Consultant Agreement — City Council and Authorities Concurrent, May 7, 2024

Design Professional Agreement with Bellecci and Associates Page 1 Rev. 09-28-18
EBIX Insurance No. S200005276

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
BELLECCI AND ASSOCIATES, INC.

FOR

BOWERS PARK PARKING LOT REHABILITATION PROJECT

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Bellecci and Associates, 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
Exhibit C Insurance Requirements
Design Professional Agreement with Bellecci and Associates Page 2 Rev. 09-28-18
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 upon the date this Agreement is signed by both parties and terminate on December 31, 2029.

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.

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
Consultant expressly warrants that all 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 correct any incomplete, inaccurate or defective 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 services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City.

Design Professional Agreement with Bellecci and Associates Page 3 Rev. 09-28-18

5. QUALIFICATIONS OF CONSULTANT - 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 Consultants 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 Consultants 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 is Two Hundred Twenty-Nine Thousand Eight Hundred Sixty-Six ($229,866) 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 Consultants 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 Bellecci and Associates Page 4 Rev. 09-28-18

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.

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 CONSULTANT
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 Bellecci and Associates Page 5 Rev. 09-28-18

13. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
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 Citys reporting requirements to the State and other agencies with respect to Consultants 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 attorneys 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 Citys 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 Bellecci and Associates 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: 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:

Bellecci and Associates, Inc.

Attention: Daniel Leary
7077 Koll Center Parkway, Ste. 210
Pleasanton, CA 94566
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, Consultants 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 Citys 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 Bellecci and Associates Page 7 Rev. 09-28-18
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 Citys 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.

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 Bellecci and Associates Page 8 Rev. 09-28-18
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.

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

GLEN R. GOOGINS
City Attorney
J
VAN D. GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax:
(408) 241-6771
CITY
BELLECCI AND ASSOCIATES, INC.
a California Corporation

Dated:

By (Signature):

Name: Daniel Lear y
Title: Principal
Principal Place of
Business Address:
7077 Koll Center Parkway, Ste. 210
Pleasanton CA, 94566
Email Address: [email protected]
Telephone: (925) 685-4569
Fax: N/ A
CONSULTANT
2024.03.26
0 ruc4v-

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
BELLECCI AND ASSOCIATES, INC.

FOR

BOWERS PARK PARKING LOT REHABILITATION 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 Citys 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 C onsultants professional qualifications and experience and will meet the Citys 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

In April 2020, the City of Santa Clara and City of Palo Alto, submitted an application to the Environmental Protection Agency (EPA) for the San Francisco Bay Water Quality Improvement Fund grant. The grant funding application includes proposals to retrofit two existing parking lots in Palo Alto and Santa Clara, to develop a Guidebook for Greener Parking Facility Design and a certified workforce training framework for GSI maintenance, and provide community outreach and maintenance by trained partners and city staff. On September 27, 2021, the EPA awarded the grant to both cities in a total amount of $1,216,351.

Although the approved grant funding is provided to both cities, each city will independently manage its Project. The Bowers Park Parking Lot Rehabilitation Project (Project) consists of pavement rehabilitation, installation of a bioretention, installation of electrical vehicle charge stations and solar canopies, and expanding the parking area. The Bowers Park Parking Lot is located at 2582 Cabrillo Avenue, Santa Clara, CA 95051 and is bounded by Cabrillo Avenue to the North, residential homes to the West, and Cabrillo Middle School to the East.

The parking lot contains 13 regular and 2 accessible parking stalls. The parking Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 2
lot concrete area, which includes entrance and parking stalls, equates to approximately 7,750 square feet. Loads of pollutants in the area likely reflect general urban sources associated with developments from the 1950s. The Project provides a unique opportunity for the City to leverage grant funds and reassess the Bowers Park parking lot and potentially incorporate improvements, which include, but are not limited to:

1. Water Quality/drainage/GSI

2. Parking demand and efficient vehicle circulation

3. Pedestrian circulation, including adjacent pedestrian crosswalk

4. Increase the width of driveway aisle for emergency vehicle access

5. Energy-efficient lighting

6. Wayfinding and interpretive signage

7. ADA upgrades

8. Bike parking

9. Electric vehicle charge stations

10. Solar Canopy
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.

Consultant shall:

1) Perform thorough site investigations of all affecting infrastructures, which include, but are not limited to: pavement, parking spaces and area, trees and plantings, wet and dry utilities, right-of-way, sidewalks, driveways, and permeable and impervious areas.

