 15-minute depth, velocity, and flow rate for each flow meter and rainfall for each rain gauge in MS Excel format.
b. Anticipate Draft and Final Report submittals. Incorporate City comments into reports and meet with City to review comments (if applicable). c. Flow Monitoring Plan Implementation Deliverables
Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 7 Rev. 09-28-18
i. Flow and Rainfall Data Plots (provide at progress meeting at the approximate mid-point of monitoring program)
ii. Flow Monitoring Reports (Draft and Final)
iii. Data for Flow Meter and Rain Gauges for entire monitoring period Task 3—Hydraulic Model Update
Subtask 3.1 – Update Model Network
a. Use City’s existing model in InfoWorks ICM as basis for modeling work b. Identify areas in the City’s existing model where the model data (inverts and/or rim elevations) need to be confirmed with field measurements.

These areas would be targeted to sewers previously identified as potential areas of concern or key flow split locations. A list of manholes to be field surveyed will be provided. City will provide field measurements and observations to validate and update (as needed) model data. c. Create all-pipe model network including all City-owned sewers in the system. City will provide GIS files with information on pipe diameter, lengths, rim and invert elevations, and material for use in developing the all-pipe network. Consultant will use model tools to validate the network to identify missing or suspect data. City will provide record drawings or field measurements to address any identified data issues.
d. Update all-pipe model network with completed sewer projects that have not yet been incorporated into the City’s GIS files. City will provide record drawings for these projects.

Subtask 3.2 – Update Existing and Near-Term Loads
a. Update the existing model loads using recent water use data. Hold meeting with the City’s billing and/or GIS department staff to review data request and format. Hold a follow up meeting (as needed) to discuss follow up questions regarding the data. The billing database will be used to create a table of large dischargers (defined as accounts with an average water use of over 50,000 gallons per day). City will provide operational information regarding their sewer discharge patterns. The information will be used to develop user specific diurnal curves. b. Update near-term model loads based on updated existing loads and development data. Meet with the City’s planning department staff to obtain relevant planning documents on developments that have submitted planning review applications. The projected timing of developments will also be discussed to provide input for sewer improvement project phasing.

City will provide development information in GIS format, as available. c. Review and update existing and near-term flows from the Cupertino Sanitary District (CuSD) in coordination with the City. Existing CuSD flows will be based on recent flow data recorded at the CuSD permanent meter (if it appears reliable based on review performed as part of Task 2 Subtask 2.1). Alternatively, existing CuSD flows will be based on data recorded at a temporary meter (to be proposed as part of Task 2). Near- Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 8 Rev. 09-28-18
term flows from CuSD will be based on CuSD hydraulic model results for both near-term dry and wet weather flow conditions based on the “Existing plus Approved Projects” model scenario as described in the December 2019 Report (Cupertino Sanitary District Flow Modeling Analysis Homestead Flume Outfall to City of Santa Clara).

Subtask 3.3 – Update Future Model Loads
a. Estimate future model loads and timing based on information from the City’s Planning Division. Hold meeting with the City’s Planning Division staff to discuss any changes to the City’s General Plan 2035 including the basis for the land use projections. City will provide current General Plan 2035 data in a GIS format, as available. The data shall also identify parcels identified as underutilized and associated development capacity. b. Review and update future flows from the Cupertino Sanitary District in coordination with the City. Hold meeting with the City and CuSD to discuss estimated CuSD future flows (as described in CuSD’s December 2019 Report) in relation to their existing contractual limit of 13.8 million gallons per day (mgd). Following meeting, City will provide direction on modeling of CuSD’s future flows.

Subtask 3.4 – Review Flow Criteria
a. Review previous flow factors and refine as needed in conjunction with model calibration
b. Include a discussion in the Calibration Methodology Technical Memorandum (refer to Subtask 3.5) regarding best practices for incorporation of flow monitoring and rainfall data, and information resulting from the analysis of this data, into the sanitary sewer hydraulic model and model calibration. The discussion shall also address drought conservation measures, the measures’ impact upon water use and sanitary sewer flow rates, and recommendation(s) for adjustments to flow rates to account for these conditions.

Subtask 3.5 – Develop Calibration Methodology and Prepare TM a. Develop calibration methodology and present to City for review prior to calibrating model
b. Develop Calibration Methodology Technical Memorandum. Incorporate City comments into memorandum and meet with City to review comments (if applicable).
c. Deliverables
i. Calibration Methodology Technical Memorandum
Subtask 3.6 – Calibrate Model
a. Calibrate the model considering all gathered data. The model will be run under existing conditions to compare the computed dry weather and wet weather flow hydrographs to observed flow monitoring data collected under Task 2. Modeling parameters will be adjusted as needed to achieve a reasonable match for modeled to metered flows.

Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 9 Rev. 09-28-18
Subtask 3.7 – Prepare Model Update Deliverables
a. Develop Technical memorandum presenting summary information of existing model attributes including, but not necessarily limited to, the following: a) pump/lift station wet well elevations & dimensions, number of pumps, pump types, on/off levels & discharge curve; b) system network flow split locations, existence of weirs or other flow diversion devices, description of how flow is split with relationship to flow quantity/elevation, etc.; c) any other unique or notable system elements that significantly impact the network operation. The TM shall make any suggested recommendations for changes (if applicable). Incorporate City comments into memorandum and meet with City to review comments (if applicable). b. Deliverables
i. Technical Memorandum detailing changes made to the hydraulic model and summary information of existing model attributes ii. Hydraulic model files (InfoWorks ICM transportable database and exported GIS (shape) files of model network (to be provided at conclusion of project)
Task 4—System Performance Evaluation and Required Improvements Subtask 4.1 – Review Hydraulic Deficiency & Design Criteria and Prepare TM a. Review current hydraulic deficiency criteria, analyze possible changes to criteria (range of options), evaluate criteria from other agencies (up to five similarly sized systems), and make recommendations
b. Analyze engineering design criteria, evaluate other agency criteria (up to five similarly sized systems) and best industry practices, recommend changes to criteria if appropriate
c. Develop Technical Memorandum presenting analysis of hydraulic deficiency criteria and engineering design criteria and recommendation for changes. Incorporate City comments into memorandum and meet with City to review comments (if applicable).
d. Deliverables
i. Technical memorandum presenting analysis of hydraulic deficiency criteria and engineering design criteria and recommendation for changes
Subtask 4.2 – Evaluate System Performance
a. Evaluate system performance to identify deficiencies and develop preliminary solutions (analysis shall include existing peak dry weather, existing peak wet weather, near-term peak dry weather, near-term peak wet weather, future peak dry weather, and future peak wet weather).

Analysis shall compare predicted peak flows to capacity of pump/lift stations, gravity pipes, and force-mains and identify where additional capacity is required. For the Northside and Rabello pump stations, model predicted flows will be compared to the firm capacities identified in Schaaf & Wheeler’s evaluation (report dated July 2022).

Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 10 Rev. 09-28-18
Subtask 4.3 – Develop Preliminary Solutions
a. Evaluate and recommend overall strategy for balancing wastewater flow between the major trunk lines taking into consideration future land use build-out and changes
b. Consider system element condition in evaluating solutions (supplement model data with pipe type, age and condition; incorporate condition assessment information developed by the City). System element condition information includes known problem areas, inspection records, and condition of manholes, junction structures, pump/lift stations, siphons, and specific operational problem areas. City will provide inspection and condition information in the form of summary reports from CCTV inspections or similar information. Consultant may request and review CCTV video of selected sewers if needed to further analyze and develop capacity improvement projects in Subtask 4.4.
c. Develop capacity improvement solutions and list of capacity improvement projects to address sewer system deficiencies
Subtask 4.4 – Analyze Potential Solutions and Develop Projects a. Incorporate the proposed improvement projects into the hydraulic model and run the model to confirm the proposed improvement projects. The modeling shall also confirm and refine the downstream flows in the system and identify any additional capacity issues that need to be addressed as the result of the proposed projects
b. Evaluate up to 3 scenarios for each capacity deficiency (multiple solution options) based on range of possible solutions or City requests for alternatives (e.g. flow diversion option(s) to other lines in lieu of upsizing deficient segments)
c. Expect to conduct some model analysis work in parallel with earlier tasks (e.g. data collection, flow monitoring, etc.) in order to advance projects from prior capacity improvement project list(s)
Subtask 4.5 – Prepare Report of Sewer Evaluation
a. Develop draft and final reports of sewer system evaluation including results and list of projects. Incorporate City comments into reports and meet with City to review comments (if applicable).
b. Deliverables
i. Report of Sewer System Evaluation including results and list of projects (Draft and Final)
ii. Model files for final solutions
Task 5—Capital Improvement Plan
Subtask 5.1 – Prepare Project Descriptions and Cost Estimates a. Provide project information including scope description (general and specific), basis/justification for project, visual representation, project schedule, assumptions, and alternatives.

Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 11 Rev. 09-28-18
b. Prepare planning level cost estimates for proposed capital improvement projects.

Subtask 5.2 – Develop Project Priorities and CIP Schedule a. Develop project priority levels based on the following: i) severity of deficiencies; ii) potential impacts resulting from deficiencies; iii) timing of proposed development(s)/redevelopment(s); iv) coordination with other projects (e.g. utility work, pavement/street work, etc. as provided by the City); v) maintenance history (e.g. known trouble spots); and vi) inspection/condition records.
b. Develop Capital Improvement Plan for capacity projects including master schedule of all projects
Subtask 5.3 – Prepare Capital Improvement Plan Report
a. Develop draft and final Capital Improvement Plan reports, meet with City to review and discuss comments on reports, incorporate report comments b. Deliverables
i. Capital Improvement Plan (Draft Report and Final Report) Task 6—Funding Plan for System Improvements
Subtask 6.1 – Review Existing Financial Information
a. Meet with City financial staff to discuss basis of current conveyance fees and relevant City financial policies
Subtask 6.2 – Perform Cash Flow Analysis
b. Conveyance Fee Analysis for Capacity Projects
i. Perform cash flow analysis to extend out 10, 15, or 20 years (to be determined jointly by City and Consultant)
ii. Incorporate capital project costs from Capital Improvement Plan Subtask 6.3 – Assess Current and Propose New Fee Structure a. Assess current rate structure (three tier) and recommend changes if appropriate. Include analysis for each type of development/land use b. Perform rate comparison to up to five (5) other agencies (similar agencies and local agencies)
c. Provide support to City to determine feasibility of proposed new conveyance fees
d. Comply with any relevant City reserve policies or other financial policies e. Provide support to City at one Public Hearing as needed for conveyance fee changes
Subtask 6.4 – Prepare Conveyance Fee Analysis Report
a. Develop draft and final reports for the Conveyance Fee Analysis.

Incorporate City comments into reports and meet with City to review comments (if applicable).
c. Deliverables
Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 12 Rev. 09-28-18
i. Conveyance Fee Analysis Report as stand-alone document Task 7—Prepare Sanitary Sewer Master Plan (Update) Report Subtask 7.1 – Prepare Draft Report
a. Prepare Draft Master Plan (Update) Report
i. Prepare draft report to present and summarize the results and recommendations of the study. The report sections shall include, at a minimum, the following topics: executive summary, introduction, model basis—land use and flow, model development & update, capacity analysis, and capital improvement plan.
ii. Technical memoranda shall be included as appendices to the report
iii. Plan for 2-3 meetings with the City to discuss comments on the draft report
iv. Incorporate City comments into draft report
b. Deliverables
i. Draft Sanitary Sewer Master Plan (Update) Report (PDF format, plus MS Word file(s) of report text)
Subtask 7.2 – Prepare Final Report
a. Prepare Final Master Plan (Update) Report
i. Prepare final report
ii. Plan for 1-2 meetings with the City to discuss comments on the final report
iii. Resubmit report for additional reviews until final City approval b. Deliverables
i. Final Sanitary Sewer Master Plan (Update) Report (PDF format, plus MS Word file(s) of report text)
Task 8—Develop Methodology and Procedures for Ongoing Model Updates Subtask 8.1 – Develop Process for Development Updates
a. Develop and document process for incorporating development land use changes into model
b. Develop and document reconciliation procedure for concurrent developments
Subtask 8.2 – Prepare Model Update Procedures Manual
a. Develop draft and final Procedures Manual. Incorporate City comments into documents and meet with City to review comments (if applicable) b. Deliverables
i. Procedures Manual for Model Updates (Draft and Final) Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 13 Rev. 09-28-18
V. SCHEDULE OF PERFOMANCE
In the performance of services, Consultant shall meet the following schedule milestones. Any modification to the schedule milestones shall require approval of the City in writing.

Activity Target Date
Consultant Notice to Proceed Mid to late October 2022
Flow Monitoring Report Completion March 31, 2023
Hydraulic Model Update Completion June 30, 2023
System Performance Evaluation & Required
Improvements Completion November 20, 2023
Funding Plan for System Improvements
Completion March 18, 2024
Completion of Final Master Plan (Update) Report March 29, 2024 Methodology & Procedures for Ongoing Model
Updates Completion March 29, 2024
Design Professional Agreement with Woodard and Curran/Exhibit B-Schedule of Fees Page 1 Rev. 09-28-18

EXHIBIT B

SCHEDULE OF FEES
I. GENERAL PAYMENT
The total payment to the Contractor for Basic Services, as stated in Exhibit A, shall not exceed $891,038. The amount billed to City for pre-approved Additional Services shall not exceed the sum of $89,000. In no event shall the amount billed to City by Contractor for services under this Agreement exceed $980,038, subject to budget appropriations.

Billing shall be on a monthly basis based on the services performed for each task.

Contractor shall, during the term of this Agreement, invoice the City for hours and dollars of work completed under this Agreement. The invoice shall describe the Task invoiced, percent complete of the Task, time and materials expended by Task, and total amount during the invoice period. The invoice shall also show the total to be paid for the invoice period. All invoices shall provide a written description of work performed during the invoice period, deliverables completed, and progress to date on Tasks being invoiced in order to support the amount invoiced.

II. BASIC SERVICES
The total payment to Contractor for all work necessary for performing all Tasks, as stated in Exhibit A, shall be in proportion to services rendered and on a time and materials not-to-exceed basis.

The Contractor fee allocated to each Task, as shown below, shall be the Contractor’s full compensation for all the Contractor services required by this Agreement, as directed by the City, and no additional compensation shall be allowed. City may reallocate budget from Tasks to other Tasks or to or from additional services. The Contractor shall bill time and materials spent on a Task under the appropriate Task and will not be allowed to charge to future or inactive tasks unless approved in writing by City. The Contractor shall provide a summary of dates and hours charged per date by individual, and individual timesheets, if requested by City. The hours and amounts charged to each Task shall be proportionate to the services rendered.

Tasks denoted as Optional Tasks, as stated in Exhibit A, require pre-approval in writing by CITY prior to performing any services under the task. Payment for any Optional Task is allowed only if written authorization is given by the City in advance of the work to be performed. Fees for Optional Tasks shall be considered as Basic Services.

As noted in the Scope of Services and Cost Proposal description, Contractor has provided a cost for extension of Flow Monitoring services on a weekly basis to be used with City approval to extend the timeframe for flow monitoring activities.

Design Professional Agreement with Woodard and Curran/Exhibit B-Schedule of Fees Page 2 Rev. 09-28-18
The total amount of all the Tasks is a not-to-exceed amount. Figures in the following table include all subconsultant costs, miscellaneous expenses, and administrative markups. The following table is a summary of the Tasks based upon the Proposal submitted by Woodard & Curran on August 19, 2022 and agreed by City and Contractor.

Contractor shall invoice time and expenses according to the subtasks identified in the Scope of Services. The time and expenses billed for subtasks may vary above or below the fees identified on the Estimated Project Cost provided that the total billed for all subtasks billed under a Task remains within the Fee established for the Task. Upon mutual agreement between City and Contractor in writing, subtasks may be combined as needed to facilitate Contractor’s invoicing.

Description Amount
Task 1 Data Collection, Review and Evaluation $31,442
Task 2 Flow Monitoring $257,614
Task 3 Hydraulic Model Update $186,634
Task 4 System Performance Evaluation and
Required Improvements
$138,148
Task 5 Capital Improvement Plan $62,216
Task 6 Funding Plan for System Improvements $58,368
Task 7 Prepare Sanitary Sewer Master Plan (Update)
Report
$58,212
Task 8 Develop Methodology and Procedures for
Ongoing Model Updates
$32,404
Subtotal Tasks 1 through 8 $825,038
Optional
Service
Extension of Flow Monitoring (4 weeks @
$16,500 per week)
$66,000
Total $891,038
In no event shall the amount billed to City by Contractor for Basic Services under this Agreement exceed eight hundred ninety-one thousand thirty-eight dollars ($891,038), subject to budget appropriations.

III. MISCELLANEOUS EXPENSES
Miscellaneous Expenses including, but necessarily limited to, duplication costs, outside reproduction, courier fees, mailing fees, mileage, and travel shall not be paid or reimbursed separately. The cost for all miscellaneous expenses shall be deemed included in the Contractor rates and/or the total amount paid for the respective task.

Design Professional Agreement with Woodard and Curran/Exhibit B-Schedule of Fees Page 3 Rev. 09-28-18
IV. ADDITIONAL SERVICES
Additional Services consists of work not included in the Scope of Services outlined within this Agreement. Pre-approved Additional Services shall be billed to City at the fixed hourly rates shown below in Section V, RATE SCHEDULE, or at an agreed negotiated price. Monthly billing for Additional Services shall be consistent with the terms set forth in this Agreement. Payment for any Additional Services is allowed only if written authorization is given by the City Engineer in advance of the work to be performed. Additional Services shall not exceed $89,000 without approval by the City.

V. RATE SCHEDULE
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.

Rates by classification are listed below. This Rate Schedule shall remain fixed for the term of the Agreement. Any classifications added to the rate schedule, or staff members changing classifications, shall be approved in writing by City.

Allowable markup on subconsultant work shall be 10%.