2) Review as-built information (as available) to understand history of previous site construction and improvements.

3) Perform field review and investigation of site frontage to determine compliance with current City standards for driveways, curb & gutter, sidewalks, and ADA regulations. Recommend replacement of existing facilities as necessary to conform to current standards/regulations.

4) Develop design options/alternatives for
repair/rehabilitation/restoration/replacement of site pavements and ancillary facilities (e.g. drainage, curbs, gutters, sidewalks, ramps, striping, etc.).

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

5) Incorporate electric vehicle (EV) chargers, EV infrastructure, and solar electric generating systems into the plans, specifications, and estimates.

Coordinate scope of work related to EV and solar with City staff including Silicon Valley Power (SVP) staff.

6) Develop plans, specifications and estimates at various design levels.

7) Provide support to CITY in obtaining building and fire permits.

8) Provide support to CITY during bid & award, construction, and post- construction phases of the Project.

9) Perform Project management activities to ensure timely and on-budget completion of services.

10) Design Water Quality/drainage/GSI to meet latest Municipal Regional Permits Requirements

11) Design shall consider parking demand and efficient vehicle circulation, and possibly extend the current parking area northerly towards Cabrillo Avenue.

12) Design shall consider pedestrian circulation, including adjacent pedestrian crosswalk

13) Review and design for updated width of driveway aisle for emergency vehicle access

14) Design shall consider Bike parking

15) Perform geotechnical engineering and soil characterization to determine the classification that pertains to soil off haul.

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

1. Consultant: BELLECCI AND ASSOCIATES, INC.

2. Sub-Consultants to BELLECCI AND ASSOCIATES, INC.:
1) Miller Pacific Engineering Group Geotechnical Engineering 2) RHAA Landscape Architecture
3) Pezzoni Engineering Electrical Engineering
4) Woodreeve Arborists Arborist
Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 4
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. CITYs 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 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:

1.2.1 Kick-off Meeting

1.2.2 Preliminary/Evaluation Meeting

1.2.3 Community meeting

1.2.4 Parks and Recreation Commission Meeting

1.2.5 City Council Meeting

1.2.6 Design Kick-off Meeting

1.2.7 65% Design Review Meeting

1.2.8 95% Design Review Meeting

1.2.9 Punch List/Project Acceptance Meeting
Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 5

1.2.10 Other meetings identified in this Agreement

1.3 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.

1.4 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.

1.5 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, 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.

1.6 Provide monthly progress reports.

1.7 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.

1.8 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.

1.9 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 Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 6
not as Project Management.

1.10 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 Consultants basic hourly rates and shall not be billed.

1.11 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).

Task 1.0: Preliminary Engineering/Evaluation

1.1 Attend Project Kick-Off Meeting.

1.2 Visit Projects site to inspect site conditions, existing equipment, and facilities 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 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.

1.4 Perform necessary evaluations of the site, equipment, facilities, and ADA pathway to identify opportunities and constraints. Prepare an evaluation report for the site noting condition of existing facilities, infrastructures, code issues, and regulatory issues. Provide upgrade or replacement recommendations according to the evaluation and report review.

1.5 Provide draft community and stakeholder engagement strategies.

1.6 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, electrical, and mechanical design according to the evaluation and recommendations, and the following design criteria:

Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 7

1.6.1 Latest California Building Codes.

1.6.2 Latest Electrical Codes

1.6.3 Latest California Fire Codes.

1.6.4 Latest National Fire Protection Association (NFPA): 2019 NFPA 72.

1.6.5 Parks and Recreations Design Standards.

1.6.6 Sustainability and green infrastructure guidelines in National Recreation and Park Association (NRPA).

1.7 Provide 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.

1.8 Develop Project schedule. Schedule shall include all needed times to complete all tasks, including Citys review times, permitting process, and construction period.

1.9 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.

1.10 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.

1.11 Topographic survey and base mapping Consultant shall perform topographic survey for existing site, plans layout, and final approved improvements (from the evaluation/recommendation) for use as base layout for the Project schematic plans.

1.12 Utility mapping and coordinati on Consultant shall identify all existing utilities that will be impacted by the Project. Consultant is expected to coordinate with all potentially impacted utility agencies and come up with a plan to rectify each impact.

All final results of the coordination and agreements of relocation shall be included in the project specifications and plan.

1.13 Geotechnical investigati on and provide report Consul tant shall perform field investigations and to prepare a geotechnical report. The geotechnical report will Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 8
provide pavement design, grading requirements to be included in the specifications, R-Value, and specifications for compaction and scarifying. The scope of field investigations include:

Desktop review of geological maps and geotechnical/geologic reference data from other sources
Obtain no-cost encroachment permit from City.

Collect samples at one boring location in landscape area for geotechnical and analytical testing.

Geotechnical laboratory testing
Engineering analyses to develop design-level geotechnical recommendations and design criteria related to excavation and backfiling, and pavement design.

Preparation of a Geotechnical investigation memorandum which summarizes the subsurface exploration and laboratory testing programs, and geotechnical recommendations.

Analytical Soils testing
Review Geotracker website to evaluate any nearby sites that have documented contamination issues.

Composite one sample from one boring and delivered to laboratory for testing for Volatiles by EPA 8260, CAM 17 Metals, TPH as Diesel/Motor Oil by EPA 8015B, TPH as Gasoline by 8015, and PCBs
Incorporate results/discussion into geotechnical report

1.14 Perform soil characterization and recommend the soil off haul classification for appropriate disposal in accordance with State and Federal Laws.

1.15 Tree assessment Consultant shall perform tree inventory assessment and investigation. Consultant shall layout and provide detail specifications and construction details for trees to be preserved, removed, replaced, and installed new.

1.16 Preliminary Engineering and Cost Estimate for Solar Panels and Electrical Charge Stations - prepare a preliminary layout and an engineers estimate for the proposed work for the Citys review and approval. Electrical charge station shall be level 2, reliable, and top notch per latest technology and standards.

Task 1 Deliverables Electronic and hard copy format:

1. Evaluation report (draft and final) One (1) PDF of draft and final report and one (1) Microsoft Word file of final report.

2. Soil report

3. Topographic survey

4. Utility mapping

5. Soil Characterization Report

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

7. Project schedule One (1) PDF and one (1) Microsoft Project file. •
•
•
•
•
•
•
•
•
Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 9

8. 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: Public Meetings Community , Parks and Recreation Commission, and City Council

2.1 If public outreach is necessary and the city needs to hold a community meeting, consultant shall assist with the following:

A. Work closely with City staff to develop meeting strategy and format to engage the community.

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

C. Plan, coordinate, schedule, attend workshops/meetings, and produce meeting minutes. Plan for one (1) workshop/meeting.

D. Based on communitys input, refine, and develop final schematic plan E. Produce meeting minutes with action items.

2.2 Parks and Recreation Commission Meeting:

A. Work closely with City staff to develop meeting strategy and format.

B. Develop presentation materials, exhibits, design alternatives, and questionnaires.

C. Plan, coordinate, schedule, attend the meeting, and produce meeting minutes. Plan for one (1) workshop/meeting.

D. Based on the Parks and Recreation Commissions input, refine, and develop final schematic plan.

E. Produce meeting minutes with action items.

2.3 City Council Meeting:

F. Work closely with City staff to develop meeting strategy and format.

G. Develop presentation materials, exhibits, design alternatives, and questionnaires.

H. Plan, coordinate, schedule, attend the meeting, and produce meeting minutes. Plan for one (1) workshop/meeting.

I. Based on the City Council s input, refine, and develop final schematic plan.

J. Produce meeting minutes with action items.

Task 2 Deliverables Electronic and hard copy format:

1. Exhibits, power point presentation, alternative, & questionnaires

2. Final schematic plans

3. Miscellaneous Project information (as requested).

4. Meeting minutes
Task 3: 65% Construction Documents
Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 10
Plans shall be drawn to scale, on D-size (2 4 X 36) sheets, at an engineering scale up to 1 = 40 maximum, conforming to Citys Design Criteria. Plans are to be drawn by AutoCAD 2023 or earlier versions, using City-provided standard AutoCAD template with background layout from Consultants topographic survey.

3.1 Prepare 65% construction documents and supporting information for the Citys review. Consultants shall follow Citys Design Criteria and plan format to prepare 65% Plans and supporting information for the City s review. Plans with details of major design components as necessary such as: Site Plan, Existing Condition, Proposed Improvement, Traffic Control Plan, Details, and other pertinent information for the City to review and provide comments.

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.