Woodard & Curran Rate Schedule:

Labor Category / Classification Hourly Rate ($)
Engineer 1 (E1), Scientist 1 (S1), Geologist 1 (G1),
Planner 1 (P1), Technical Specialist 1 (TS1) 194
Engineer 2 (E2), Scientist 2 (S2), Geologist 2 (G2),
Planner 2 (P2), Technical Specialist 2 (TS2) 221
Engineer 3 (E3), Scientist 3 (S3), Geologist 3 (G3),
Planner 3 (P3), Technical Specialist 3 (TS3) 254
Project Engineer 1 (PE1), Project Specialist 1
(PS1), Project Geologist 1 (PG1), Project Planner 1
(PP1), Project Technical Specialist 1 (PTS1)
265
Project Engineer 2 (PE2), Project Specialist 2
(PS2), Project Geologist 2 (PG2), Project Planner 2
(PP2), Project Technical Specialist 2 (PTS2)
281
Project Manager 1 (PM1), Technical Manager 1
(TM1) 302
Project Manager 2 (PM2), Technical Manager 2
(TM2) 319
Senior Project Manager (SPM), Senior Technical
Manager (STM) 340
Design Professional Agreement with Woodard and Curran/Exhibit B-Schedule of Fees Page 4 Rev. 09-28-18
Labor Category / Classification Hourly Rate ($)
Senior Technical Practice Leader (STPL), National
Practice Leader (NPL), Strategic Business Unit
Leader (SMUL)
356
Software Engineer 1 (SE1) 178
Software Engineer 2 (SE2) 200
Software Engineer 3 (SE3) 216
Designer 1 (D1) 151
Designer 2 (D2) 184
Designer 3 (D3), Senior Software Developer (SSD) 189
Senior Designer (SD) 194
Project Assistant (PA), Project Accountant (PAC),
Project Delivery Specialist (PDS) 130
Senior Assistant (SA), Billing Manager (BM), Senior
Project Assistant (SPA) 151
Marketing Manager (MM), Graphics Manager (GM),
Marketing Assistant (MA), Graphic Artist (GA) 151
Design Professional Agreement with Woodard and Curran/Exhibit C-Insurance Requirements Page 1 Rev. 09-28-18

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor’s insurance. The minimum coverages, provisions and endorsements are as follows:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at Design Professional Agreement with Woodard and Curran/Exhibit C-Insurance Requirements Page 2 Rev. 09-28-18
least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

C. WORKERS’ COMPENSATION

1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.

E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution Design Professional Agreement with Woodard and Curran/Exhibit C-Insurance Requirements Page 3 Rev. 09-28-18
from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.

3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of nonrenewal.

4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.

F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required Design Professional Agreement with Woodard and Curran/Exhibit C-Insurance Requirements Page 4 Rev. 09-28-18
by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.

Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:

EBIX Inc.

City of Santa Clara—Department of Public Works
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

Design Professional Agreement with Woodard and Curran/Exhibit D-Labor Compliance Page 1 Rev. 09-28-18

EXHIBIT D

A. Prevailing Wage Requirements

1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.

The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, Design Professional Agreement with Woodard and Curran/Exhibit D-Labor Compliance Page 2 Rev. 09-28-18
copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS142.

6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records Design Professional Agreement with Woodard and Curran/Exhibit D-Labor Compliance Page 3 Rev. 09-28-18
or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

C. Enforcement

1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.

These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

Design Professional Agreement with Woodard and Curran Page 1 Rev. 09-28-18
EBIX Insurance No. *S200005014

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

WOODARD AND CURRAN
FOR

SANITARY SEWER HYDRAULIC MODEL MAINTENANCE AND SUPPORT

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and WOODARD AND CURRAN, a Maine corporation, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. City desires to secure the design professional services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”; B. “Design professional” includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; C. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
Design Professional Agreement with Woodard and Curran Page 2 Rev. 09-28-18
Exhibit D – Labor Compliance Addendum (if applicable)
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT

2.1 Initial Term
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the Initial Term of this Agreement shall begin on July 1, 2023 and terminate on June 30, 2026 (“Initial Term”).

2.2 Options to Extend
The City reserves the right, at its sole discretion, to extend the term of this Agreement for up to two (2) additional one-year terms through June 30, 2028 (“Option Periods”). City shall provide Contractor with no less than thirty (30) days prior written notice of its intention to exercise its option to extend the term of the Agreement.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

A. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Contractor shall be approved and signed by an appropriate qualified licensed professional in the State of California.

B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.

4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to Design Professional Agreement with Woodard and Curran Page 3 Rev. 09-28-18
promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is one million dollars ($1,000,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.

B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.

C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.

8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or Design Professional Agreement with Woodard and Curran Page 4 Rev. 09-28-18
transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.

Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of Design Professional Agreement with Woodard and Curran Page 5 Rev. 09-28-18
final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Contractor, its employees, subcontractors, or agents in the performance, or non-performance, of Services under this Agreement.

15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

Design Professional Agreement with Woodard and Curran Page 6 Rev. 09-28-18

17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Public Works Department—Engineering / Design Division 1500 Warburton Avenue
Santa Clara, CA 95050
or by facsimile at (408) 985-7936
And to Contractor addressed as follows:

Gisa Ju, Principal-in-Charge, Vice President
Woodard & Curran
51 E. Campbell Avenue, Suite 128
Campbell, CA 95008
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Design Professional Agreement with Woodard and Curran Page 7 Rev. 09-28-18
following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

Approved as to Form:

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: --------------
Office of the City Attorney
City of Santa Clara
Dated:
"CITY"
Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

WOODARD AND CURRAN
a Maine corporation
---11-,~--1-+------------
By (Signature): _ ....,,L~ ~:i.._.flL.~----------
Name: ----- ~------------ Tit I e: Principal-in-Charge, Vice President Principal Place of 51 E. Campbell Avenue, Suite 128, Campbell, Business Address: CA 95008 ------------------ Em a i I Address: [email protected] Telephone: (408) 831-4800
Fax: N/A ------------------ "CONTRACTOR"
Design Professional Agreement with Woodard and Curran
Rev. 09-28-18

Page 8 ends

Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 1 Rev. 09-28-18

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below. Consultant and Contractor are used interchangeably in this Exhibit A.

I. OBJECTIVE
The City of Santa Clara (City) desires to engage a qualified firm (Consultant) to perform professional services for ongoing maintenance and support of the City’s sanitary sewer hydraulic model on an as-needed basis.

II. BACKGROUND
City has a population of approximately 130,000 and is served by a wastewater collection system consisting of approximately 288 miles of sewer pipelines and seven sewage pump/lift stations. The collection system conveys wastewater flows to the San Jose-Santa Clara Regional Wastewater Facility (RWF), located north of Highway 237 in San Jose. The City also receives flow from the Cupertino Sanitation District (CuSD) at Homestead Road under an agreement with the City. The wastewater is conveyed from the City to the RWF at two locations: at the northeast corner of the City just east of Lafayette Street, where flow is pumped via the Northside and Rabello pump stations in force mains to the RWF; and on the eastern side of the City east of De La Cruz Boulevard and Highway 101, where flow discharges by gravity into a 48-inch sewer in Trimble Road that conveys the flow to the City of San Jose’s interceptor in Zanker Road.

At the time services commence under this Agreement, it is anticipated that the City’s sanitary sewer hydraulic model, using InfoWorks ICM, will represent the entire sanitary sewer collection system (all-pipes model). The system includes approximately 5,200 manholes and 5,600 pipe segments. The original model was developed in 2007 and has been updated several times. In 2009, an update was completed to include land uses consistent with the City’s General Plan update which includes future land uses based on the 2035 planning horizon. A major update to the model was completed as part of the 2016 Sanitary Sewer Master Plan Update. The model has also been continuously updated to reflect developments with intensified land uses and to incorporate sanitary sewer projects impacting the model pipe network. At the time services commence under this Agreement, it is anticipated that the City will be in the process of completing the most recent update to the hydraulic model as part of the Sanitary Sewer Master Plan (SSMP) Update (scheduled to begin late 2022 and complete in 2024).

The hydraulic model is anticipated to include three flow scenarios based on the SSMP Update work: 1) existing; 2) near-term; and 3) future.

Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 2 Rev. 09-28-18
III. BASIC SERVICES—GENERAL
The Consultant shall provide professional services to maintain and support the City’s sanitary sewer hydraulic model including the following major activities: 1) perform hydraulic model runs for development projects; 2) perform as-needed model runs and analysis based on City requests; and 3) perform general model maintenance and updates.

Consultant shall provide all equipment, software, materials and experienced personnel necessary to provide the professional services.

IV. BASIC SERVICES
The Consultant shall perform the professional services required to achieve the project objective(s). Tasks are anticipated to include, but are not necessarily be limited to, those listed below.

Ongoing Model Maintenance and Support
General—provide ongoing model maintenance and respond to as-needed modeling requests from City staff. Requests are irregular. Some months may pass with no requests, and, at other times, multiple requests will occur within a short period of time.

Task 1—Development Reviews
a. Perform development reviews for proposed developments to assess available sewer capacity in the City’s sanitary sewer system
i. Estimate sewer flows from development based on proposed land use, number of units, square footage, or other information provided by the developer and/or City
ii. Use professional knowledge and judgement to determine if the development’s proposed flow is significant enough to require a sewer model run. Development projects that add negligible flow to the system only need to be added to the model. Model run and technical memo are not needed for development projects with negligible flow. iii. Run the sewer model with the proposed development flow, if needed, to assess the impact of additional flow on the sewer system. iv. Potentially extend the model network to include smaller diameter existing pipes that would serve the development.
v. Identify potential solutions to address capacity deficiencies, if requested by the City.
vi. Prepare a technical memorandum (one draft and one final, at a minimum), pipeline profiles documenting the hydraulic grade line results, and electronic files of the latest model. The technical memorandum must include a detailed listing of the flow assumptions, Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 3 Rev. 09-28-18
including the flows added and removed (if applicable) for the development.
vii. The proposed development may include changes in land use, discharge entitlement per development agreement, pipe configuration, or lot line adjustment, etc. Update the model if City approves the changes. Update base flow scenarios based on tracked development status as provided by the City.
viii. Meet with City staff as needed to review and explain results of model runs and to discuss alternatives, if applicable, for resolving deficiencies.
ix. Periodically update base flow scenarios based on tracked development status (proposed, approved, constructed, etc.) as provided by the City b. Maintain a log of development project review requests i. Track time expended for each individual review request ii. Report to the City monthly the total time expended and fee for each request
iii. Provide a fiscal year-end summary of all review requests c. Deliverables for Development Reviews
i. Technical memoranda (TM) summarizing model results for each model run including model inputs. TM shall include flows in the downstream model trunk, pipe profiles, and required larger trunk sewer sizes if needed to accommodate additional flows.
ii. Electronic files of updated model and model runs
iii. Time and fee tracking logs and summary reports
Task 2—As-Needed Model Requests
a. Provide General Model Support on an As-needed Basis
i. General—Consultant shall provide modeling support in response to specific requests by the City. The work shall include, but is not limited to the following tasks:
ii. Provide model predicted flows for given pipes
iii. Evaluate available pipe capacity to accommodate temporary flows in dry season or wet season
iv. Provide model runs and analysis in support of City design projects v. Other as-needed requests from the City not related to development reviews
b. Maintain a log of general model support
i. Track time expended for each type of general model support activity ii. Report to the City monthly the total time expended and fee for each request
Design Professional Agreement with Woodard and Curran/Exhibit A-Scope of Services Page 4 Rev. 09-28-18
iii. Provide a fiscal year-end summary of all as-needed general model support requests
c. Deliverables for General Model Support on an As-Needed Basis i. Results of model predicted flow for given pipes & pump stations ii. Results of pipe capacity evaluation
iii. Time and fee tracking logs and summary reports
Task 3—General Model Maintenance and Updates
a. Provide General Model Maintenance and Updates
i. General—Consultant shall provide on-going model maintenance and updates. This task is intended for system-wide updates and general model maintenance. General model maintenance work that is necessary for keeping the model organized and the scenarios consistent shall be performed as agreed to by the Consultant and City or for addressing specific requests by City. The Consultant shall provide clear and detailed documentation in the monthly invoices of general model maintenance work performed. System-wide updates shall be conducted at the request of the City. The work shall include, but is not limited to, the following tasks:
ii. Provide on-going model maintenance, including periodic QA/QC reviews for consistent documentation in model files, maintaining model network and scenario organization, and maintaining consistent archiving of completed requests
iii. Update the model per record drawings for newly constructed sanitary sewer system improvements
iv. If requested by the City, review current water consumption data and update existing model flows
v. Provide other model update activities as needed, as requested and discussed with City staff
b. Maintain a log of general model maintenance work
i. Track time expended for each type of model maintenance work ii. Report to the City monthly the total time expended and fee for each activity or request
iii. Provide a fiscal year-end summary of all model maintenance work c. Deliverables for General Model Maintenance and Updates i. Model files and/or files and results exported from the model, as requested by the City
ii. Technical Memoranda or other documentation to describe requested updates and methodologies used
Design Professional Agreement with Woodard and Curran/Exhibit B-Schedule of Fees Page 1 Rev. 09-28-18

EXHIBIT B

SCHEDULE OF FEES
I. GENERAL PAYMENT
The total payment to the Contractor for Basic Services, as stated in Exhibit A, shall not exceed $1,000,000. In no event shall the amount billed to City by Contractor for services under this Agreement exceed $1,000,000, subject to budget appropriations.

Billing shall be on a monthly basis based on the services performed for each task.

II. BASIC SERVICES
The total payment to Contractor for all work necessary for performing all Tasks, as stated in Exhibit A, shall be on a time and materials basis.

The table below includes the initial budget amounts for each Task. The City may reallocate budget from Tasks to other Tasks and create new Tasks as appropriate for specific requests.

The Contractor shall bill time and materials spent on a Task under the appropriate Task and will not be allowed to charge to future or inactive tasks unless approved in writing by City. The Contractor shall provide a summary of dates and hours charged per date by individual, and individual timesheets, if requested by City. The hours and amounts charged to each Task shall be proportionate to the services rendered.

Description Amount
Task 1 Development Reviews $450,000
Task 2 As-Needed Model Requests $450,000
Task 3 General Model Maintenance and Updates $100,000
Total $1,000,000
Design Professional Agreement with Woodard and Curran/Exhibit B-Schedule of Fees Page 2 Rev. 09-28-18
III. MISCELLANEOUS EXPENSES
Miscellaneous Expenses including, but necessarily limited to, duplication costs, outside reproduction, courier fees, mailing fees, mileage, and travel shall not be paid or reimbursed separately. The cost for all miscellaneous expenses shall be deemed included in the Contractor rates and/or the total amount paid for the respective task.

IV. RATE SCHEDULE
Charges for personnel engaged in professional and/or technical work shall be based on the actual hours directly chargeable to the work.

Rates by classification are listed below. The initial Rate Schedule included below shall remain fixed for the 2023 calendar year.

For calendar year 2024 and thereafter, the rate schedule may be updated to include rate increases consistent with the San Francisco Bay Area Consumer Price Index (with each yearly adjustment capped at 3%). Changes shall be based on the percentage difference between the CPI in October of the previous year and the CPI in October of the current year.

Any classifications added to the rate schedule, or staff members changing classifications, shall be approved in writing by City.

Woodard & Curran Rate Schedule (2023):

Labor Category / Classification Hourly Rate ($)
Engineer 1 (E1), Scientist 1 (S1), Geologist 1 (G1),
Planner 1 (P1), Technical Specialist 1 (TS1) 194
Engineer 2 (E2), Scientist 2 (S2), Geologist 2 (G2),
Planner 2 (P2), Technical Specialist 2 (TS2) 221
Engineer 3 (E3), Scientist 3 (S3), Geologist 3 (G3),
Planner 3 (P3), Technical Specialist 3 (TS3) 254
Project Engineer 1 (PE1), Project Specialist 1
(PS1), Project Geologist 1 (PG1), Project Planner 1
(PP1), Project Technical Specialist 1 (PTS1)
265
Project Engineer 2 (PE2), Project Specialist 2
(PS2), Project Geologist 2 (PG2), Project Planner 2
(PP2), Project Technical Specialist 2 (PTS2)
281
Project Manager 1 (PM1), Technical Manager 1
(TM1) 302
Project Manager 2 (PM2), Technical Manager 2
(TM2) 319
Design Professional Agreement with Woodard and Curran/Exhibit B-Schedule of Fees Page 3 Rev. 09-28-18
Labor Category / Classification Hourly Rate ($)
Senior Project Manager (SPM), Senior Technical
Manager (STM) 340
Senior Technical Practice Leader (STPL), National
Practice Leader (NPL), Strategic Business Unit
Leader (SMUL)
356
Software Engineer 1 (SE1) 178
Software Engineer 2 (SE2) 200
Software Engineer 3 (SE3) 216
Designer 1 (D1) 151
Designer 2 (D2) 184
Designer 3 (D3), Senior Software Developer (SSD) 189
Senior Designer (SD) 194
Project Assistant (PA), Project Accountant (PAC),
Project Delivery Specialist (PDS) 130
Senior Assistant (SA), Billing Manager (BM), Senior
Project Assistant (SPA) 151
Marketing Manager (MM), Graphics Manager (GM),
Marketing Assistant (MA), Graphic Artist (GA) 151
V. SUBCONSULTANTS / SUBCONTRACTORS
Contractor shall request City’s approval in writing prior to engaging subconsultants/subcontractors for any work under this Agreement. If approved, subconsultants/subcontractors shall be billed as actual cost plus 10%. Total markup on subconsultant/subcontractor costs is capped at 10%.

Design Professional Agreement with Woodard and Curran/Exhibit C-Insurance Requirements Page 1 Rev. 09-28-18

EXHIBIT C

A. COMMERCIAL GENERAL LIABILITY INSURANCE

C. WORKERS’ COMPENSATION

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

EBIX Inc.

Design Professional Agreement with Woodard and Curran/Exhibit D-Labor Compliance Page 1 Rev. 09-28-18

EXHIBIT D

A. Prevailing Wage Requirements

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

C. Enforcement

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1005 Agenda Date: 9/27/2022

REPORT TO COUNCIL

SUBJECT
Action on Amendment No. 1 to the Agreement with NUVIS Landscape Architecture, Inc. for Design Professional Services for the Central Park New Entrance, Access, and Parking Improvements Project

COUNCIL PILLAR

1. Deliver and Enhance High Quality Efficient Services and Infrastructure

2. Enhance Community Sports, Recreational and Arts Assets

BACKGROUND
On August 24, 2021, City Council approved a design professional services agreement with NUVIS Landscape Architecture, Inc. (NUVIS) to complete the first phase of the Central Park New Entrance, Access, and Parking Improvements Project (Project, RTC 21-627). The first phase of the Project includes conducting site assessment and investigation, performing community outreach, preparing schematic design, and presenting the proposed schematic design to the Parks & Recreation Commission and City Council. The schematic design was presented to the Parks & Recreation Commission on June 21, 2022 (RTC 22-793). The schematic design is scheduled for City Council approval on September 27, 2022 (RTC 22-1003). Upon approval of the schematic design, the design consultant agreement with NUVIS (Agreement) needs to be amended to include work to be performed in the second phase of the Project to include various engineering services related to design and construction of the Project. It should be noted that the Request for Proposal (RFP) for the Project included both phases of the Project, and consultant selection was based on responses related to both phases.