Provide technical specifications.

3.2 Prepare 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-point of 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 bid in the Bay Area, especially in the South Bay.

2. Current economic trends.

3. When the Project will be bid.

4. When construction will occur.

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

3.3 Develop Project schedule. Schedule shall include all needed times to complete all tasks, including Citys review times, permitting process, and construction period.

3.4 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.

3.5 Conduct a quality control (QC) review of design documents (Plans, Specifications, and Engineers Cost Estimates).

3.6 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 Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 11
written comments received. All redlined drawings shall be returned with Consultants response on the redlined drawings.

3.7 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 revis ed as appropriate to incorporate CITYs comments.

3.8 The Project plan shall clear identified all existing utilities that will be and potentially be impacted during construction.

Task 3 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. 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. Miscellaneous Project information (as requested).

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

Task 4: 95% Construction Documents

Based on Citys comments and direction on the 65% PS&E, Consultant shall revise the 65% PS&E to produce the 95% PS&E. Consultant shall:

4.1 Prepare 95% construction documents and supporting information for the Citys review and approval.

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

4.1.2 Provide technical specifications.

4.1.3 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.

4.2 Prepare an updated engineering cost estimate.

4.3 Prepare an updated Project schedule.

4.4 Meet with City staff, as needed, to review City comments on 95% submittal and gain concurrence as to how the documents will be revised as appropriate to incorporate City comments.

Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 12

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 Provide written response matrix to Citys comments on 65% PS&E.

4.7 Conduct a quality control (QC) review of design documents (Plans, Specifications, and Engineers Cost Estimates).

4.8 Provide required information to the Citys Project Specific Specification Book (Division 0, 1, and 2). Required informa tion from Consultant for Citys frontend specifications shall include, but not be limited to, the followings:
a. Description of work summary only
b. Type of Contractors License required
c. Construction Duration for substantial completion and final completion d. Bid schedule without engineers estimate in excel spreadsheet e. Bid schedule with engineers estimate in excel spreadsheet f. Requirements for Contract ors Statement of Qualifications (e.g. experience requirements for similar work and contract values)
g. Identification of any changes to the Citys standard specifications that are required

Task 4 Deliverables Electronic and hard copy format:

1. 95% Plans One (1) PD F 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) PD F and one (1) Microsoft Project file.

5. Meeting minutes One (1) PD F 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.

8. Required information to the Citys Pr oject Specific Specification Book

Task 5: 100% Construction Documents

Based on Citys comments and direction on the 95% PS&E, Consultant shall revise the 95% PS&E to produce the 100% PS&E. Consultant shall:

5.1 Prepare 100% construction documents and supporting documents.

5.1.1 Phase percentage statem ent 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 Consult ants Engineer of appropriate discipline.

5.1.2 Specifications shall be stamped and signed ( on Document 00030 Seal) by Consultants Project Engineer.

Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 13

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

5.3 Prepare an updated Project Schedule.

5.4 Provide Documents for Citys PS&E approval process. Required documents are, but not be limited to, engineers estimate using the schedule of quantities format, recent similar Project bid summaries to validate engineers estimate, Consultant Peer Review Certification, Consultant Lessons Learned from other similar Projects that were applied to this Project.

5.5 100% PS&E shall be Peer reviewed and Certification of Peer Review shall be submitted with the 100% Submittal.

A statement to indicate Peer Review has been performed and name, signature, and title 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 pr ofessional 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 Engineer of Record, and that appropriate corrections have been made.

5.6 Prepare and submit Special Inspection Form for the Project, if applicable.

5.7 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.

5.8 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.

5.9 Provide written response matrix to Citys comments on 95% PS&E.

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

5.11 The City shall review the 100% Design Submittal Package (Plans, Specifications, Engineers cost estimate, and Project bid and construction schedule) to ensure that all comments and issues have been rectified. After the 100% Design Submittal Package has been deemed acceptable, City staff will then submit the 100% Design Submittal Package to the Building Division and Fire Department for review and approval.

Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 14
Task 5 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 Calculat ions One (1) PDF.

4. Certification of Peer Review One (1) PDF.

5. 100% Engineering Cost Estimate One (1) PDF and one (1) Microsoft Excel file.