DISCUSSION
The proposed Amendment No. 1 to the Agreement (Attachment 1) includes a negotiated scope of services and schedule of fees that incorporates the engineering design services necessary to complete the second phase of the Project, per the approved schematic design. The scope of services generally includes preparing bid documents (plans, specifications, and engineer’s estimate) for public works bidding, providing assistance to coordinate and secure various permits, and providing engineering technical services during project advertisement and construction.

Staff recommends approval of Amendment No. 1 to the Agreement with NUVIS Landscape Architecture, Inc. to complete design services needed for the Central Park New Entrance, Access, and Parking Improvements Project. Approval of this amendment will provide the design professional services necessary to complete the design of the Project and proceed to construction in a timely manner. Design of the Project is anticipated to be completed by fall 2023 and construction of the Project is anticipated to be completed by fall 2025. Prevailing wage requirements that were included in the original agreement remain applicable under Amendment No. 1.

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22-1005 Agenda Date: 9/27/2022

ENVIRONMENTAL REVIEW
Council action on this item does not constitute a “project” within the meaning of the California Environmental Quality Act ("CEQA") because it is an administrative activity that will not result in direct or indirect physical changes in the environment as set forth in section 15378(b)(5) of the CEQA Guidelines.

FISCAL IMPACT
The not-to-exceed amount under the original Agreement is $148,305. This amount includes $128,961 for basic services and $19,344 for additional services. The proposed Amendment No. 1 adds $255,695 to the original agreement, bringing the total not-to-exceed amount to $404,000 ($366,926 for basic services and $37,074 for additional services). Funding is available in the FY 2022/23 Adopted Capital Budget in the Central Park Master Plan - New Entrance, Access, and Parking Improvements CIP Project. (CIP 3133)

COORDINATION
This report has been coordinated with the Parks & Recreation Department, Finance Department, and the City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement with NUVIS Landscape Architecture, Inc. in the amount of $255,695 for the Central Park New Entrance, Access, and Parking Improvements Project for a total Agreement not-to-exceed amount of $404,000; and

2. Authorize the City Manager to make minor modifications to the agreement if needed and to extend the term.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Amendment No. 1

2. Original Agreement
City of Santa Clara Page 2 of 2 Printed on 9/22/2022
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Amendment No. 1 to Agreement/NUVIS Page 1
Rev. 10/25/19
Ebix Insurance No. S200004737
AMENDMENT NO. 1

TO THE AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
NUVIS LANDSCAPE ARCHITECTURE, INC.

FOR

CENTRAL PARK NEW ENTRANCE, ACCESS, AND PARKING IMPROVEMENTS

PROJECT

PREAMBLE
This agreement (“Amendment No. 1”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and NUVIS Landscape Architecture, Inc., a California corporation, (Consultant). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Design Professional Services Between the City of Santa Clara, California, and NUVIS Landscape Architecture, Inc. for the Central Park New Entrance, Access, and Parking Improvements Project,” dated August 23, 2021 (Agreement); and B. The Parties entered into the Agreement for the purpose of having Consultant to provide landscape and engineering design services for the first phase of the Central Park New Entrance, Access, and Parking Improvements Project (Project), as fully described in the Agreement; and the Parties now wish to amend the Agreement to provide landscape and engineering design services for the second phase of the project, which includes preparing bid documents (plans, specifications, and engineer’s estimate - PS&E) for public works bidding based on selected schematic design plan, assisting with obtaining Building and Fire permits , and providing engineering support services during bid and award, construction, and post-construction phases of the Project.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 6 of the Agreement, entitled “Compensation and Payment” is amended to read as follows:

In consideration for Consultant’s complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Amendment No. 1 to Agreement/NUVIS Page 2
Rev. 10/25/2019
Consultant in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement four hundred four thousand dollars ($404,000) subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant’s expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.

2. Exhibit A, entitled “Scope of Services,” of the Agreement is amended to read as shown in Revised Exhibit A, attached herein.

3. Exhibit B, entitled “Schedule of Fees,” of the Agreement is amended to read as shown in Revised Exhibit B, attached herein.

4. Exhibit C, entitled, “Insurance Requirements,” of the Agreement is amended to read as shown in Revised Exhibit C, attached herein.

5. Exhibit E, entitled “Milestone Schedule,” of the Agreement is amended to read as shown in Revised Exhibit E, attached herein.

6. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

Amendment No. 1 to Agreement/NUVIS Page 3
Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:

Office of the City Attorney
City of Santa Clara
Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
NUVIS LANDSCAPE ARCHITECTURE, INC.
a California Corporation
Dated:

By (Signature):

Name: Perry A. Cardoza
Title: President
Principal Place of
Business Address:
20250 SW Acacia Street, Suite 260
Newport Beach, California 92660
Email Address: [email protected]
Telephone: (714) 754-7311
Fax: (714) 754-7346
“CONSULTANT”
Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 1

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
NUVIS LANDSCAPE ARCHITECTURE, INC.

FOR

CENTRAL PARK NEW ENTRANCE, ACCESS, AND PARKING IMPROVEMENTS

PROJECT

REVISED EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Consultant under this Agreement are set forth below.

I. GENERAL
This Scope of Services is anticipated as necessary to meet City’s objectives as described under Section II, BACKGROUND AND PROJECT, and Section III, DESCRIPTION OF SERVICES of this document. Consultant and City agree that this Scope of Services incorporates Consultant’s professional qualifications and experience and will meet the City’s objectives.

Consultant will be expected to provide complete, professional, high-quality Services and products; to consult City personnel, and others who are involved with the project; and to provide the expertise, guidance, advice, and assistance in accomplishing the work.

II. BACKGROUND AND PROJECT
The City of Santa Clara’s Central Park was constructed in the 1960’s and has been maintained over the years. As the City continues to grow in population and provides essential park and recreation services to the local community, the City Council adopted a goal to enhance community sports and recreational assets. One of the capital improvement projects identified in Year 1-5 of the Central Park Master Plan is the Central Park New Entrance, Access, and Parking Improvements (PROJECT). The PROJECT consists of installation of a new, safe and accessible entrance to Central Park near the Magical Bridge Playground (currently in design stage) and the Veteran’s Memorial at the corner of Kaiser Dr. and Kiely Blvd. The PROJECT includes new traffic signal, approximately 39 new parking spaces, accessible path for users, connections to all existing park walkways, and landscaping.

The PROJECT is planned to be completed in two distinct phases. The first phase of the PROJECT includes the following scope of work: site assessment; ADA evaluation; community outreach; obtain a recommendation for approval from the Parks & Recreation Commission and City Council. The first phase is planned to be completed with City Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 2
Council approval scheduled in September 2022. The second phase scope of work includes develop selected schematic plan into bid documents (plans, specifications, and engineer’s estimate - PS&E) for public works bidding; provide assistance in obtaining Building and Fire permits; and provide engineering support services during bid and award, construction, and post-construction phases.

III.DESCRIPTION OF SERVICES
All design work shall be done in accordance with the Department of Transportation Standard Specifications and Details, City Standard Plans and Specifications, ADA Design Guidelines, latest building and fire codes, and other applicable codes and standards recommended by the Consultant. Below is an outline of required services; however, it is the responsibility of the consultant to independently assess the PROJECT and provide improvement recommendations to meet the goals for this PROJECT.

Phase I:

1. Perform site assessment.

2. Evaluate ADA pedestrian pathway.

3. Perform robust community outreach (surveys, meetings, consensus building etc.), to develop Site Schematic Plan.

4. Obtain a recommendation for approval from the PRC and subsequent approval from CC.

Phase II:

1. Develop selected schematic plan into bid documents (PS&E) for public works bidding.

2. Provide assistance in obtaining all required permits. Expected required permits are:

Building and Fire permits.

3. Provide engineering support services during bid and award, construction, and postconstruction phases.

4. The existing Veteran’s Memorial shall stay as is; however, the new areas shall consider the existing Veteran’s Memorial and provide connections to it for the community to visit.

5. New traffic signal system designed by a registered traffic engineer. The new traffic signal system will require restriping and repaving of the intersection.

6. Improvements shall conform to the Magical Bridge Playground that is currently in the design phase, including an ADA drop off and pick up zone.

7. New landscaping at the proposed entrance

8. Approximately 19 new parking spaces, and rehabilitation of 20 existing parking spaces located at the community recreation center.

9. Access connection to all existing park walkways and public sidewalks, particularly the Central Park Magical Bridge All Inclusive Playground and the path of travel from the VTA bus stop. The design shall ensure that it meets ADA regulations and widths Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 3
at this area are sufficient for safety of mobility impaired persons to get into the park, veterans monument area and playground.

10. Installation of new irrigation system for the new landscaping from existing water meter. Existing water meter may need to be upgraded to meet new standards from the City’s Water and Sewer Department.

11. Modifications to existing lighting or installation of new lighting for security and safety.

12. New accessible curb ramps at the intersection of Kaiser Dr. and Kiely Blvd. and within the new entrance.

13. Upgrade existing path of travel located at the intersection to meet ADA codes. Street pavement may need to be rehabilitated to conform to new grades of the ADA path of travel.

14. Conform to C.3 requirements, as applicable.

15. Provide the required arborist services to assess existing tress that will be impacted by the PROJECT.

16. Perform required traffic counts to determine signal phasing.

17. Perform pot-holing to positively locate potential underground utility conflicts with the PROJECT.

18. Perform field exploration services to obtain soil samples to develop geotechnical recommendations for site improvements and to profile soils for offsite disposal.

19. Design recycled water lateral to bring recycled water to the Magical Bridge Project and the area adjacent to the new entrance.

20. Using the final drawings of the Central Park Magical Bridge All-Inclusive Playground Project, format the irrigation plan to meet SBWR’s requirements. The formatted drawings will be color coded highlighting both potable and reclaimed water lines. Drawings will be reviewed and approved by the City’s Water and Sewer Department, SBWR, and the State Department of Drinking Water. All irrigation plan check comments related to the irrigation design by the Magical Bridge Landscape Architects will be reviewed and corrected by the Magical Bridge Landscape Architect of record. NUVIS will not make revisions to the plans prepared by others.

21. Design six (6) electrical vehicle charging stations with one (1) for ADA. Perform a detailed site investigation to determine electric tie in location.

22. Design a stub out at EV for future solar connection.

Consultant shall provide the Services described herein through a project team, comprised of Consultant and sub-consultants identified as follows:

1. Consultant: NUVIS LANDSCAPE ARCHITECTURE, INC.

2. Sub-consultants to NUVIS LANDSCAPE ARCHITECTURE, INC.:

A. Ruggeri Jensen Azar – Surveying, Civil Engineering, and Traffic Engineering B. ENGEO – Geotechnical Engineering
C. CD Design Group – Electrical Engineering
D. Hortscience/Bartlett Consulting – Arborist
E. Activewayz Engineering – Independent Review
Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 4
F. Land Design Group – Landscape Review
Any changes to the project team through the course of the Services shall be approved in writing by City.

IV.RESPONSIBILITIES OF CITY
CITY will provide the following information and support for the project as-available and applicable:

A. Record drawings (as-available)
B. CITY’s Standard Details, Specifications, Benchmark, and Design Criteria.

C. Storm Drain (SD), Sanitary Sewer (SS), Electric, Fiber, Water and Recycled Water Block Book Maps (as-available).

D. Geographic Information System (GIS) data including land parcels, street centerlines, City sanitary sewers, City storm drains, and aerial photographic tiles E. Payment of permit application fees with other internal departments, if required.

F. Filing exemption under the California Environmental Quality Act, if applicable.

Besides the above, the City will work closely with the consultant to provide any other data or records, as available and necessary for the work involved.

V. BASIC SCOPE OF SERVICES

PROJECT MANAGEMENT
CONSULTANT shall:

1.1 Manage its team and overall project activities consistent with the direction from CITY in order to meet the project schedule and budget. Manage sub-consultants, maintain schedule and budget, anticipate and mitigate potential design issues and delays and coordinate and update the City on the overall progress of the Project.

1.2 Any field work that involves subsurface excavation and/or coring, consultant is required to submit plan of work to the City for review and approval prior to proceeding.

1.3 Organize and attend project meetings with the City to discuss project progress, decisions, and direction and to coordinate activities. Meetings shall be held at key project milestones and shall include, but are not limited to:

1.3.1 Kick-off Meeting

1.3.2 Preliminary/Evaluation Meeting

1.3.3 Community meeting

1.3.4 Parks and Recreation Commission Meeting

1.3.5 City Council Meeting
Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 5

1.3.6 65% Design Review Meeting

1.3.7 95% Design Review Meeting

1.3.8 100% Design Review Meeting

1.3.9 Final Bid Document Design Review Meeting

1.3.10 Punch List/Project Acceptance Meeting

1.4 Coordinate with CITY, design team members, consultants, utility companies, other government agencies, and other affected parties as required throughout the duration of the project as well as the Quality Assurance/Quality Control (QA/QC) activities for project deliverables.

1.5 Prepare, monitor, and update progress schedule in MS Project format beginning at the kickoff meeting and ending at contract award for the last submittal package. Schedule shall show significant milestones for the project. CONSULTANT shall notify CITY if there are delays or potential delays in any phase of the project. In such cases, CONSULTANT shall make up the schedule in subsequent phases of the project or provide information to CITY substantiating a request for time extension (which may not be approved). The schedule shall be maintained at all times and shall be updated each time progress and milestones are achieved and/or changed.

A kick-off meeting shall be conducted with designated CITY staff prior to beginning work to review anticipated Tasks and schedule, review available information and needs, and address any outstanding questions regarding the project moving forward raised by CITY or CONSULTANT. During the course of Services while there is active work on the PROJECT, CONSULTANT shall schedule and attend brief bi-weekly (every other week) conference calls with CITY. The purpose of the bi-weekly conference calls will be to keep CITY appraised on the PROJECT's progress and address any issues that may arise during the course of Services.

1.7 Provide monthly progress reports.

1.8 Stakeholder Coordination: CONSULTANT shall coordinate with project stakeholders as needed to inform each stakeholder of the project work and incorporate any necessary accommodations into the final submittal documents.

1.9 Provide Review/Plan Check Log (Response Matrix) summarizing comments received from various City Departments/Divisions and agencies. Response Matrix shall include, but not be limited to, commenting department/division or agency, comments, response to comments, action items, and person responsible for follow up. Consultant shall be responsible for resolving comments from each commenter and shall identify to City any comments that cannot be resolved to have final discussion and resolution. Submit Response Matrix in electronic format with each route of plan check submittal.

Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 6

1.10 Conduct QC reviews in accordance with its QA Program guidelines. CONSULTANT shall provide a copy of its QA Program guidelines and shall provide a QC report at the end of each Task. Time spent for QA-QC reviews for specific deliverables shall be budgeted and billed under each respective task requiring QA-QC review and not as Project Management.

1.11 Invoicing and Contract Administration: CONSULTANT administrative staff time spent preparing invoices for Services complete shall be considered as included in the overhead of the CONSULTANT’s basic hourly rates and shall not be billed. Additionally, addressing administrative issues regarding the professional Services agreement, such as preparing additional Services requests or budget modifications, shall also be considered as included in the overhead of the CONSULTANT’s basic hourly rates and shall not be billed.

1.12 Payment for all responsibilities related to Project Management shall be included in the various tasks identified in Exhibit B, Schedule of Fees.

Deliverables:

1. Progress schedules in MS Project format (submitted electronically as an 11” x 17” pdf file and in native MS Project format).

2. QA Program guidelines and QC reports for each Task (in pdf file).

3. Meeting agendas, preparation materials, and meeting minutes for each project meeting (in pdf file).

4. Monthly progress reports and invoices (in pdf file).

Phase I
Task 1.0: Preliminary Engineering/Evaluation

1.1 Attend Project Kick-Off Meeting.

1.2 Perform all necessary assessment and investigations to determine the existing conditions and propose recommendations to City for the improvements. Contact all regulatory agencies that will affect the proposed works to determine applicable codes and ordinances.

1.3 Provide draft community and stakeholder engagement strategies.

1.4 Meet with City staff to obtain additional information and input as needed. Provide all necessary design services, including but not limited to landscape, civil, structural, and electrical design.

1.5 Perform geotechnical investigation and provide report.

CONSULTANT shall anticipate testing of existing soil that will be excavated to facilitate Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 7
the installation of new infrastructures. Based on the soil test results, CONSULTANT shall identify the appropriate disposal facility for soil off haul.

Optional Task 1A, Soil Management Plan - In the event that impacted soils are reported onsite, CONSULTANT shall prepare a Soil Management Plan to guide contractors on safe handling and disposal requirements. Prior to performing work, CONSULTANT shall provide a work plan to the City for review and approval. No work shall be performed unless authorized by the City.

For that purpose, the work will start from one step-out sampling event with 4 samples, to a maximum of 24 step out samples. Prior to performing work, CONSULTANT shall provide a work plan to the City for review and approval. No work shall be performed unless authorized by the City.

Optional Task 1C, Concrete/Asphalt Coring - In the event that proposed geotechnical and/or environmental sample locations are paved over, and no nearby unpaved locations exist where we may obtain soil samples, CONSULTANT shall retain a coring subcontractor to remove pavement in proposed boring locations. If multiple sample rounds are required as noted in Optional Task 1B, this may be required for each iteration of sampling. Prior to performing work, CONSULTANT shall provide a work plan to the City for review and approval. No work shall be performed unless authorized by the City.

1.6 Work with City staff and community to develop schematic plan(s).

1.7 Perform needed topographic survey for existing site, plans layout, and final approved improvements (from the evaluation/recommendation) for use as base layout for the schematic plans.

1.8 Provide preliminary project estimate that includes an itemized list of bid items. The project estimate shall be accurate and prepared based upon current construction pricing and escalated to mid construction. CONSULTANT shall review recent bids, and contact vendors, suppliers, and contractors as necessary to develop an accurate cost estimate. The CONSULTANT shall provide the assumptions and supporting documents used to prepare the estimate. The project estimate shall consider the following factors:

1. Recent similar Projects bided in the Bay Area, especially in the South Bay.

2. Current economic trend.

3. When the Project will be bided.

4. When construction will occur.

5. The risks that contractors need to consider for the Project.

Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 8

1.9 Develop project schedule. Schedule shall include all needed times to complete all tasks, including City’s review times, permitting process, and construction period.

1.10 Meet with City staff to review City comments on schematic design, and gain concurrence as to how the documents will be revised as appropriate to incorporate City comments.

1.11 Plan, coordinate, schedule, attend meetings, and produce meeting minutes with action items for all meetings with the City as deemed necessary to efficiently complete this phase of the design in a timely manner.