6. Updated Project Schedule One (1) PD F and one (1) Microsoft Project file.

7. Special Inspection Form One (1) PDF.

8. Quality control checklist for 100% design submittal.

9. Written response matrix One (1) PDF and one (1) Microsoft Word or Excel file Task 6: Bid Documents (P&S)
The Bid Documents shall incorporate all comments from the City including comments from the Building Division (for building permit), Fire Department (for Fire Permit, if applicable) Public Works, Sewer and Water, SVP, and any other stakeholders that are involved in the Project. 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:

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

6.2 Incorporate permit issuers comment s (from Building Division and Fire Department) into P&S and coordinate with permitting departments and agencies to obtain acceptance of permit application package.

6.3 Prepare Bid Documents (P&S).

6.3.1 Bid Plans shall be wet stamped and si gned by the Consultants Engineer of appropriate discipline. Plans shall be drawn to scale and plotted onto D-size sheets.

6.3.2 Bid Specifications shall be wet stamped and signed (on Document 00030 Seal) by Consultants Project Engineer.

6.3.3 Final Engineers Estimate

6.3.4 Special Inspection Form required by the Building Division

6.3.5 Any other forms that are required by the Building Division and Fire Department in order to obtain applicable permits from those teams.

6.4 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 6 Deliverables Electronic and hard copy format:

Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 15

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.

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

6. Special Inspection Form

Task 7: Bid and Award Phase Assistance

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:

7.1 Attend and conduct one Pre-Bid Conference/Site Visit.

7.2 Assist the City with responses to bidder s inquiries through the Citys Project Manager.

7.3 Assist the City with addenda to the construction documents as needed to respond to bidders inquiries and clarify the intent of bid documents.

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

7.5 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 6 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 8: Construction Phase Assistance

Consultants responsibility to provide basic services for the construction phase under this Agreement 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. The Consultant will be supporting the City construction management team, which includes a City inspector who is working directly with the Contractor.

Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 16

8.1 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.

8.2 Consultant shall attend the Pre-construction meeting.

8.3 Consultant shall visit the site three times during construction. During these site visits, Consultant shall attend job progress meetings, pre-submittal meetings, pre- installation meeting, and other meetings as required by the City. Consultants structural, civil, and electrical sub-Consultants shall visit the site as required when work related to their discipline is in progress.

8.4 Consultant shall make construction observation visits throughout the construction phase. Consultant shall issue an observation report after each visit. Assume up to five (5) meetings.

8.5 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 Consultants action shall be taken with such reasonable promptness so as to cause no delay in the work, while allowing suffici ent time in Consultants judgment to permit adequate review. The Consultant will be allowed a maximum of seven (7) calendar days for review of submittals. Co nsultants review s hall not constitute review of safety precautions or, unless otherwise specifically stated by Consultant, of construction means, methods, techniques, sequences or procedures.

Consultants 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.

8.6 Consultant shall respond to Contract ors 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.

8.7 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 Citys review and finalizing said COs
Task 8 Deliverables Electronic and hard copy format:

1. Signed PDFs of Reviewed Contractor Submittals, Shop Drawings, RFIs, RFSs, and Design Professional Agreement with Bellecci and Associates/Exhibit A-Scopes of Services Rev. 04-12-21 Page 17
Field Instructions.

2. Signed PDFs of COs recommendations.

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

Task 9: Post-Construction Phase

9.1 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. Consultants decisions wit h City approval on matters relating to aesthetic effect may be final if consistent with the intent expressed in the Contract Documents.

9.2 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.

9.3 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.

9.4 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.

9.5 Consultant shall at completion of the Project provide City with one set of reproducible Record Drawings (RDs) on good quality bond paper that reflect the changes to the work during construction based upon marked up prints, drawings and other data furnished by the Contractor and City. Consultant shall use the original Title sheet for the RDs set. If Consultant adds additional sheets to the Plans, these shall be properly numbered, properly referenced on other affected drawings and included in the drawing index. Consultant may, at its own expense, prepare and retain a copy of each drawing for its permanent file.

9.6 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 9 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 on CD/DVD.

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

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
BELLECCI AND ASSOCIATES, INC.