1.12 CONSULTANT shall prepare an Arborist Tree Inventory and Report. The report will be prepared for approximately 40 trees potentially impacted by the current project improvements. Scope of services will include identification of species and trunk diameter; identification tagging; visually evaluate health and structural condition; identify protect trees per City of Santa Clara’s tree preservation ordinance; rate tree suitability for preservation; evaluate impacts of proposed improvements on trees; prepare a Tree Assessment Map; and prepare Tree Preservation Guidelines.

1.13 Conduct Traffic Volume Data Collection. Traffic counts will be conducted at the following intersection:

1. Kiely Blvd/Kaiser Drive

2. Kiely Blvd/Current Park Driveway Entrance.

The counts will be performed between 7:00 – 9:00 AM and 4:00 – 6:00 PM and will include cars (lights), trucks/buses (heavies), pedestrians, and bicyclists. The counts will be collected during two weekdays (Tuesday & Wednesday or Wednesday & Thursday).

Additionally, weekend counts will also be collected on Saturday or Sunday (whichever day is desired by the City), from 10 AM to 6 PM. From these counts, the peak one-hour AM and PM peak hour volumes will be identified. The peak hour volumes will then be used to determine signal phasing (i.e. protected left turn phasing, split vs. permissive, etc.), as well as turn lane storage.

1.14 CITY maintains a list of known utility operators in CITY. CONSULTANT shall prepare a Notice of Intent to Construct (NOI) on CITY’s standard NOI form and submit it to the known utility operators in order to gather records for existing utilities. Location map exhibits will be required to be submitted as part of the NOI. CONSULTANT shall provide CITY a draft of the NOI prior to sending it to the utility, maintain log of all NOI sent and received, and provide CITY all information received from the NOI. The purpose of the collection of utility information is to identify ownership of surface features that will be impacted by the work, and also to identify if there are any high-risk utilities within the project limits that may be impacted by the work.

All data collected from the field shall be provided to the City for records. Prior to performing data collection, CONSULTANT shall provide a work plan to the City for review and approval. No work shall be performed unless authorized by the City.

Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 9
Task 1 Deliverables – Electronic and hard copy format:

1. Geotechnical Soil report – One (1) PDF

2. Arborist Tree Inventory and Report

3. Traffic Volume Data Collection

4. Aerial and Topographic Ground Survey

5. Notice of Intent form(s)

6. Draft schematic plans: One (1) PDF and one (1) AutoCAD file.

7. Project schedule – One (1) PDF and one (1) Microsoft Project file.

8. Preliminary budget estimate – One (1) PDF and one (1) Microsoft Excel file.

9. Miscellaneous project information (as requested).

10. Meeting minutes – one (1) PDF and one (1) Microsoft Word file.

Task 2.0: Community Outreach
Consultant shall work closely with City staff to develop meeting strategy and format to engage the community.

2.1 Develop presentation materials, exhibits, design alternatives, and questionnaires for public workshops/meetings.

2.2 Plan, coordinate, schedule, attend workshops/meetings, and produce meeting minutes.

Plan for two (2) workshops/meetings.

2.3 Based on community’s input, refine and develop final schematic plans.

2.4 Produce meeting minutes with action items.

Task 2 Deliverables – Electronic and hard copy format:

1. Exhibits, alternative, & questionnaires – PDFs and hard copies as needed.

2. Schematic plans: One (1) PDF and one (1) AutoCAD file

3. Miscellaneous Project information (as requested).

4. Meeting minutes – one (1) PDF and one (1) Microsoft Word file.

Task 3.0: PRC & CC Meetings
Consultant shall assist City staff to present the Project to Parks & Recreation Commission and City Council.

3.1 Prepare PowerPoint presentation using City template, including plans and alternatives, for Parks & Recreation Commission meetings. Plan for One (1) PRC meeting.

3.2 Prepare PowerPoint presentation, including plans and alternatives, for City Council Meetings. Plan for one (1) meeting.

3.3 Produce meeting minutes with action items.

Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 10

3.4 Provide CEQA determination and assist in filing paperwork. CONSULTANT will confer with City planning to receive CEQA exemption determination.

Task 3 Deliverables – Electronic and hard copy format:

1. Presentation materials, exhibits, & alternative – PDFs and MS PowerPoint file.

2. Revised final schematic plans: One (1) PDF and one (1) AutoCAD file.

3. Miscellaneous Project information (as requested).

4. Meeting minutes – one (1) PDF and one (1) Microsoft Word file Phase II
Task 4.0: 65% Construction Documents
Based on the approved schematic plans, approved project scope within budget, and any adjustments authorized or directed by the City, the Consultant shall develop and refine the design, and prepare construction documents.

Plans shall be drawn to scale, on D-size (24” X 36”) sheets, at an engineering scale up to 1” = 40’ maximum, conforming to City’s Design Criteria. Plans are to be drawn by AutoCAD 2021 or earlier versions, using City-provided standard AutoCAD template with background layout from Consultant’s topographic survey.

4.1 Prepare 65% construction documents and supporting information for the City’s review, including, but not limited to:

4.1.1 Consultants shall follow City’s Design Criteria and plan format to prepare 65% Plans and supporting information for the City’s review, including but not limited to the followings:

A. Plans with details of major design components as necessary such as:

1. Site drawing

2. Landscape drawings

3. Traffic drawings

4. Park Amenity drawings

5. Electrical drawings

6. Civil drawings

7. Structural drawings
B. 65% Plans shall include all existing utilities on-site and immediate surrounding off-site areas. Pertinent background information as relating to proposed improvements such as, but not be limited to, layouts, fence, gate, pedestrian pathway, property lines, site entrance/exist driveway, adjacent streets shall be shown.

Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 11

4.2 Prepare an updated engineering cost estimate. If 65% engineering cost estimate prepared at this point exceeds the preliminary construction budget approved at the end of the preliminary engineering/evaluation phase, the Consultant shall explain and justify the increase and shall submit a list of proposed modifications to bring the cost within budget.

4.3 Prepare an updated project schedule.

4.4 Meet with City staff as needed to review City comments on 35% submittal and gain concurrence as to how the documents will be revised, as appropriate, to incorporate City comments.

4.5 Plan, coordinate, schedule, attend meetings, and produce meeting minutes with action items for all meetings with the City as deemed necessary to efficiently complete this phase of the design in a timely manner.

4.6 Conduct a quality control (QC) review of design documents (Plans, Specifications, and Engineer’s Cost Estimates).

4.7 CITY will circulate the submittal package to internal CITY departments for review and comments. CONSULTANT shall be responsible for submitting the package to external stakeholders if required. CONSULTANT shall prepare written responses to all written comments received. All redlined drawings shall be returned with CONSULTANT’s response on the redlined drawings.

4.8 CONSULTANT shall be responsible for resolving comments from each commenter and shall identify to CITY any comments that cannot be resolved. CONSULTANT shall conduct a 65% comments review meeting with CITY to discuss comments on the submittal package, to identify any significant design issues, and gain concurrence as to how the submittal shall be revised as appropriate to incorporate CITY’s comments.

4.9 CITY maintains a list of known utility operators in CITY. CONSULTANT shall prepare a Notice of Intent to Construct (NOI) on CITY’s standard NOI form and submit it to the known utility operators in order to gather records for existing utilities. Location map exhibits will be required to be submitted as part of the NOI. CONSULTANT shall provide CITY a draft of the NOI prior to sending it to the utility, maintain log of all NOI sent and received, and provide CITY all information received from the NOI. The purpose of the collection of utility information is to identify ownership of surface features that will be impacted by the work, and also to identify if there are any high-risk utilities within the project limits that may be impacted by the work.

4.10 CONSULTANT shall perform subsurface investigation by pot-holing to positively locate potential underground utility conflicts with the new signal equipment, primarily the signal pole foundations. Pole foundation depth may vary between 6' and 13'. A total of 12 holes are budgeted for the signal pole & conduit improvements. The pot-holing scope includes 8 holes at 13’ depth and 4 at 6’ depth. The potholes will be at least 6" in diameter. Pot-holing for onsite for potential conflicts assumes 4 additional pot-holes at 6’ Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 12
depth. It is assumed that this work will be done over the span of three (3) days.

All pothole information obtained from the field shall be provided to the City for records and included in the contract documents. Prior to performing pot-holing, CONSULTANT shall provide a work plan to the City for review and approval. No work shall be performed unless authorized by the City.

Task 4 Deliverables – Electronic and hard copy format:

1. 65% Plans – One (1) PDF and one (1) AutoCAD file.

2. 65% Engineering cost estimate – One (1) PDF and one (1) Microsoft Excel file.

3. Updated project schedule – One (1) PDF and one (1) Microsoft Project file.

4. Quality control checklist for 65% PS&E submittal – One (1) PDF and one (1) Microsoft Word or Excel file.

5. Written response matrix – One (1) PDF and one (1) Microsoft Word or Excel file.

6. Miscellaneous Project information (as requested).

7. Meeting minutes – One (1) PDF and one (1) Microsoft Word file.

8. Traffic counts data

9. Pot-holing data
Task 5.0: 95% Construction Documents
Based on City’s comments and direction on the 65% PS&E, Consultant shall revise the 65% PS&E to produce the 95% PS&E. Consultant shall:

5.1 Prepare 95% construction documents and supporting information for the City’s review and approval.

5.1.1 Construction details of proposed improvements shall be included in the 95% Plans.

5.1.2 Provide technical specifications.

5.1.3 Provide Structural plans and calculations for Light post footings

5.1.3 Provide modified sections to City standard specifications to suit Project. Modified sections include, but not be limited to, general information, summary of work, measurement and payment for bid items, permitting and agency regulatory requirements, etc.

5.1.4 Provide required information to the City’s Project Specific Specification Book (Division 0, 1, and 2). Required information from Consultant for City’s frontend specifications are, but not be limited to, the followings:

1. Description of work

2. Type of Contractor’s License required

3. Construction Schedule

4. Bid Schedule
Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 13

5. Requirements for Contractor’s Statement of Qualifications (e.g. experience requirements for similar work and contract values)

6. Identification of any changes to the City’s standard specifications that are required.

5.2 Prepare an updated engineering cost estimate. If the cost is higher than allocated construction budget, Consultant need to create Add Alternate items so that the project cost estimate is within available project budget.

5.3 Prepare an updated project schedule.

5.4 Meet with City staff, as needed, to review City comments on 65% submittal and gain concurrence as to how the documents will be revised as appropriate to incorporate City comments.

5.5 Plan, coordinate, schedule, attend meetings, and produce meeting minutes with action items for all meetings with the City as deemed necessary to efficiently complete this phase of the design in a timely manner.

5.6 Provide written response matrix to City’s comments on 65% PS&E.

5.7 Conduct a quality control (QC) review of design documents (Plans, Specifications, and Engineer’s Cost Estimates).

Task 5 Deliverables – Electronic and hard copy format:

1. 95% Plans – One (1) PDF and one (1) AutoCAD file.

2. 95% Specifications – One (1) PDF and one (1) Microsoft Word file.

3. 95% Engineering cost estimate – One (1) PDF and one (1) Microsoft Excel file.

4. Updated project schedule – One (1) PDF and one (1) Microsoft Project file.

5. Meeting minutes – One (1) PDF and one (1) Microsoft Word file.

6. Quality control checklist for 95% design submittal.

7. Written response matrix – One (1) PDF and one (1) Microsoft Word or Excel file.

Task 6.0: 100% Construction Documents
Based on City’s comments and direction on the 95% PS&E, Consultant shall revise the 95% PS&E to produce the 100% PS&E. Consultant shall:

6.1 Prepare 100% construction documents and supporting documents.

6.1.1 Phase percentage statement such as “100% Plans. Not for Construction” shall be removed from the 100% Plans and each sheet of the plans set shall be stamped and signed by the Consultant’s Engineer of appropriate discipline.

6.1.2 Specifications shall be stamped and signed (on Document 00030 – Seal) by Consultant’s Project Engineer.

Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 14

6.2 Incorporate permit issuers’ comments into P&S and coordinate with permitting departments and agencies to obtain acceptance of permit application package.

6.3 Prepare an updated Engineering Cost Estimate with backups and justifications for unit pricing.

6.4 Prepare an updated Project Schedule.

6.5 Provide Documents for City’s PS&E approval process. Required documents are, but not be limited to, engineer’s estimate using the schedule of quantities format, recent similar project bid summaries to validate engineer’s estimate, consultant Peer Review Certification, consultant Lessons Learned from other similar projects that were applied to this Project.

6.6 100% PS&E shall be Peer reviewed and Certification of Peer Review shall be submitted with the 100% Submittal.

6.6.1 A statement (see statement in Sub-Section 5.6.2 below) to indicate Peer Review has been performed and signature of the Engineer who performed it shall be added to the Plans Cover Sheet.

Certification of Peer Review: The following paragraph shall be put on the company letter head, dated, and signed by the Peer Review Engineer. “The undersigned hereby certifies that a professional peer review of these plans and the required designs was conducted by me, a professional landscape architect with expertise and experience in the appropriate fields of landscaping equal to or greater than the Architect of Record, and that appropriate corrections have been made.”

6.7 Prepare and submit Special Inspection Form for the Project.

6.8 Meet with City staffs as needed to review City comments on 100% submittal and gain concurrence as to how the documents will be revised as appropriate to incorporate City comments.

6.10 Plan, coordinate, schedule, attend meetings, and produce meeting minutes with action items for all meetings with the City as deemed necessary to efficiently complete this phase of the design in a timely manner.

6.11 Provide written response matrix to City’s comments on 95% PS&E.

6.12 Provide list of potential bidders including company name, email address, contact number, and address of business.

6.13 The project will be submitted to the Building Division and Fire Department for review and approval for all onsite improvements. The City project manager will take the lead for submittal to the Building Division and Fire Department; however, Consultant will need to Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 15
provide all necessary supporting documents, which may include but are not limited to Special Inspection Form, Structural Calculations, other any other documents that are required to obtain Building Permit and Fire Permit.

Task 6 Deliverables – Electronic and hard copy format:

1. 100% Plans – One (1) PDF and one (1) AutoCAD file.

2. 100% Specifications – one (1) PDF and one (1) Microsoft Word file.

3. Structural Calculations – One (1) PDF.

4. Consultant Lessons Learned – One (1) PDF.

5. Certification of Peer Review – One (1) PDF.

6. 100% Engineering Cost Estimate – One (1) PDF and one (1) Microsoft Excel file.

7. Updated Project Schedule – One (1) PDF and one (1) Microsoft Project file.

8. All Permit application packages with all necessary supporting documentations. 9 Special Inspection Form – One (1) PDF.

10. Meeting minutes – One (1) PDF and one (1) Microsoft Word file.

11. Quality control checklist for 100% design submittal.

12. Written response matrix – One (1) PDF and one (1) Microsoft Word or Excel file Task 7.0: Bid Documents
Based on City’s comments and direction on the 100% PS&E, Consultant shall revise the 100% PS&E to produce the Bid Documents. Consultant shall:

7.1 Incorporate City review comments of 100% PS&E into Bid Documents.

7.2 Incorporate permit issuers’ comments into P&S and coordinate with permitting departments and agencies to obtain acceptance of permit application package.

7.3 Prepare Bid Documents (P&S).

7.3.1 Bid Plans shall be wet stamped and signed by the Consultant’s Engineer of appropriate discipline. Plans shall be drawn to scale and plotted onto D-size sheets.

7.3.2 Bid Specifications shall be wet stamped and signed (on Document 00030 – Seal) by Consultant’s Project Engineer.

7.4 Plan, coordinate, schedule, attend meetings, and produce meeting minutes with action items for all meetings with the City as deemed necessary to efficiently complete this phase of the design in a timely manner.

Task 7 Deliverables – Electronic and hard copy format:

1. Bid Plans – One (1) PDF of wet-signed/stamped, D-size and one (1) AutoCAD file.

2. Bid Specifications – One (1) PDF of wet-signed/stamped, A-size and one (1) Word file.

3. Written response matrix – One (1) PDF and one (1) Microsoft Word or Excel file.

4. Quality control checklist for bit set submittal.

Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 16

5. Final Building and Fire permits responses.

6. Meeting minutes – One (1) PDF and one (1) Microsoft Word file.

7. Written response matrix – One (1) PDF and one (1) Microsoft Word or Excel file.

Task 8.0: Bid and Award Phase
Consultant shall provide assistance to the City during the bidding and award phase, answer questions from bidders, help and prepare exhibits for addenda when necessary, assist the City in evaluation of bids received, and provide a written recommendation for the award of contract, when requested.

Consultant shall:

8.1 Attend and conduct Pre-Bid Conference/Sites Visit.

8.2 Assist the City with responses to bidder’s inquiries through the City’s Project Manager.

8.3 Assist the City with addenda to the construction documents as needed to respond to bidder’s inquiries and clarify the intent of bid documents.

8.4 Assist the City in evaluating bids (if required by the City).

8.5 Within fourteen (14) days from the bid opening date, prepare and submit a conformed set of contract documents (Plans and Specifications) incorporating any and all addenda (if needed).

Task 8 Deliverables – Electronic and hard copy format:

1. Written response to bidder’s inquiries – Signed PDF.

2. Support information for addenda – Signed PDF.

3. Written recommendation letter to award of contract for the Project – Signed PDF.

4. Conformed Set (if needed) – One (1) PDF of Plans and Specifications, one (1) AutoCAD file of Plans, and one (1) Microsoft Word file of Specifications.

Task 9.0: Construction Phase
City’s construction management staff is lead for the managing the construction phase of the project.

Consultant’s responsibility to provide basic services for the construction engineering during the construction phase under this agreement is engineering support services and it commences with the “Notice to Proceed” (NTP) of the contract for construction and terminates on the date the City approves the certificate of completion of the Project.

9.1 Consultant will assist the City in providing administration of the contract for construction. Duties, responsibilities and limitation of authority of Consultant shall not be restricted, modified, or extended without written agreement of the City.

9.2 Consultant shall attend the Pre-construction meeting.

Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 17

9.3 Consultant shall visit the site as required for the benefit of the Project during this phase.

During these site visits, Consultant shall attend job progress meetings, pre-submittal meetings, pre-installation meeting, and other meetings as required by the City.

Consultant’s structural, civil, and electrical sub-consultants shall visit the site as required when work related to their discipline is in progress.

9.5 Perform certified impact attenuation testing of all protective surface after installation.

9.6 Consultant shall make construction observation visits throughout the construction phase.

Consultant shall issue an observation report after each visit. Assume up to three (3) meetings.

9.7 In addition to the construction observation visits, Consultant shall review technical submittals, shop drawings, product data, product samples, and product warranties from the contractor for conformance with the specifications and drawings. The Consultant’s action shall be taken with such reasonable promptness so as to cause no delay in the work, while allowing sufficient time in Consultant’s judgment to permit adequate review.

The Consultant will be allowed a maximum of seven (7) calendar days for review of submittals. Consultant’s review shall not constitute review of safety precautions or, unless otherwise specifically stated by Consultant, of construction means, methods, techniques, sequences or procedures. Consultant’s review of specific items shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the contract documents, Consultant shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the contract document.

9.8 Consultant shall respond to Contractor’s Request for Information (RFI) and Request for Substitution (RFS). Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. Consultant shall be allowed a maximum of seven (7) calendar days to respond to RFIs and RFSs that impact the Project schedule or a maximum of fourteen (14) calendar days to respond to RFIs and RFSs that do not impact the Project schedule.

9.9 The Consultant shall prepare the Scope of Work, including sketches, for Field Instructions issued to the Contractor. When requested by the City, Consultant shall review Change Order (CO) pricing and provide written responses for the City’s review and finalizing said COs
Task 9 Deliverables – Electronic and hard copy format:

1. Signed PDFs of Reviewed Contractor Submittals, Shop Drawings, RFIs, RFSs, and Field Instructions.

2. Signed PDFs of COs’ recommendations.

3. Signed PDFs of Field reports by Consultant and sub-consultants.

Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Rev. 04-12-21 Page 18
Task 10.0: Post-Construction Phase

10.1 When requested by the City, Consultant shall conduct reviews to assist the City to determine the date or dates of Substantial Completion and the date of Final Completion.

Consultant’s decisions with City approval on matters relating to aesthetic effect may be final if consistent with the intent expressed in the Contract Documents.

10.2 Upon request by Contractor, in accordance with contract Specifications, for Substantial Completion and later Final Completion, Consultant shall assist City in determining if the Project is ready for the stage of completion requested by the Contractor. Consultant shall provide City with a written recommendation.

10.3 Consultant shall perform a walk-through of the Project site, review Contractor Punch List, and provide written response with status and action of items on the Punch List.

Consultant shall attend final walk-through of the Project site with the City, verify Punch List completion, and provide written response with recommendation regarding Project acceptance and close-out.

10.4 Consultant shall review Contractor-supplied Operation and Maintenance manuals and Warranties to determine their completeness and compliance with Construction Contract and provide written recommendation for acceptance.

10.5 Provide a complete set of the Record Drawings and all X-ref files “bound,” including other associated fonts, plot style files on AutoCAD, including electronic copies in PDF format. CONSULTANT may, at its own expense, prepare and retain a copy of each drawing for its permanent file.

Task 10 Deliverables – Electronic and hard copy format:

1. Substantial Completion/Final Completion recommendations and Reviewed Punch List – One (1) signed PDF.

2. Record Drawings – One (1) PDFs and one (1) AutoCAD files.

Design Professional Agreement with NUVIS/Exhibit B-Schedule of Fees Rev. 04-12-21 Page 1

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
between the

CITY OF SANTA CLARA, CALIFORNIA,
and
NUVIS LANDSCAPE ARCHITECTURE, INC.
for

CENTRAL PARK NEW ENTRANCE, ACCESS, AND PARKING IMPROVEMENTS

PROJECT

REVISED EXHIBIT B

SCHEDULE OF FEES
I. GENERAL PAYMENT
The total payment to the Consultant for Basic Services, as stated in Exhibit A, shall not exceed $366,926. The amount billed to City for pre-approved Additional Services shall not exceed the sum of $37,074. In no event shall the amount billed to City by Consultant for Services under this Agreement exceed $404,000, subject to budget appropriations.

Consultant shall bill City on a monthly basis for Services provided by Consultant during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. Billing shall be proportionate to the Services performed for each task completed. The invoice shall describe the Task completed, and percentage completed by Task, and total during the invoice period. The invoice shall also show the total to be paid for the invoice period. City will pay Consultant within thirty (30) days of City’s receipt of an approved invoice.

II. BASIC SERVICES
The total payment to Consultant for all work necessary for performing all Tasks, as stated in Exhibit A, shall be in proportion to Services rendered and on a Time-and-Material not-to-exceed basis.

The Consultant fee allocated to each Task, as shown below, shall be the Consultant’s full compensation for all the Consultant Services required for the Project and by this Agreement, as directed by the City, and no additional compensation shall be allowed. The total amount of all the Tasks is a not-to-exceed amount.

The amount for each Task and the total amount of all the Tasks are as listed below:

Design Professional Agreement with NUVIS/Exhibit B-Schedule of Fees Rev. 04-12-21 Page 2
Description of work and task Cost for Basic
Services
Phase 1 Design
Task No. 1 – Preliminary Engineering and Evaluation $89,687 Task No. 2 – Community Outreach Meetings $7,795
Task No. 3 – Parks and Recreation Commission and City Council’s Approval
$16,479
Optional Task 1A – Soil Management Plan $4,000
Optional Task 1B – Impacted Soil Delineation $8,000
Optional Task 1C – Concrete/Asphalt Coring $3,000
Phase 2 Design
Task No. 4 – 65% Construction Documents $90,939
Task No. 5 – 95% Construction Documents $46,190
Task No. 6 – 100% Construction Documents $37,212
Task No. 7 – Bid Documents $6,810
Task No. 8 – Bid and Award Phase $15,043
Task No. 9 – Construction Phase $22,524
Task No. 10 – Post-Construction Phase $19,247
TOTAL COST $366,926
In no event shall the amount billed to City by Consultant for BASIC SERVICES under this Agreement exceed three hundred sixty-six thousand nine hundred twenty-six ($366,926).

III. REIMBURSABLE EXPENSES
There are no reimbursable expenses.

IV. ADDITIONAL SERVICES
Additional Services consists of work not included in the Scope of Services outlined within this Agreement. Pre-approved Additional Services shall be billed to City at the fixed hourly rates shown below in Section V, RATE SCHEDULE, or at an agreed negotiated lump sum price. Monthly billing for Additional Services shall be consistent with the term set forth in this Agreement. Payment for any Additional Services is allowed only if written authorization is given by the City Engineer in advance of the work to be performed. Additional Services shall not exceed $37,074.

V. RATE SCHEDULE
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.

Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.

Design Professional Agreement with NUVIS/Exhibit B-Schedule of Fees Rev. 04-12-21 Page 3
Rates by classification are listed below and shall be fixed through December 31, 2024. No adjustment to the rates will be allowed during the term of this Agreement unless otherwise agreed in writing by City. Any classifications added, or staff members changing classifications, shall be approved in writing by City.

After December 31, 2024 rates may be adjusted as described herein. CONSULTANT shall propose any adjusted rates in writing for CITY’s consideration and acceptance in writing.

Adjusted rates shall be no more than the percentage of difference between the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers for the San FranciscoOakland-Hayward, CA, area between the effective date of this Agreement and the CPI as may be available and nearest to and in advance of the month in which the adjustment is contemplated and shall be capped at a maximum of 3% for each adjustment. Only one adjustment is allowed per annum.

The pay rates for the project by classification are listed below:

Primary Consultant – NUVIS LANDSCAPE ARCHITECTURE, INC.:

HOURLY RATES:

Professional services (including portal to portal domestic travel time) performed on an hourly basis will be billed at the fol lowing personnel rates.

Corporate Principal
Principal
Senior Associate
Associate
CADD Technician I
CADD Technician II
Administrative
DIRECT PROJECT EXPENSES:
$200.00/hour
170.00/hour
155.00/hour
140.00/hour
130.00/hour
120.00/hour

85.00/hour
Direct Project Expenses (DPE) shal l be billed to the CLIENT in addition to fees for professional scope of services at the multiplier of 1.15% of actual cost. They include, but may not be limited to, production 'materials' or expenditures on behalf of the project, including: computer related expenses (ie: plotting and digital transfer items); domestic courier delivery service and postage/ shipping/ overnight delivery; facsimile ( outgoing); photography and related supplies; applicable travel expenses (including mi leage at the current IRS rate); in-house printing/reproduction; special insurance coverage; and subconsultants not retained by the CLIENT.

Design Professional Agreement with NUVIS/Exhibit B-Schedule of Fees Rev. 04-12-21 Page 4
Subconsultant Billing Rates:

RJA
CD Design Group

HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES
Classification Rate
Senior Project Manager ......... ..... ....... ............ ..... ....... ....... ..... ............ ................. ....... ..... .. .......... ....... $240.00 Proj ect Manager ... ... ... ... ... ... ... ..... ... ..................... ....... ....... ..... ..... ....... ................. ............ .. .......... .......... 224.00 Senior: Engineer, Surveyor, Planner .... ............... .. ..... .. ........... ...... .. ... .. ...... .... ..... .... .................... .. .. ...... 213.00 Associate: Engineer, Surveyor, Planner ............ ....... ............... ........ ..... ........ .. ...... ..... ............ ..... .... 198.00 Engineer, Surveyor, Planner .. ... ... ........................ .. ..... ....... ..... ..... .... ... ................. .... ... ....... .......... .......... 183.00 Assistant: Engineer, Surveyor, Planner .... ......... ..... ....... ........ ......... ........ .. .. ..... ................. .............. ....... 160.00 Senior Designer/Teclmician .. ... ... ... .......... .......................................... .... .. .. ..... .... ... ...... ............ ...... ....... 164.00 Technician .... ... ..... ... ... ... ............... ........................ ....... ....... ..... ..... ...... .. .... ..... .... .. .. ........... ..... ....... ......... 142.00 Assistant Technician ·····•····•·········•·•····•······•····•····•·•····•·•················•····•················•···········•·•··•·•····•·•······ 122.00 Project Coordinator .... ... ... ... ... .. ... .. ..... .. .... ..... ....... ....... ....... ..... ..... ...... .. .... ..... .... .. .. .... ....... ..... ....... ......... 11 2.00 Administrative Assistant ..... .. .......................... ........... ........... ..... ...... ... ................. .......... ............. .......... .. 95.00 Clerical .. ... ... ... ..... ... ... ... ... ... .... .... ....... .. ............... .. ..... .. .. ......... .... .... ... .. ...... ......... .... ......... ........... .. .......... 72 .00 Field Survey Manager ................ ....... .... ................. .. ..... ............ ..... .... .... ............. ................. .......... ....... 197.00 1-Person Survey Crew ... ... ...... ..... ....... ................. ............................... ................. ............. ........ ............. 180.00 2-Person Survey Crew ... ... .... .. .. ... .. ....................... ....... ....... ..... ..... ...... .. .... ..... .... .. .. .... .... ... ..... ....... ......... 283.00 3-Person Survey Crew ... ... .... .. .. ... .. ....................... ....... ....... ..... ..... ...... .. .... ..... .... .. .. ........ ... ..... ....... ......... 340.00 Principal .... ... ... ..... ... ... ... ... ... ... .. ... ............. ..... ....... ...... ......... ..... .... .... .. ...... ..... ... ... ... ... ... ............... ... ....... 250.00 Deposition/Court Appearance .. .. .............. ........... ....... ........... ..... ...... ... ........... rates are available upon request EXPE 1SE SCHEDULE
Bond Copy (24"x36") ... ....................................... ....... ....... ..... ..... ...... .. .... ..... .... .. .. ................ ........ $1.50 each Color/mylar plot (small, medium) ..... .. ...... .... .... $10.00 each Color/mylar plot (large) ... ... .......................... ....... ... .... ...... ........... .... .. ... ... ..... ...... ............. ..... ... ..... $50.00 each Xerox copy ... .. . .. . ... . ... ... ... .. ... .. .. .. . .. .. ... .. ... .. .. .. ... . .. . .... $0.15 each Color xerox copy (8½ x 11 or 11 x 17) .... ..... ....... ....... ..... ..... ....... ...... .. .... ..... ... ... .. ........ ... ..... ... ....... $0.50 each Client-Requested Overtime ...... .. ...... ....... .................. ........... ..... ...... ... ............... .......... Hourly Rate plus 25% All other expenses, including:

Delivery Service
Outside Reproduction
Mileage - Auto
Outside Consultants
Actual Cost plus 15%
Travel & Expenses
Filing or Permit Fees
Conference Call Expenses
Services to be at our standard hourly rates or at a mutually agreed upon fixed amount.

Our standard hourly rates are as follows:

Sr. Principal, Principal
CAD Design/Draft
Administrative
$95.00/hr
$65.00/hr
$45.00/hr
Design Professional Agreement with NUVIS/Exhibit B-Schedule of Fees Rev. 04-12-21 Page 5
ENGEO
Land Design Group Landscape Architects
President ..................................................................................................................................... $410.00 per hour Principal ....................................................................................................................................... $315.00 per hour Associate ..................................................................................................................................... $265.00 per hour Senior Engineer/Geologist/Seismologist/Project Manager ........................................................ $230.00 per hour Project Engineer/Geologist/Seismologist/Manager .................................................................... $208.00 per hour Environmental Scientist.. ............................................................................................................. $190.00 per hour Staff Engineer/Geologist/Seismologist ....................................................................................... $188.00 per hour Assistant Engineer ...................................................................................................................... $145.00 per hour Construction Services Manager .................................................................................................. $180.00 per hour· Senior Field Representative 11. .................................................................................................... $160.00 per hour*/** Senior Field Representative 1. ..................................................................................................... $144.00 per hour*/** Field Representative ................................................................................................................... $133.00 per hour*/** Environmental Technician ........................................................................................................... $133.00 per hour*/** Senior Laboratory Technician ..................................................................................................... $160.00 per hour Laboratory Technician ................................................................................................................. $145.00 per hour Senior CAD Specialist ................................................................................................................. $160.00 per hour Senior GIS Analyst ...................................................................................................................... $170.00 per hour GIS Analyst.. ................................................................................................................................ $163.00 per hour CAD Specialist ............................................................................................................................ $145.00 per hour Network Administrator ................................................................................................................. $205.00 per hour Project Assistant.. ........................................................................................................................ $123.00 per hour

FEE SCHEDULE
(2021)
Senior Principal $ 170.00/Hr.

Principal $ 150.00/Hr.

Senior Associate $ 118.00/Hr.

Associate $ 110.00/Hr.

LCAD $ 95.00/Hr.

LCAD II $ 85.00/Hr.

Administration Time $ 70.00/Hr.

Design Professional Agreement with NUVIS/Exhibit B-Schedule of Fees Rev. 04-12-21 Page 6
Activewayz Engineering
HortScience | Bartlett Consulting
Classification
ACTIVEW AYZ ENGINEERING (2021)
Project Manager
Project Engineer
Design Engineer
Engineering Technician
Project Coordinator
Managing Consultants
Consultants
Arborist
CAD/GIS Specialist
Administrative Assistant
$220.00
$180.00
$150.00
$150.00
$70.00
Billing Rate
$198/hr
$168/hr
$124/hr
$60/hr
$60/hr
Design Professional Agreement with NUVIS/Exhibit C-Insurance Requirements Page 1 Rev. 04-12-21

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
NUVIS LANDSCAPE ARCHITECTURE, INC.

FOR

CENTRAL PARK NEW ENTRANCE, ACCESS, AND PARKING IMPROVEMENTS

PROJECT

REVISED EXHIBIT C

A. COMMERCIAL GENERAL LIABILITY INSURANCE

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and
Design Professional Agreement with NUVIS/Exhibit C-Insurance Requirements Page 2 Rev. 04-12-21
c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

C. WORKERS’ COMPENSATION

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

Design Professional Agreement with NUVIS/Exhibit C-Insurance Requirements Page 3 Rev. 04-12-21

2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.

3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to nonpayment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of nonrenewal. b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.

F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Design Professional Agreement with NUVIS/Exhibit C-Insurance Requirements Page 4 Rev. 04-12-21
Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:

EBIX Inc.

City of Santa Clara Public Works Department
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

Design Professional Agreement with NUVIS/Exhibit E-Milestone Schedule Page 1 Rev. 04-12-21

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
NUVIS LANDSCAPE ARCHITECTURE, INC.

FOR

CENTRAL PARK NEW ENTRANCE, ACCESS, AND PARKING IMPROVEMENTS

PROJECT

REVISED EXHIBIT E

MILESTONE SCHEDULE
Phase I Duration
Preliminary Engineering/Evaluation 7 weeks
Community Outreach Package 5 weeks
Parks and Recreation Commission & City Council Meeting 5 weeks Phase II
65% Construction Documents (including 4 weeks City review) 10 weeks 95% Construction Documents (including 4 weeks City review) 10 weeks 100% Construction Documents (including 4 weeks City review) 9 weeks Bid Documents (including 3 weeks City review) 8 weeks
Provide clarifications and assistance during the bidding phase to satisfactorily answer any questions from prospective bidders 2 days response
time
Prepare Record Drawing 2 weeks
21-627

REPORT TO COUNCIL

SUBJECT
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
Agenda Date: 8/24/2021
Action on an Agreement with NUVIS Landscape Architecture, Inc. for Design Professional Services for the Central Park New Entrance, Access, and Parking Improvements Project

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure; Enhance Community Sports, Recreational and Arts Assets

BACKGROUND
The City of Santa Clara's Central Park (Park) was constructed in the 1960's. In October 2019, the Parks & Recreation Commission recommended approval of the Central Park Master Plan (Master Plan) which includes a series of major park improvements to address aging infrastructure and other community park needs identified through community input and facility condition assessments. One of the capital improvement projects identified in the Master Plan is the Central Park Entrance, Access, and Parking Improvements Project (Project). The Project consists of installation of a new accessible entrance to Central Park at the corner of Kaiser Drive and Kiely Boulevard near the Magical Bridge Playground currently in design phase. The new entrance includes improved landscaping, a new traffic signal, expanded parking area, and an accessible drop off area and paths connecting to the Community Recreation Center, the playground and other areas of the Park while preserving the Veterans' Memorial, adjacent event space and grass meadow.

The design phase of the Project will be completed in two phases. The proposed Agreement for the first phase of the Project includes the following scope of work: conducting site assessment and investigation, arborist report, ADA evaluation, community outreach; preparing a schematic design for the improvements; and providing assistance with presenting the proposed plans to the Parks & Recreation Commission and City Council. The scope of work for the second phase of the Project will depend on the results of the first phase, but will generally include: preparing bid documents (plans, specifications, and engineer's estimate) for public works bidding based on the selected schematic plan, assisting with obtaining Building and Fire permits for the design plans, and providing engineering support services during all phases of the Project.