FOR

BOWERS PARK PARKING LOT REHABILITATION PROJECT

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 $199,883. The amount billed to City for pre-approved Additional Services shall not exceed the sum of $29,983. In no event shall the amount billed to City by Consultant for Services under this Agreement exceed $229,866, 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 Citys 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 Consultants full compensation for all t he 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 Bellecci and Associates/Exhibit B-Schedule of Fees Rev. 04-12-21 Page 2
Description of work and task Cost for Basic
Services (except for
Solar Panels and
Electrical Vehicle
Charge Stations)
Cost for Basic
Services for Solar
Panels and
Electrical Vehicle
Charge Stations)
Task No. 1 Preliminary Engineering
and Evaluation
$49,009.00 $5,767
Task No. 2 Public Meetings
Community, Parks and Recreation
Commission, and City Council
$880.00 0
Task No. 3 65% Construction
Documents
$32,025.00 $11,000.00
Task No. 4 95% Construction
Documents Package
$31,118.00 $12,898.00
Task No. 5 100% Construction
Documents Packa
ge
$16,310.00 $7,739.00
Task No. 6 Final Bid Documents $3,758.00 $3,439.00 Task No. 7 Bid Support Assistance $4,502.00 $430.00 Task No. 8 Construction Support $17,570.00 $1,720.00 Task No. 9 Post-Construction $1,718.00 0
TOTAL COST $156,890.00 $42,993.00
In no event shall the amount billed to City by Consultant for BASIC SERVICES under this Agreement exceed one hundred ninety-nine thousand eight hundred eighty-three dollars ($199,883).

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 $29,983.

V. RATE SCHEDULE
Personnel Charges
Design Professional Agreement with Bellecci and Associates/Exhibit B-Schedule of Fees Rev. 04-12-21 Page 3
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 BELLECCI AND ASSOCIATES, INC.:

The billing rates will be the same in year 2023 and year 2024, as shown on the billing rate sheets. Billing rates will be extended by 5% each year per category starting January 2025
Engineering Services
Engineering Intern
Assistant Engineer I
Assistant Engineer II
Engineer I
Engineer If
Engineer Ill
Professional Engineer I
Professional Engineer ll
Professional Engineer m
Principal Engineer I
Prln<;lpal Engineer II
land Surveying Services
Safety Monitor/Flag Person
Survey Technician I
Survey Technfclan II
Survey Technician m (LSIT}
Professional land surveyor
Survey, Chief of Party
Survey, Journeyman Rodman
Survey, Apprentice I
Survey; APprentlc:e !I
Hourly Billing Rate
$90
$130
.$150
$164
$174
$190
$204
$210
$220
$240
$270
SH8
$124
$150
$174
$220
$174
$110
$72
$84
Survey, APprentlce Ill $96
Survey, Apprentice Ill $108
Drone PhotographyMdeography $175
Graphic Artist $134
Construction Services
Resident Engineer
Senior Publfc Works Inspector
Publlc Works Inspector
Public Works Inspector Assistant
Construction Manager
Project Coordinator
Admlnlstrathre
legal & Expert Services
Document Review and case Meetings
Depositions and Trial Testimony
Hourly Billing Rate
$188
$174
$154
$128
$220
$124
$100
$3S0
$425
Client authorized overtime work will be charged at 135% of the standard hourly rates.

Reimbursable expenses shall indude,butarenotlimitedtothefollowlng:

In HousePrlntlng Bond: $0.25/sf • Mylar: $5/sf
large Format Color Presentation
ColorCoples:8.Sx 11'• 1l x 17'
Other Direct Project Expenses
subcontractors
Outside Printing & Delivery Service
$2.50/sf
$1.00/ea • $1.90/ea
cost+ 10%
cost+10%
cost+ 10%
Design Professional Agreement with Bellecci and Associates/Exhibit B-Schedule of Fees Rev. 04-12-21 Page 4
Subconsultant Billing Rates:

MILLER PACIFIC ENGINEERING GROUP
a Celifomia corporation

SCHEDULE OF CHARGES

PROFESSIONAL ENGINEERING AND TESTING SERVICES
Professional and Technical Personnel Hourly Rate
Project Assistant/Word Processor .................................................................................................. $100 Engineering Technician .................................................................................................................. $130 Senior Technician ........................................................................................................................... $150 Prevailing Wage
............................................................................................................................. $170 Staff Engineer/Geologist ........................................................................................................................... $170 Project Engineer/Geologist. ............................................................................................................ $200 Senior Engineer/Geologist. ............................................................................................................. $220 Associate Engineer/Geologist ........................................................................................................ $280 Principal Engineer/Geologist .......................................................................................................... $290 A La Carte Laboratory Testing
(Will be charged at the hourly rate above unless otherwise noted in the Agreement and Proposal) Modified 4 in. Compaction Curve/Checkpoint ASTM D 1557 ................................ $350/$200 Sieve Analysis (w/ -200 wash) ASTM D 422 ........................................... $200 Minus 200 Sieve Wash ASTM D 1140 ......................................... $150 Atterberg Limits ASTM D 4318 ......................................... $300 Expansion Index ASTM D 4829 ......................................... $350 Moisture Content/Density ASTM D 2937 ........................................... $75 Unconfined Compression ASTM D 2166 ......................................... $150 Hydrometer ASTM D4829 .......................................... $250 Reporting Fee ............................................................................................................. $100 per test request Transportation Fee (for samples dropped off at Novato/Napa Office) .................................................. $50 Rush Testing ........................................................................ Add 50% to the Tota! of all Laboratory Testing Other Inside Charges
Mileage ................................................................................................................................... $0.80 per mile Vehicle (Field) ............................................................................................................................. $9 per hour Nuclear Density Gauge .............................................................................................................. $10 per test Inclinometer ................................................................................................ $160 per day/ $90 per half day Laser Level/Floor Level .............................................................................................................. $25 per day Sampling Equipment ........................................................................................... $50 per day I $30 half day Outside Services ...................................................................................................................................... Cost+ 20% Includes exploration equipment, instrumentation, in-situ monitoring, outside/specialized laboratory testing, per diem, shipping, courier/delivery services, outside reproduction, and other services and supplies not normally provided.
*NOTES:

1. Field site visits and travel time are normal hourly rates, portal to portal.

2. overtime - Weekday add $35
Overtime - Weekend/Holiday/Night add $45*
*(4• and 8-hour minimums)

3. Rates are for normal Geotechnical Engineering and Geological services. Rates for depositions and testimony are $580 per hour for Principal; $520 per hour for Associate; and $440 per hour for Senior.

All other personnel are $350 per hour. These fees are due and payable at the time of service.

Design Professional Agreement with Bellecci and Associates/Exhibit B-Schedule of Fees Rev. 04-12-21 Page 5
The billing rates will be the same in year 2023 and year 2024, as shown on the billing rate sheets. Billing rates will be extended by 5% each year per category starting January 2025
The billing rates will be the same in year 2023 and year 2024, as shown on the billing rate sheets. Billing rates will be extended by 5% each year per category starting January 2025

Pezzoni Engineering
1150 9th Street, Suite 1415
Modesto, CA 95354
(209) 554-4602

FEE SCHEDULE FOR PROFESSIONAL SERVICES
EFFECTIVE: Janua1y 1, 2023
The following fees are presently in effect for profe ssional services available from our fim1:

CONSULTATION SERV ICES:

Investigat ive/Expe rt Witness/Profe ssiona l Consult ation TBD * ENGINEERING SERVICES:

Principal Engineer
Project Manager
Engineer
Senior Designer
Designer
CAD/B IM Specia list
Clerica l
S240.00 Per Hour
S210.00 Per Hour
$185.00 Per Hour
SI 65.00 Per Hour
$135.00 Per Hour
SI 05.00 Per Hour
S85.00 Per Hour
Design Professional Agreement with Bellecci and Associates/Exhibit B-Schedule of Fees Rev. 04-12-21 Page 6

The billing rates will be the same in year 2023 and year 2024, as shown on the billing rate sheets. Billing rates will be extended by 5% each year per category starting January 2025

ABORl CULTUR£ and L"RBA.'\" FORESTRY
Fees for Services - 2023
Consulting Arborist
CAD
Administrative Assistant
$200 .00
$150.00
$50 .00

WOODREEVE

CONSULTING
Design Professional Agreement with Bellecci and Associates/Exhibit C-Insurance Requirements Page 1 Rev. 09-28-18

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
BELLECCI AND ASSOCIATES, INC.

FOR

BOWERS PARK PARKING LOT REHABILITATION PROJECT

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractors 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 Contractors insurance. The minimum co verages, 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

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 Design Professional Agreement with Bellecci and Associates/Exhibit C-Insurance Requirements Page 2 Rev. 09-28-18
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 employers 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 Design Professional Agreement with Bellecci and Associates/Exhibit C-Insurance Requirements Page 3 Rev. 09-28-18
two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorneys 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 Contractors 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 Contractors 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 non-renewal.

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.