DISCUSSION
In October 2020, a competitive Statement of Qualifications (SOQ) selection process was used, requesting proposals from consultant firms with experience in parks projects, to establish the 2020- 25 Parks & Recreation Department Pre-Qualified Consultant List. Staff from the Department of Public Works and Parks & Recreation Department reviewed all the proposals and ranked the firms based on their qualifications. The final Pre-Qualified Consultant List is made up of the top 10 most qualified consultant firms and is intended to be utilized for any potential design services for upcoming park improvement projects.

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21-627 Agenda Date: 8/24/2021
In February 2021, the City issued a competitive Request for Proposals (RFP) to solicit proposals for the Project using the existing Pre-Qualified Consultant List. Staff received proposals from five firms:

Gates and Associates Landscape Architecture, Inc., NUVIS Landscape Architecture, Inc., PGA Design, RHAA, and Verde Design. A proposal review panel consisting of staff from the Department of Public Works and the Parks & Recreation Department evaluated each proposal against the criteria set forth in the RFP, including pricing, responsiveness to the RFP, project approach, and ability to complete the project within the proposed schedule.

Based on the panel's evaluation, NUVIS Landscape Architecture, Inc. (NUVIS) is recommended for award of contract having submitted the best value proposal. NUVIS demonstrated a strong project understanding and provided an excellent project approach to investigate and resolve the issues presented in the RFP. NUVIS has over 30 years of experience providing a full range of professional landscape architectural services for parks and recreation related spaces for various public agencies throughout California. NUVIS has completed park projects for small and large cities, such as City of Irvine, City of Los Angeles, City of Lake Forest, Town of Danville, and many more.

Staff recommends entering into the Agreement with NUVIS Landscape Architecture, Inc. to complete design professional services for the first phase of the Central Park New Entrance, Access, and Parking Improvements Project (Attachment 1 ). It is anticipated that staff will return to City Council before summer 2022 to obtain approval for the schematic design and amendment of the Agreement with NUVIS to enable them to complete the second phase of the design. The Agreement includes a section covering prevailing wage requirements.

ENVIRONMENTAL REVIEW
Council action on this item does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") because it is an administrative activity that will not result in direct or indirect physical changes in the environment as set forth in section 15378(b)(5) of the CEQA Guidelines.

FISCAL IMPACT
The proposed Agreement is for a total not-to-exceed amount of $148,305. This amount includes $128,961 for basic services and $19,344 for additional services. Staff is requesting 15 percent contingency for additional services due to the age of the park and potential unforeseen conditions that may require additional efforts. There is sufficient funding for this agreement in the FY 2021 /22 Budget in the Central Park New Entrance, Access, and Parking Improvements Project (Parks & Recreation Capital Fund).

COO RD I NATION
This report has been coordinated with the Parks & Recreation Department, the Finance Department, and the City Attorney's Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City's website and in the City Clerk's Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk's Office at (408) 615-2220, email [email protected] <mailto:[email protected]> .

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21-627 Agenda Date: 8/24/2021

RECOMMENDATION

1. Approve and authorize the City Manager to execute an agreement for Design Professional Services with NUVIS Landscape Architecture, Inc. for the Central Park New Entrance, Access, and Parking Improvements Project in the amount not-to-exceed $148,305; and

2. Authorize the City Manager to make minor modifications to the agreement, if needed.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Agreement
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EBIX Insurance No. S200004737

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
NUVIS LANDSCAPE ARCHITECTURE, INC.

FOR

CENTRAL PARK NEW ENTRANCE, ACCESS, AND PARKING IMPROVEMENTS

PROJECT

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and NUVIS Landscape Architecture, Inc., a California Corporation, (Consultant). City and Consultant may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. City desires to secure the design professional services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services"; B. "Design professional" includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; C. Consultant represents that it, and its subconsultants, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Consultant shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A- Scope of Services
Exhibit B - Schedule of Fees
Design Professional Agreement with NUVIS
Rev. 09-28-18

Page 1 ends

Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum (if applicable)
Exhibit E - Milestone Schedule
Exhibit F - Project Management Document Software
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the August 23, 2021 and terminate on at the completion of work described in Exhibit A - Scope of Services.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant shall perform those Services specified in Exhibit A within the time stated in Exhibit B. Time is of the essence.

A. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Consultant shall be approved and signed by an appropriate qualified licensed professional in the State of California.

4. WARRANTY
Consultant expressly warrants that all design materials and professional services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Consultant agrees to promptly replace or correct any incomplete, inaccurate or defective professional design materials or professional Services at no further cost to City when defects are due to the negligence, errors or omissions of Consultant. If Consultant fails to promptly correct or replace design materials or professional services, City may make corrections or replace design materials or professional services and charge Consultant for the cost incurred by City.

Design Professional Agreement with NUVIS
Rev. 09-28-18

Page 2 ends

5. QUALIFICATIONS OF CONSUL TANT - STANDARD OF CARE
Consultant represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Consultant's representations regarding its skills and knowledge. Consultant shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

All documents furnished under Exhibit A shall be of a quality acceptable to City.

The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well organized, that is technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by City for similar projects.

6. COMPENSATION AND PAYMENT
In consideration for Consultant's complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement one hundred forty-eight thousand three hundred five ($148,305) subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant's expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.

7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Consultant.

B. Termination for Default. If Consultant fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Consultant.

C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultant will deliver to City all City information or material that Consultant has in its possession.

Design Professional Agreement with NUVIS
Rev. 09-28-18

Page 3 ends

8. ASSIGNMENT AND SUBCONTRACTING
City and Consultant bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Consultant shall not hire subconsultants without express written permission from City.

Consultant shall be as fully responsible to City for the acts and omissions of its subconsultants, and of persons either directly or indirectly employed by them, as Consultant is for the acts and omissions of persons directly employed by it.

10. INDEPENDENT CONSUL TANT
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent consultants and do not act as agent(s) or employee(s) of City. Consultant has full rights to manage its employees in their performance of Services under this Agreement.

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Consultant may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Consultant shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

Design Professional Agreement with NUVIS
Rev. 09-28-18

Page 4 ends

13. RIGHT OF CITY TO INSPECT RECORDS OF CONSUL TANT
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Consultant shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Consultant's Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Consultant agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Consultant, its employees, subconsultants, or agents in the performance, or non-performance, of Services under this Agreement.

15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

16. WAIVER
Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

Design Professional Agreement with NUVIS
Rev. 09-28-18

Page 5 ends

17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Department of Public Works - Design Division 1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Consultant addressed as follows:

NUVIS LANDSCAPE ARCHITECTURE, INC.

Attention: Perry A. Cardoza
20250 SW Acacia Street, Suite 260
Newport Beach, CA 92660
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

18. COMPLIANCE WITH LAWS
Consultant shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Consultant's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Consultant has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

19. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and Design Professional Agreement with NUVIS
Rev. 09-28-18

Page 6 ends

following, and certifies that it does not know of any facts which would violate these code provisions. Consultant will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Consultant shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

21. NO USE OF CITY NAME OR EMBLEM
Consultant shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

26. STATEMENT OF ECONOMIC INTERESTS
Due to the nature of the Services to be performed, Consultant shall promptly file a Statement of Economic Interests (Form 700) upon commencement of the Design Professional Agreement with NUVIS
Rev. 09-28-18

Page 7 ends

Agreement in accordance with California Government Code section 87200, et seq.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

Approved as to Form:

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
V DEANNA,J.

City Mana r
OFFICE OF THE CITY ATTORNEY 1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
"CITY"
NUVIS LANDSCAPE ARCHITECTURE, INC.
a California Corporation
Dated: -==-8....., .l,_,,~-l-.~i2-. ,._--~--- ----- ~
By (Signature): ...... a,___6-""'df_-='
1'-'--"'---H"=L...=-----'=--- / ------ - -
Name: Perry A.Crdoza
Title: President
Principal Place of 20250 SW Acacia Street, Suite 260
Business Address: Newport Beach, California 92660
Email Address: [email protected]
Telephone: (714) 754-7311
Fax: (714) 754-7346
Design Professional Agreement with NUVIS
Rev. 09-28-18
"CONSULT ANT"

Page 8 ends

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
NUVIS LANDSCAPE ARCHITECTURE, INC.

FOR

CENTRAL PARK NEW ENTRANCE, ACCESS, AND PARKING IMPROVEMENTS

PROJECT

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Consultant under this Agreement are set forth below.

I. GENERAL
This Scope of Services is anticipated as necessary to meet City's objectives as described under Section 11, BACKGROUND AND PROJECT, and Section Ill, DESCRIPTION OF SERVICES of this document. Consultant and City agree that this Scope of Services incorporates Consultant's professional qualifications and experience and will meet the City's objectives.

II. BACKGROUND AND PROJECT
The City of Santa Clara's Central Park was constructed in the 1960's and has been maintained over the years. As the City continue to grow in population and provide essential park and recreation services to the local community, the City Council adopted a goal to enhance community sports and recreational assets. In an effort to improve the Central Park, the Central Park Master Plan was created in October 2019 to address issues such as how the City should:
• Repurpose the existing 3-acre site of the International Swim Center • Maximize green space within the Park
• Improve access, circulation, and parking
• Design or include new park facilities and recreation elements that serve all ages, abilities and interests
• Use guiding principles as a mutually supportive lens, to be implemented together
Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 1
One of the capital improvement projects identified in Year 1-5 is the Central Park New Entrance, Access, and Parking Improvements (PROJECT). The PROJECT consists of installation of a new, safe and accessible entrance to Central Park near the Magical Bridge Playground (currently in design stage) and the Veteran's Memorial at the corner of Kaiser Dr. and Kiely Blvd. The new entrance includes landscaping, new traffic signal, approximately 39 new parking spaces, accessible path for users, connections to all existing park walkways.

The PROJECT will be completed in two distinct phases. The first phase of the PROJECT is covered by this Agreement and includes the following scope of work:
site assessment; ADA evaluation; community outreach; obtain a recommendation for approval from the Parks & Recreation Commission and City Council. After City Council has approved the schematic plan, the City will coordinate with the Consultant to amend this Agreement to include the second phase of the PROJECT. The second phase scope of work includes develop selected schematic plan into bid documents (plans, specifications, and engineer's estimate - PS&E) for public works bidding; provide assistance in obtaining Building and Fire permits; and provide engineering support services during bid and award, construction, and post-construction phases.

Ill. DESCRIPTION OF SERVICES
All design work shall be done in accordance with the Department of Transportation Standard Specifications and Details, City Standard Plans and Specifications, ADA Design Guidelines, latest building and fire codes, and other applicable codes and standards recommended by the Consultant. Below is an outline of required services; however, it is the responsibility of the consultant to independently assess the PROJECT and provide improvement recommendations to meet the goals for this PROJECT.

Phase I of the PROJECT:
1 . Perform site assessment.

2. Evaluate ADA pedestrian pathway.

3. Perform robust community outreach (surveys, meetings, consensus building etc.), to develop Site Schematic Plan.

4. Obtain a recommendation for approval from the PRC and subsequent approval from CC.

Consultant shall provide the Services described herein through a project team, comprised of Consultant and sub-consultants identified as follows:

1. Consultant: NUVIS LANDSCAPE ARCHITECTURE, INC.

2. Sub-consultants to NUVIS LANDSCAPE ARCHITECTURE, INC.:

Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 2
A. Ruggeri Jensen Azar - Surveying, Civil Engineering, and Traffic Engineering
B. ENGEO - Geotechnical Engineering
C. CD Design Group - Electrical Engineering
D. Hortscience/Bartlett Consulting - Arborist
E. Activewayz Engineering - Independent Review
F. Land Design Group - Landscape Review
Any changes to the project team through the course of the Services shall be approved in writing by City.

IV. RESPONSIBILITIES OF CITY
CITY will provide the following information and support for the project as-available and applicable:

A. Record drawings (as-available)
B. CITY's Standard Details, Specifications, Benchmark, and Design Criteria.

C. Storm Drain (SD), Sanitary Sewer (SS), Electric, Fiber, Water and Recycled Water Block Book Maps (as-available).

D. Geographic Information System (GIS) data including land parcels, street centerlines, City sanitary sewers, City storm drains, and aerial photographic tiles
E. Payment of permit application fees with other internal departments, if required.

F. Filing exemption under the California Environmental Quality Act, if applicable.

Besides the above, the City will work closely with the consultant to provide any other data or records, as available and necessary for the work involved.

V. BASIC SCOPE OF SERVICES

PROJECT MANAGEMENT
CONSULTANT shall:

1.2 Any field work that involves subsurface excavation and/or coring, consultant is required to submit plan of work to the City for review and approval prior to proceeding.

Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 3

1.3.1 Kick-off Meeting

1.3.2 Preliminary/Evaluation Meeting

1.3.3 Community meeting

1.3.4 Parks and Recreation Commission Meeting

1.3.5 City Council Meeting

1.5 Prepare, monitor, and update progress schedule in MS Project format beginning at the kickoff meeting and ending at contract award for the last submittal package.

Schedule shall show significant milestones for the project. CONSUL TANT shall notify CITY if there are delays or potential delays in any phase of the project. In such cases, CONSUL TANT shall make up the schedule in subsequent phases of the project or provide information to CITY substantiating a request for time extension (which may not be approved). The schedule shall be maintained at all times and shall be updated each time progress and milestones are achieved and/or changed.

1.6 Meetings: Meetings shall be budgeted for and invoiced under each respective Task or activity requiring a meeting and not as project management. Preparation for meetings shall be considered as included in the Task or activity for which the meeting is involved. A kick-off meeting shall be conducted with designated CITY staff prior to beginning work to review anticipated Tasks and schedule, review available information and needs, and address any outstanding questions regarding the project moving forward raised by CITY or CONSULTANT. During the course of Services while there is active work on the PROJECT, CONSUL TANT shall schedule and attend brief bi-weekly (every other week) conference calls with CITY.

The purpose of the bi-weekly conference calls will be to keep CITY appraised on the PROJECT's progress and address any issues that may arise during the course of Services.

1.7 Provide monthly progress reports.

1.8 Stakeholder Coordination: CONSUL TANT shall coordinate with project stakeholders as needed to inform each stakeholder of the project work and incorporate any necessary accommodations into the final submittal documents.

1.9 Provide Review/Plan Check Log (Response Matrix) summarizing comments received from various City Departments/Divisions and agencies. Response Matrix Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 4
shall include, but not be limited to, commenting department/division or agency, comments, response to comments, action items, and person responsible for follow up. Consultant shall be responsible for resolving comments from each commenter and shall identify to City any comments that cannot be resolved to have final discussion and resolution. Submit Response Matrix in electronic format with each route of plan check submittal.

1.10 Conduct QC reviews in accordance with its QA Program guidelines.

CONSULTANT shall provide a copy of its QA Program guidelines and shall provide a QC report at the end of each Task. Time spent for QA-QC reviews for specific deliverables shall be budgeted and billed under each respective task requiring QAQC review and not as Project Management.

Additionally, addressing administrative issues regarding the professional Services agreement, such as preparing additional Services requests or budget modifications, shall also be considered as included in the overhead of the CONSULTANT's basic hourly rates and shall not be billed.

1.12 Payment for all responsibilities related to Project Management shall be included in the various tasks identified in Exhibit B, Schedule of Fees.

Deliverables:

1. Progress schedules in MS Project format (submitted electronically as an 11" x 17" pdf file and in native MS Project format).

2. QA Program guidelines and QC reports for each Task (in pdf file).

3. Meeting agendas, preparation materials, and meeting minutes for each project meeting (in pdf file).

4. Monthly progress reports and invoices (in pdf file).

Phase I
Task 1.0: Preliminary Engineering/Evaluation

1.1 Attend Project Kick-Off Meeting.

1.3 Provide draft community and stakeholder engagement strategies.

Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 5

1.4 Meet with City staff to obtain additional information and input as needed. Provide all necessary design services, including but not limited to landscape, civil, structural, and electrical design.

1.5 Perform geotechnical investigation and provide report.

CONSULTANT shall anticipate testing of existing soil that will be excavated to facilitate the installation of new infrastructures. Based on the soil test results, CONSUL TANT shall identify the appropriate disposal facility for soil off haul.

Optional Task 1A, Soil Management Plan - In the event that impacted soils are reported onsite, CONSUL TANT shall prepare a Soil Management Plan to guide contractors on safe handling and disposal requirements. Prior to performing work, CONSUL TANT shall provide a work plan to the City for review and approval. No work shall be performed unless authorized by the City.

Optional Task 1 B, Impact Soil Delineation - In the event that impacted soils are discovered during soil sampling, the City may choose to perform additional soil sampling to limit the extent of Class I or Class II soils for disposal. This scope is projected as results from one sampling event may indicate additional step out sampling is required. For that purpose, the work will start from one step-out sampling event with 4 samples, to a maximum of 24 step out samples. Prior to performing work, CONSUL TANT shall provide a work plan to the City for review and approval. No work shall be performed unless authorized by the City.

Optional Task 1 C, Concrete/Asphalt Coring - In the event that proposed geotechnical and/or environmental sample locations are paved over, and no nearby unpaved locations exist where we may obtain soil samples, CONSUL TANT shall retain a coring subcontractor to remove pavement in proposed boring locations. If multiple sample rounds are required as noted in Optional Task 1 B, this may be required for each iteration of sampling. Prior to performing work, CONSUL TANT shall provide a work plan to the City for review and approval. No work shall be performed unless authorized by the City.

1.6 Work with City staff and community to develop schematic plan(s).

1.7 Perform needed topographic survey for existing site, plans layout, and final approved improvements (from the evaluation/recommendation) for use as base layout for the schematic plans.

Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 6

1. Recent similar Projects bided in the Bay Area, especially in the South Bay.

2. Current economic trend.

3. When the Project will be bided.

4. When construction will occur.

5. The risks that contractors need to consider for the Project.

1.9 Develop project schedule. Schedule shall include all needed times to complete all tasks, including City's review times, permitting process, and construction period.

1.10 Meet with City staff to review City comments on schematic design, and gain concurrence as to how the documents will be revised as appropriate to incorporate City comments.

1.12 CONSULT ANT shall prepare an Arborist Tree Inventory and Report. The report will be prepared for approximately 40 trees potentially impacted by the current project improvements. Scope of services will include identification of species and trunk diameter; identification tagging; visually evaluate health and structural condition; identify protect trees per City of Santa Clara's tree preservation ordinance; rate tree suitability for preservation; evaluate impacts of proposed improvements on trees; prepare a Tree Assessment Map; and prepare Tree Preservation Guidelines.

1.13 Conduct Traffic Volume Data Collection. Traffic counts will be conducted at the following intersection:

1. Kiely Blvd/Kaiser Drive

2. Kiely Blvd/Current Park Driveway Entrance.

The counts will be performed between 7:00 - 9:00 AM and 4:00 - 6:00 PM and will include cars (lights), trucks/buses (heavies), pedestrians, and bicyclists. The counts will be collected during two weekdays (Tuesday & Wednesday or Wednesday & Thursday). Additionally, weekend counts will also be collected on Saturday or Sunday (whichever day is desired by the City), from 10 AM to 6 PM.

From these counts, the peak one-hour AM and PM peak hour volumes will be identified. The peak hour volumes will then be used to determine signal phasing (i.e. protected left turn phasing, split vs. permissive, etc.), as well as turn lane storage.

1.14 CITY maintains a list of known utility operators in CITY. CONSUL TANT shall prepare a Notice of Intent to Construct (NOi) on CITY's standard NOi form and submit it to the known utility operators in order to gather records for existing utilities.

Location map exhibits will be required to be submitted as part of the NOi.

Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 7
CONSUL TANT shall provide CITY a draft of the NOi prior to sending it to the utility, maintain log of all NOi sent and received, and provide CITY all information received from the NOi. The purpose of the collection of utility information is to identify ownership of surface features that will be impacted by the work, and also to identify if there are any high-risk utilities within the project limits that may be impacted by the work.

Task 1 Deliverables - Electronic and hard copy format:

1. Geotechnical Soil report- One (1) PDF

2. Arborist Tree Inventory and Report

3. Traffic Volume Data Collection

4. Aerial and Topographic Ground Survey

5. Notice of Intent form(s)

6. Draft schematic plans: One (1) PDF and one (1) AutoCAD file.

7. Project schedule - One (1) PDF and one (1) Microsoft Project file.

8. Preliminary budget estimate - One (1) PDF and one (1) Microsoft Excel file.

9. Miscellaneous project information (as requested).

10. Meeting minutes - one (1) PDF and one (1) Microsoft Word file.

Task 2.0: Community Outreach
Consultant shall work closely with City staff to develop meeting strategy and format to engage the community.

2.1 Develop presentation materials, exhibits, design alternatives, and questionnaires for public workshops/meetings.

2.2 Plan, coordinate, schedule, attend workshops/meetings, and produce meeting minutes. Plan for two (2) workshops/meetings.

2.3 Based on community's input, refine and develop final schematic plans.

2.4 Produce meeting minutes with action items.

Task 2 Deliverables - Electronic and hard copy format:

1. Exhibits, alternative, & questionnaires - PDFs and hard copies as needed.

2. Schematic plans: One (1) PDF and one (1) AutoCAD file

3. Miscellaneous Project information (as requested).

4. Meeting minutes - one (1) PDF and one (1) Microsoft Word file.

Task 3.0: PRC & CC Meetings
Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 8
Consultant shall assist City staff to present the Project to Parks & Recreation Commission and City Council.

3.1 Prepare PowerPoint presentation using City template, including plans and alternatives, for Parks & Recreation Commission meetings. Plan for One (1) PRC meeting.

3.2 Prepare PowerPoint presentation, including plans and alternatives, for City Council Meetings. Plan for one (1) meeting.

3.3 Produce meeting minutes with action items.

3.4 Provide CEQA determination and assist in filing paperwork. CONSUL TANT will confer with City planning to receive CEQA exemption determination.

Task 3 Deliverables - Electronic and hard copy format:

1. Presentation materials, exhibits, & alternative - PDFs and MS PowerPoint file.

2. Revised final schematic plans: One (1) PDF and one (1) AutoCAD file.

3. Miscellaneous Project information (as requested).

4. Meeting minutes - one (1) PDF and one (1) Microsoft Word file Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 9

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
NUVIS LANDSCAPE ARCHITECTURE, INC.

FOR

CENTRAL PARK NEW ENTRANCE, ACCESS, AND PARKING IMPROVEMENTS

PROJECT
I. GENERAL PAYMENT

EXHIBIT B

SCHEDULE OF FEES
The total payment to the Consultant for Basic Services, as stated in Exhibit A, shall not exceed $128,961. The amount billed to City for pre-approved Additional Services shall not exceed the sum of $19,344. In no event shall the amount billed to City by Consultant for Services under this Agreement exceed $148,305, subject to budget appropriations.

The invoice shall also show the total to be paid for the invoice period. City will pay Consultant within thirty (30) days of City's receipt of an approved invoice.

11. BASIC SERVICES
The total payment to Consultant for all work necessary for performing all Tasks, as stated in Exhibit A, shall be in proportion to Services rendered and on a Timeand-Material not-to-exceed basis.

The Consultant fee allocated to each Task, as shown below, shall be the Consultant's full compensation for all the Consultant Services required for the Project and by this Agreement, as directed by the City, and no additional compensation shall be allowed. The total amount of all the Tasks is a not-toexceed amount.

The amount for each Task and the total amount of all the Tasks are as listed below:

Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 10
Description of work and task Cost for Basic
Services
Task No. 1 - Preliminary Engineering and Evaluation $89,687 Task No. 2 - Community Outreach Meetings $7,795
Task No. 3 - Parks and Recreation Commission and City $16,479 Council's Approval
Optional Task 1A- Soil Management Plan $4,000
Optional Task 1 B - Impacted Soil Delineation $8,000
Optional Task 1 C - Concrete/Asphalt Coring $3,000
TOTAL COST $128,961
In no event shall the amount billed to City by Consultant for BASIC SERVICES under this Agreement exceed one hundred twenty-eight thousand nine hundred sixty-one ($128,961).

Ill. REIMBURSABLE EXPENSES
There are no reimbursable expenses.

V. RA TE SCHEDULE
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.

The pay rates for the project by classification are listed below:

Primary Consultant - NUVIS LANDSCAPE ARCHITECTURE, INC.:

Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 11
HOURLY RATES:

Professional services (including portal to portal domestic travel time) performed on an hourly basis will be billed at the following personnel rates.

85.00/hour
Direct Project Expenses (OPE) shall be billed to the CLIENT in addition to fees for professional scope of services at the multiplier of 1.15% of actual cost. They include, but may not be limited to, production 'materials' or expenditures on behalf of the project, including: computer related expenses (ie: plotting and digital transfer items); domestic courier delivery service and postage/ shipping/ overnight delivery; facsimile (outgoing); photography and related supplies; applicable travel expenses (including mileage at the current IRS rate); in-house printing/reproduction; special insurance coverage; and subconsultants not retained by the CLIENT.

Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 12
Subconsultant Billing Rates:

RJA

HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES
Classification ~
Senior Project Manager ....................................................................................................................... $240.00 Project Manager .................................................................................................................................... 224.00 Senior: Engineer. Surveyor. Planner ..................................................................................................... 213.00 Associate: Engineer, Surveyor, Planner ................................................................................................ 198.00 Engineer, Surveyor, Planner .................................................................................................................. 183.00 Assistant: Engineer. Surveyor, Planner ................................................................................................. 160.00 Senior Designer/Technician .................................................................................................................. 164.00 Teclmician ............................................................................................................................................. 142.00 Assistant Technician ............................................................................................................................. 122.00 Project Coordinator ............................................................................................................................... 112.00 Administrative Assistant ......................................................................................................................... 95.00 Clerical ................................................................................................................................................... 72.00 Field Survey Manager ........................................................................................................................... 197.00 I-Person Survey Crew ........................................................................................................................... 180.00 2-Person Survey Crew ........................................................................................................................... 283.00 3-Person Survey Crew ........................................................................................................................... 340.00 Principal ................................................................................................................................................ 250.00 Deposition/Court Appearance ........................................................................ rates are available upon request

EXPENSE SCHEDULE
Bond Copy (24"x36") ................................................................................................................... $1.50 each Color/mylar plot (small, medium) ................................................................................................. $10.00 each Color/mylar plot (large) ................................................................................................................ $50.00 each Xerox copy ...................................................................................................................................... $0.15 each Color xerox copy (81/1 x 11 or l l x 17) ........................................................................................... $0.50 each Client-Requested Overtime .......................................................................................... Hourly Rate plus 25% All other expenses, including:

Delivery Service
Outside Reproduction
lVIileage - Auto
Outside Consultants
Actual Cost plus 15%
Travel & Expenses
Filing or Pennit Fees
Conference Call Expenses
Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 13
CD Design Group
Services to be at our standard hourly rates or at a mutually agreed upon fixed amount.

Our standard hourly rates are as follows:

ENGEO
Sr. Principal, Principal
CAD Design/Draft
Administrative
$95.00/hr
$65.00/hr
$45.00/hr
President ................................................................................... ~ ................................................. $410.00 per hour Principal ....................................................................................................................................... $315.00 per hour Associate ..................................................................................................................................... $265.00 per hour Senior Engineer/Geologist/Seismologist/Project Manager ........................................................ $230.00 per hour Project Engineer/Geologist/Seismologist/Manager .................................................................... $208.00 per hour Environmental Scientist. .............................................................................................................. $190.00 per hour Staff Engineer/Geologist/Seismologist ....................................................................................... $188.00 per hour Assistant Engineer ...................................................................................................................... $145.00 per hour Construction Services Manager .................................................................................................. $180.00 per hour* Senior Field Representative 11 ..................................................................................................... $160.00 per hour*/** Senior Field Representative 1 ...................................................................................................... $144.00 per hour*/** Field Representative ................................................................................................................... $133.00 per hour*/** Environmental Technician ........................................................................................................... $133.00 per hour*/** Senior Laboratory Technician ..................................................................................................... $160.00 per hour Laboratory Technician ................................................................................................................. $145.00 per hour Senior CAD Specialist. ................................................................................................................ $160.00 per hour Senior GIS Analyst ...................................................................................................................... $170.00 per hour GIS Analyst. ................................................................................................................................. $163.00 per hour CAD Specialist ............................................................................................................................ $145.00 per hour Network Administrator ................................................................................................................. $205.00 per hour Project Assistant.. ........................................................................................................................ $123.00 per hour Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 14
Land Design Group Landscape Architects

FEE SCHEDULE
(2021)
Senior Principal
Principal
Senior Associate
Associate
LCAD

LCAD II
Administration Time
Activewayz Engineering
Classification
ACTIVEW AYZ ENGINEERING (2021)
Project Manager
Project Engineer
Design Engineer
Engineering Technician
Project Coordinator
Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21
$ 170.00/Hr.
$ 150.00/Hr.
$ 118.00/Hr.
$ 110.00/Hr.
$ 95.00/Hr.
$ 85.00/Hr.
$ 70.00/Hr.

Billing Rate
$198/hr
$168/hr
$124/hr
$60/hr
$60/hr

Page 15 ends

HortScience I Bartlett Consulting
Managing Consultants
Consultants
Arborist
CAD/GIS Specialist
Administrative Assistant
$220.00
$180.00
$150.00
$150.00
$70.00
Design Professional Agreement with NUVIS /Exhibit A-Scopes of Services Rev. 04-12-21 Page 16

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANT A CLARA, CALIFORNIA,
AND
NUVIS LANDSCAPE ARCHITECTURE, INC.

FOR

CENTRAL PARK NEW ENTRANCE, ACCESS, AND PARKING IMPROVEMENTS

PROJECT

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twentyfour (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor's insurance. The minimum coverages, provisions and endorsements are as follows:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office (ISO) form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

Page 1 ends

b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or ISO endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.

C. WORKERS' COMPENSATION

1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

Page 2 ends

acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.

E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using ISO Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.

3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of nonrenewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation.

In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.

Page 3 ends

Exhibit C, above.

F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.

H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City's request, Contractor Design Professional Agreement with NUVIS /Exhibit C-lnsurance Requirements Rev. 09-28-18

Page 4 ends

shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:

EBIX Inc.

City of Santa Clara - Public Works Department
P.O. Box 100085 - S2 or 1 Ebix Way
Duluth, GA 30096 John's Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

Design Professional Agreement with NUVIS /Exhibit C-lnsurance Requirements Rev. 09-28-18

Page 5 ends

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
NUVIS LANDSCAPE ARCHITECTURE, INC.

FOR

CENTRAL PARK NEW ENTRANCE, ACCESS, AND PARKING IMPROVEMENTS

PROJECT

EXHIBIT D

LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements. If applicable to the Services, Consultant or its subconsultant(s), as applicable, shall comply with the following requirements.

A. Prevailing Wage Requirements

1. Consultant shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk's office, which shall be available to any interested party upon request. Consultant is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, consultants are reminded of the need for compliance with Labor Code Section 177 4-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811- 1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Consultants and subconsultants are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .

Design Professional Agreement with NUVIS /Exhibit D-lnsurance Requirements Rev. 09-28-18

Page 1 ends

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Consultant agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subconsultants) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to City, Consultant and all subconsultants shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No consultant or subconsultant may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)].

8. No consultant or subconsultant may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Consultants MUST be a registered "public works consultant" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All consultants/subconsultants and related construction Services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works consultant". Those you fail to register and maintain their status as a public works consultant shall not be permitted to perform work on the project.

10. Should any consultant or subconsultants not be a registered public works consultant and perform work on the project, Consultant agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.

Design Professional Agreement with NUVIS /Exhibit D-lnsurance Requirements Rev. 09-28-18

Page 2 ends

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Consultant's address indicated for receipt of notices in this Agreement.

C. Enforcement

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Consultant until Consultant has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Consultant until all required documentation is submitted. Any payment by the City despite Consultant's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

City or the California Department of Industrial Relations may impose penalties upon consultants and subconsultants for failure to comply with prevailing wage requirements.

Design Professional Agreement with NUVIS /Exhibit D-lnsurance Requirements Rev. 09-28-18

Page 3 ends

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
NUVIS LANDSCAPE ARCHITECTURE, INC.

FOR

CENTRAL PARK NEW ENTRANCE, ACCESS, AND PARKING IMPROVEMENTS

PROJECT

EXHIBIT E

MILESTONE SCHEDULE
Phase I
Preliminary Engineering/Evaluation
Community Outreach Package
Parks and Recreation Commission & City Council Meeting
Duration
7 weeks
5 weeks
5 weeks
Design Professional Agreement with NUVIS LANDSCAPE ARCHITECTURE, INC./Exhibit E - Milestone Schedule Page 1
Rev. 04-12-21

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
NUVIS LANDSCAPE ARCHITECTURE, INC.

FOR

CENTRAL PARK NEW ENTRANCE, ACCESS, AND PARKING IMPROVEMENTS

PROJECT

EXHIBIT F

PROJECT MANAGEMENT DOCUMENTATION SOFTWARE

1.0 GENERAL
This section is intended to describe the use of e-Builder Enterprise™ (e-Builder) a web-base project management software, as the median for project documentation and reporting. All costs associated with the use of the software is inclusive of the Project Exhibit B - Schedule of Fees.

2.0 a-BUILDER PROJECT MANAGEMENT SOFTWARE PROGRAM
The City of Santa Clara is currently using e-Builder Project Management for all related project management tasks. Consultant is required to comply with all requirements specified in this Exhibit F - PROJECT MANAGEMENT DOCUMENTATON SOFTWARE.

3.0 REQUIREMENTS
A. General Requirements:

1. Consultant and Subconsultants shall provide at a minimum, the following to its staff:
a) Computer: Minimum Intel Pentium® 4 Processor 2.4 GHz or equivalent processor with 512MB of RAM; recommended Centrino Duo® Processors 1.6 GHz or equivalent with 2GB of RAM, or higher; b) Computer Operation System: Windows XP or later and OS X v10.8 or later;
c) Web Browser: Microsoft Internet Explorer 11.0 or later, Google Chrome v29.0.1 or later, Mozilla Firefox v3p.0.1 or later, Safari v6.0.4 or later, Safari for iOS mobile v6.1 or later. Other browsers such as Microsoft Edge, Google Chrome for iOS, and Google Chrome for Android are available on e-Builder; however, but some features Design Professional Agreement with NUVIS LANDSCAPE ARCHITECTURE, INC./Exhibit F- Project Management Documentation Software

Page 1 ends

B.
might not work as expected;
d) Work and Spreadsheet Processors: Microsoft Office Word, Excel and Outlook;
e) Scheduling Software: Microsoft Project or Primavera; f) Internet Service Provider: A reliable ISP in the area of the Project; g) Connection Speed/Minimum Bandwidth: DSL, ADSL or T1 Line for transferring a minimum of 3 Mbps Downstream and 512 Kbps Upstream.

2. Consultant and Subconsultants shall provide its management personnel assigned to this Project with access to personal computers and the Internet on a daily basis
Project Web Requirements:

1. This project utilizes a web-based project management tool, e-Builder. This web-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information.

2. Consultant and Subconsultants shall conduct Project controls, outlined by the City, utilizing e-Builder. This designated web-based application will be provided by the City at no costs to the Consultant and the Subconsultants.

No additional software will be required. Furthermore, the City Project Manager will assist Consultant in providing training of Subconsultant's personnel.

3. Consultant and Subconsultants shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include, but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, NonConformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Construction Change Directives, Potential Change Orders, Change Order Requests, Change Orders, etc. All supporting data including, but not limited to, shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests, Submittals, etc. and the like will be submitted in digital format via e-Builder.

Design Professional Agreement with NUVIS LANDSCAPE ARCHITECTURE, INC./Exhibit F- Project Management Documentation Software

Page 2 ends

C. Electronic File Requirements:

1. In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents, the Consultant and Subconsultants shall also submit all closeout documents including all "As-Built Drawings", catalog cuts, and Owner's Operation and Maintenance manuals in digital format. All documents (including as-built drawings) shall be converted or scanned into the Portable Document Format (PDF) file and uploaded to eBuilder.

4.0 IMPLEMENTATION REQUIREMENTS
A.

F.
e-Builder is a comprehensive Project and Program Management system that will be implemented for managing documents, communications, and costs between the Contractor, Sub-contractors, Consultant, Subconsultants, and Owner. e-Builder includes extensive reporting capabilities to facilitate detailed.

Project reporting in a web-based environment that is accessible to all parties and easy to use.

Central Document Vault: e-Builder system includes a central database that maintains all project information and manages project communications amongst team members.

Communication/Correspondence: e-Builder provides electronic routable communication forms that provide historical tracking, documentation, and increased accountability of project members.

Project Calendars: Meetings will be scheduled and maintained centrally on e-Builder by the City.

Reporting: All of the project and program data including documents, communications, and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility.

Design Professional Agreement with NUVIS LANDSCAPE ARCHITECTURE, INC./Exhibit F- Project Management Documentation Software

Page 3 ends

Real time, updated
s<hedule lnforn1c\tloo
Automated commtinicaticins
(e.g., e-ma/1 notifications of changes
In Iche<Jufe, documents, worl<flow)
Program Management
Schedules
Cost
Workfll)w (trnnsmlttal$, submltt~ls,
f1Fls,chooge orders)
Real time, updated
rnst/budge1 1oformatlon
Au1oma1ed notificarions
of project changes (schedule,
workf/ow, cost, mifestoril!s, other)
Executives
Consultants, Architects,
Engineers, Contrac:tors Facilities Management

5.0 LICENSING REQUIREMENT
A. User Licenses: Each user license is for access to the site consisting of unlimited data storage. Users can be direct employees of the Consultant as well as its Subconsultants and/or Suppliers.