Design Professional Agreement with Bellecci and Associates/Exhibit C-Insurance Requirements Page 4 Rev. 09-28-18
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 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 Citys 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 Citys 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 Design Professional Agreement with Bellecci and Associates/Exhibit C-Insurance Requirements Page 5 Rev. 09-28-18
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 Johns 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 Bellecci and Associates/Exhibit D-Insurance Requirements Page 1 Rev. 09-28-18

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
BELLECCI AND ASSOCIATES, INC.

FOR

BOWERS PARK PARKING LOT REHABILITATION 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 Clerks office, which shall be avai lable 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 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. 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 .

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.

Design Professional Agreement with Bellecci and Associates/Exhibit D-Insurance Requirements Page 2 Rev. 09-28-18

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 attorneys fee relating to such fine.

Design Professional Agreement with Bellecci and Associates/Exhibit D-Insurance Requirements Page 3 Rev. 09-28-18

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 Consultants 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 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 Consultants 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.

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 Bellecci and Associates/Exhibit E Milestone Schedule Page 1 Rev. 04-12-21

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
BELLECCI AND ASSOCIATES, INC.

FOR

BOWERS PARK PARKING LOT REHABILITATION PROJECT

EXHIBIT E

MILESTONE SCHEDULE
Description of work and task Duration
Task No. 1 Preliminary Engineering and
Evaluation 6 weeks
Task No. 2 Public Meetings Community,
Parks and Recreation Commission, and City
Council
7 days to prepare presentations and
other materials for each meeting
Task No. 3 65% Construction Documents 6 weeks
Task No. 4 95% Construction Documents
Packa
ge
4 weeks
Task No. 5 100% Construction Documents
Package
2 weeks
Task No. 6 Final Bid Documents 2 weeks
Task No. 7 Bid Support Assistance 2 days response time for clarifications and questions
Task No. 8 Construction Support 7 days response time
Task No. 9 Post-Construction 2 weeks to prepare record drawings

Design Professional Agreement with Bellecci and Associates/Exhibit F- Project Management Documentation Software

Page 1 ends

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
BELLECCI AND ASSOCIATES, INC.

FOR

BOWERS PARK PARKING LOT REHABILITATION PROJECT

EXHIBIT F

PROJECT MANAGEMENT DOCUMENTATION SOFTWARE

1.0 GENERAL
This section is intended to describe the use of e-Builder EnterpriseTM (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 e-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 10.0 or later, Google Chrome v29.0.1 or later, Mozilla Firefox v35.0.1 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 might not work as expected;
d) Work and Spreadsheet Processors: Microsoft Office Word, Excel and Outlook;
Design Professional Agreement with Bellecci and Associates/Exhibit F- Project Management Documentation Software

Page 2 ends

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
B. 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 SubConsultants personnel.

3. Consultant and SubConsultants shall have the responsibility for visiting the Project web site on a regular 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, Non- Conformance 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.

C. Electronic File Requirements:

1. In addition to the standard closeout submittal requirements detailed Design Professional Agreement with Bellecci and Associates/Exhibit F- Project Management Documentation Software

Page 3 ends

elsewhere in the Contract Documents, the Consultant and SubConsultants shall also submit all closeout document s including all As-Built Drawings, catalog cuts, and Owners 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 e- Builder.

4.0 IMPLEMENTATION REQUIREMENTS

A. 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, Sub- Consultants, and Owner. e-Builder includes extensive reporting capabilities to facilitate detailed.

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

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

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

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

F. 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 Bellecci and Associates/Exhibit F- Project Management Documentation Software

Page 4 ends

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 the e-Builder software as a service (SaS) including:

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

2. Quarterly e-Builder software enhancements.

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

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.

Real trme, updated
ched u,1e lnformatlo'n
Automated communlcatiom
( e.g,, e-mail notifications of changes
In schedule, doci.Jments. wotkftOIN)
Progrilm Management
Schedu les
Cost
Workflow (transmittals, submlttals,
RF Is, chan-ge orders)
Real lime, updat ed
~ostlbuctget nformatlon
Auioi:nated norificatians
of project d1an9es (schedule,
workffow, corr, rnilestones, Qther)
Exe<:utiv•e-5
Comultants , An::hitects,
Eng1Mel'$.. Contraet<ir$ Facilities Management

City Council and Authorities ConcurrentMay 7, 2024

City Council and Authorities Concurrent
May 7, 2024