B. Each user license includes full access to e-Builder, including all of the documents and reports mentioned above. Furthermore, each user license provides thee-Builder software as a service (SaS) including:

1. All hosting, operation, maintenance, and data backup of the eBuilder software and documents which are maintained in state-ofthe-art data centers located throughout the United States.

2. Quarterly e-Builder software enhancements.

3. Unlimited phone, email, and web-based support 24-hours.

Design Professional Agreement with NUVIS LANDSCAPE ARCHITECTURE, INC./Exhibit F- Project Management Documentation Software

Page 4 ends

C. e-Builder user licenses shall be obtained by the City, Owner Manager, and QA/QC Agencies for which the Design Consultant is not responsible.

Design Professional Agreement with NUVIS LANDSCAPE ARCHITECTURE, INC./Exhibit F- Project Management Documentation Software

Page 5 ends

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1071 Agenda Date: 9/27/2022

REPORT TO COUNCIL

SUBJECT
Action on Amendment No. 5 to the Agreement for Professional Services with Perkins + Will for the Tasman East Specific Plan

COUNCIL PILLAR
Promote and Enhance Economic, Housing, and Transportation Development

BACKGROUND
In 2016, the City conducted a competitive Request for Proposals (RFP) for professional services to assist City staff with preparation of a Specific Plan and an associated Environmental Impact Report (EIR) for the Tasman East Focus Area. Through this process, Perkins + Will was selected and awarded an agreement with a completion date of September 30, 2017. (See attached Attachment #2 for Executed Original Agreement and Agenda Report.)
Since 2016 the agreement has been amended three times to address changes in the project scope and to allow for the continued delivery of services beyond the original agreement timeframe (Attachments #3, #4 and #5). The agreement was most recently amended in July 2021 so that Perkins + Will could assist the City in the preparation of an amendment to the Specific Plan to add residential capacity for up to 1,500 additional units in the Tasman East area, along with preparation of the associated environmental clearance. The amendment to the Specific Plan was undertaken by the City because the City had received permit applications for nearly all of the 4,500 units provided for in the adopted Specific Plan while additional land area within Tasman East remains available for development. This Amendment was funded through the State’s Planning Grants program with a budget of $310,000. (See Attachment #6 for the Executed Amendment No. 4 and Report to Council.)

DISCUSSION
Staff is proposing approval of Amendment No. 5 to the agreement with Perkins + Will to extend the contract timeline to December 2023. This additional time is needed to complete the Specific Plan amendment and environmental clearance due to the workload capacity of both staff and the consultant. The proposed timeline will align with the State grant funding for the project which currently requires completion of the Specific Plan in August 2023. Staff anticipates that some billing and close-out activities will extend beyond the completion of the Specific Plan amendment and thus is proposing the December 2023 deadline.

ENVIRONMENTAL REVIEW
The Tasman East Specific Plan was analyzed under an EIR adopted and certified by the City Council on November 13, 2018. An addendum to the Environmental Impact Report that provided additional analysis related to the Calle del Sol paseo was prepared in conjunction with Amendment No. 3, which was adopted by the Council on November 17, 2020. A Subsequent Environmental Impact Report City of Santa Clara Page 1 of 2 Printed on 9/22/2022
powered by Legistar™
22-1071 Agenda Date: 9/27/2022
(SEIR) that details the changes to the environment based on the expanded scope will be prepared in accordance with the scope of work proposed under this Agreement as Amended.

FISCAL IMPACT
The project is being funded through the State’s Planning Grants program. There is no fiscal impact for this Amendment No. 5 as it only extends the term of the consultant agreement.

COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.

RECOMMENDATION
Authorize the City Manager to execute Amendment No. 5 to the Agreement with Perkins + Will for professional services to prepare the Amendment to the Tasman East Specific Plan to allow up to 1,500 additional units in the Tasman East area, along with preparation of the associated environmental clearance, by extending the term of the agreement through December 2023.

Reviewed by: Andrew Crabtree, Director, Community Development Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Amendment No. 5 with Perkins + Will

2. Original Executed Agreement and Agenda Item #13.B

3. Amendment No. 1 and Agenda Item #13.B6

4. Amendment No. 2 and RTC 19-1515

5. Amendment No. 3 and RTC 19-736

6. Amendment No. 4 and RTC 21-757
City of Santa Clara Page 2 of 2 Printed on 9/22/2022
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Ebix Insurance No. S00003424
AMENDMENT NO. 5

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
PERKINS + WILL, INC.

PREAMBLE
This agreement ("Amendment No. 5") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Perkins+ Will, Inc., a Delaware corporation (Consultant). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Professional Services by and between the City of Santa Clara, California, and Perkins+ Will, Inc.", dated April 29, 2016 (Agreement); B. The Agreement was previously amended by Amendment No. 1 dated October 27, 2017, Amendment No. 2 dated February 4, 2019, Amendment No. 3 dated August 27, 2019, and Amendment No. 4 dated August 24, 2021, and is again amended by this Amendment No. 5. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor prepare the Tasman East Specific Plan, and the Parties now wish to amend the Agreement as Amended to extend the termination date.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 5 of the Agreement as Amended, entitled "Term of Agreement" is amended to read as follows:
"Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of the Agreement shall begin on the Effective Date of this Agreement and terminate on December 30, 2023."

2. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of Amendment No. 5 to AgreemenUPerkins + Will, Inc. TESP S82 Rev. 10/25/19

Page 1 ends

the Agreement as Amended and this Amendment No. 5, the provisions of this Amendment No. 5 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 5 as evidenced by the following signatures of their duly authorized representatives.

Approved as to Form:

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated:

Office of the City Attorney
City of Santa Clara
Rajeev Batra
City Manager
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: ( 408) 615-2210
Fax: (408) 241-6771
PERKINS + WILL, INC
a Delaware Corporation
Dated: 13 September 2022
IMfii~
By (Signature): ~ #{' = ·===~------------
Name: Geeti Silwal
Title: Principal-in-Charge
Principal Place of 2Bryant Street, Suite 300
Business Address: San Francisco, CA 94107
Email Address: [email protected]
Telephone: (415) 856-3000
Fax: (415) 856-3001
"CONSUL TANT"
Amendment No. No. 5 to AgreemenUPerkins + Will, Inc. TESP SB2 Rev. 10/25/2019

Page 2 ends

City of
Santa Clara
The Center of What's Possible
Date: April 19, 2016
To: City Manager for Council Action
From: Acting Director of Planning and Inspection
AGENDA ITEM#: ~\_3_ 0 __

AGENDA REPORT
Subject: Professional Services Agreement with Perkins + Will, Inc. to Prepare the Tasman East Focus Area Plan and Environmental Impact Report (EIR)

EXECUTIVE SUMMARY
Development of the Tasman East Focus Area Plan is one of the Council's current Strategic Objectives towards the goal of promoting economic and housing development. A prerequisite for implementing the 2015-2023 Phase II land use designations of the General Plan requires development of a plan for the Tasman East Focus Area, an older industrial area slated for residential redevelopment. The Tasman East Focus Area is located to the northeast of Levi's Stadium, generally bounded by Tasman Drive, Lafayette Street, the Guadalupe River, and the Santa Clara Municipal Golf Course. The Tasman East Focus Area has a number of locational advantages: proximity of the area to both light and heavy rail, the City Place project, Levi's Stadium and the surrounding employment area. In addition, the building stock in the plan area, consisting largely of one-story concrete tilt-ups, is starting to reach obsolescence, and is ripe for redevelopment.

The proposed agreement with Perkins+ Will, Inc. will provide for the preparation of the comprehensive plan for adoption along with the associated Environmental Impact Report (EIR), which is currently anticipated for completion by June, 2017, at a cost not exceeding $759,425.00.

The City of Santa Clara conducted a competitive Request for Proposals (RFP) process to select a consultant firm. A total of nine firms responded to the RFP process. The recommended firm, Perkins+ Will, Inc. is a global architecture and planning firm, based locally in San Francisco. They demonstrated a strong understanding of the City's need for an Area Plan that will both help create a vision for one of the densest residential neighborhoods in the City, and that will equitably divide responsibilities for parkland and infrastructure among multiple property owners who could have differing timelines for development.

The City's objective is to create a Focus Area Plan that helps to streamline entitlements for individual projects by helping to ensure certainty in the development review process. Design guidelines that give developers clear direction for form, massing, and relationship to the publfc realm will be one of the plan elements to help ensure development certainty.

As part of the Focus Area planning process, the environmental impacts of redeveloping 45 acres of existing industrial land will be analyzed at a project level. The resulting environmental document can be used by developers for environmental clearance of their individual development proposals, which will further facilitate redevelopment of the area.

Subject: Ag reement with Perkins + Will

Page 2 ends

ADVANTAGES AND DISADVANTAGES OF ISSUE
The policies, guidelines, and illustrations in the comprehensive plan will provide policy guidance for development in the Tasman East focus area, which will in turn help articulate and enhance the City's identity. The plan will facilitate the redevelopment of this area. No disadvantages have been identified.

ECONOMIC/FISCAL IMPACT
The total of this Perkins + Will, Inc. agreement is not to exceed $759,425.00. Prior to the execution of this agreement, it was estimated the overall funds needed would be $750,000.00.

The $750,000.00 is currently available in the Tasman East Focus Area Plan Project 539-5523- 6544. To cover the $9,425.00 balance of the Perkins+ Will, Inc. agreement, an amount of $10,000.00 is requested to be transferred from the General Plan Update Capital Improvement Project (CIP) to the Tasman East Focus Area Plan Project.

An estimated cost of $10,000.00 for document printing and distribution also needs to be budgeted. An additional $10,000.00 is requested to be transferred from the General Plan Update Capital Improvement Project (CIP) to the Tasman East Focus Area Plan Project to cover this cost.

Therefore, a combined $20,000.00 is requested to be transferred to the Tasman East Focus Area Plan Project. This results in a total budget of $770,000.00, covering the Perkins + Will agreement amount not to exceed $759,425.00 and the $10,000.00 document printing and distribution cost.

Because private entities have expressed interest in processing planning entitlements for their project sites as a result of the Focus Area plan and EIR, staff anticipates entering into reimbursement agreements with each of those stakeholders once individual development applications are filed. The reimbursement agreement would require private entities to reimburse the City's cost of the preparation of the Focus Area plan and EIR for the plan area. This arrangement would likely result in substantial savings for developers compared to preparing individual General Plan Amendments and environmental documents for each project within the plan area. ·
II
II
II
Subject: Agreement with Perkins + Will

Page 3 ends

RECOMMENDATION
That the Council:

1. Approve a transfer of $20,000.00 of appropriations from the General Plan Update CIP Project (539-5523-80100-6520) to the Tasman East Focus Area Plan Project (539-5523-80100-6544); and

2. Approve and authorize the City Manager to execute a Professional Services Agreement with Perkins+ Will Inc. to prepare the Tasman East Focus Area Plan and Environmental Impact Report (EIR) at a cost not to exceed $759,425.00.

Sharon Goei
Acting Director of Planning and Inspection
Acting City Manager
Documents Related to this Report:
· Certified as to Availability of Funds:
539-5523-80100-6544 $750,000.00 ~
539-5523-80100-6520
~
$ 20,000.00 ~
-G,~yAmefulg
Director of Finance/ Assistant City
Manager

FIVE COUNCIL VOTES
1) Professional Services Agreement with Perkins + Will, Inc.

I:\PLANNING\Admin\Contracts\Pcrkins + Will\Tasman East\Perkins+Will_contract_agenda_rcport.doc City of
Santa Clara
Th e Center of What's Possible
Date: October 24, 2017
To: City Manager for Council Action
From: Director of Community Development
AGENDA ITEM #: __ f _?:>_._~_ le

AGENDA REPORT
Subject: Approval -of Amendment No. 1 to the Agreement for Professional Services with Perkins+ Will, Inc. Increasing the Total Not-to-Exceed Amount by $194,870 to a Total Amount of $954,295 to Allow Completion of the Tasman East Specific Plan and Associated Environmental Impact Report (EIR)

EXECUTIVE SUMMARY
The City is in the process of preparing the Tasman East Specific Plan to guide the transition of a 45-acre (gross) industrial neighborhood east of the Lawrence Caltrain Station into a pedestrianfriendly, transit oriented development. Preparation of the Tasman East Plan is called for in the General Plan as a prerequisite to the redevelopment of this low-intensity low-rise area for high density residential use close to jobs and transit. The Plan is intended to support a lively neighborhood that can accommodate up to 4,500 new residential dwelling units, roughly 100,000 square feet of neighborhood-oriented and convenience retail, and approximately 10 acres of public open space along with various outdoor recreational facilities and landscape features, such as a community garden, a public plaza, pocket parks and paseos. Buildout of the Plan could involve up to two decades, depending upon market forces.

The preparation of a Specific Plan will be beneficial in that it facilitates Plan implementation, including a higher degree of infrastructure analysis and planning, and it provides a legal framework for the City to seek reimbursement for Plan preparation costs from developers that benefit from the Plan.

The City Council initially awarded a $759,425 contract to Perkins + Will on April 19, 2016 to assist staff with preparation of the Specific Plan along with preparation of an associated EIR. The original contract approval included $10,000 to cover printing costs for the Specific Plan, but no contingency. As preparation of the Specific Plan has progressed, the City has identified additional analysis and outreach activities beyond those anticipated in the original contract scope, including additional community meetings and meetings with development stakeholders. Most recently at a City Council study session in June, the Council directed staff to analyze an alternative road configuration for Lick Mill Boulevard and to incorporate a minimum of 10 acres of open space and a 1-2 acre school site within the Specific Plan area. The Council also confirmed the proposed street network, including a possible extension of Calle del Sol to connect to the adjacent CityPlace development site. To implement this direction, it is necessary to update the contract scope to include additional traffic and roadway analyses and a revised feasibility analysis for housing production. The consultant is also updating the Specific Plan per Council direction to account for the revised street sections, to enhance the focus of the plan on placemaking, and to make the plan more streamlined, graphical, and easier to navigate.

Within the plan area, street sections along Calle del Sol and Calle de Luna have been revised to include fewer lanes, and Calle del Mundo is being changed from the current two-lane street to Subject: Approval of Amendment No. 1 to the Agreement for Professional Services with Perkins + Will, Inc.

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three lanes with a center turn lane. An option for a two-lane Lick Mill extension is also being included in the traffic analysis.

ADVANTAGES AND DISADVANTAGES OF ISSUE
The additional charges relate to completing a legally defensible EIR and a Specific Plan that will guide the character of development in the area for the next twenty years. The plan will also include a more detailed infrastructure plan which will streamline future Plan implementation.

Another benefit is that after the adoption of a Specific Plan, the Government Code allows local jurisdictions to create a Specific Plan fee (Government Code Section 65456) for the preparation, adoption, and long term administration of the plan and associated EIR monitoring, with the fee based on the relative benefit afforded to the developers involved.

ECONOMIC/FISCAL IMPACT
The Tasman East Specific Plan project is fully funded through the City's Building Inspection Reserves account, thereby eliminating any burden to the City's General Fund. The amended agreement will cost an additional $194,870. This funding is available in the Building Inspection Reserves account (063-44465). Private entities will process entitlements for their project sites subsequent to the adoption of the specific plan and EIR, and will be responsible for the payment of a Specific Plan fee as reimbursement to offset the costs of preparing the Specific Plan and El R.

RECOMMENDATION
That the Council:

1. Approve appropriations of an additional $194,870 to the Tasman East Specific Plan project (539-5523-80100-6544), funded by a transfer from the Building Inspection Reserves account (063-44465); and

2. Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with Perkins+ Will, Inc. to complete the Tasman East Specific Plan and Environmental Impact Report (EIR), increasing the not-to-exceed cost by $194,870 to a revised total of $954,295.
&J~
Andrew Crabtree
~s~ Director of Community Development
~~
APPROVED:

Deanna J. Santar(a
City Manager
Documents Related to this Report:
· · as to Avai · ·t of Funds: 1-f-
$194,870
Acting Director of Finance

FIVE COUNCIL VOTES
1) Amendment No. 1 to the Agreement for Professional Se,vices with Perkins+ Will, Inc. l:\PLANNING\Admin\Contracts\Perkins + Wi/1\Amendment No 1\Agenda Rpt Amendment 1 to P+W Contract for Tasman East.doc Ebix Insurance No. S200003424
AMENDMENT NO. 1

TO THE AGREEMENT BETWEEN

THE CITY OF SANTA CLARA, CALIFORNIA
AND
PERKINS + WILL, INC.

PREAMBLE
This agreement ("Amendment No. 1 ") is by and between Perkins + Will, Inc., a Delaware corporation, with its principal place of business located at 2 Bryant Street, Suite 300, San Francisco, CA 94105 ("Contractor" or "Consultant"), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050 ("City"). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" to this Amendment No. 1.

RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Professional Services by and between the City of Santa Clara, California, and Perkins+ Will, Inc.," dated April 28, 2016 (the "Original Agreement"); and
B. The Parties entered into the Original Agreement for the purpose of having Contractor provide professional services for the creation of a Tasman East Specific Plan and supporting Environmental Impact Report, and the Parties now wish to amend the Original Agreement to expand upon the original Scope of Services.

The Parties agree as follows:

AGREEMENT PROVISIONS

1. AMENDMENT PROVISIONS
That Exhibit A, "Scope of Services," is appended to include additional services from Perkins + Will, Inc., Fehr & Peers, and BKF as described in the attached document entitled "Tasman East Focus Area Plan Additional Services" dated September 12, 2017 and "Additional Services for the Tasman East Specific Plan in Santa Clara" dated June 30, 2017.

2. AMENDMENT PROVISIONS
That Exhibit B, "Fee Schedule," is appended to include additional cost details from Perkins + Will, Inc., Fehr & Peers, and BKF as described in the attached "Additional Services Fee Schedule." The original Fee Schedule is hereby amended by increasing the total payment by one hundred ninety-four thousand eight hundred seventy dollars ($194,870), for a new total not to exceed amount of nine hundred fifty-four thousand two hundred ninety five dollars ($954,295).

Amendment No. 1 to Agreement/Perkins+ Will, Inc.

Rev. 02/01/15

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City Council and Authorities ConcurrentSeptember 27, 2022

City Council and Authorities Concurrent
September 27, 2022