EBIX Insurance No. *S200005966
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
between the
CITY OF SANTA CLARA, CALIFORNIA,
and
TETRA TECH FOR PUBLIC RIGHT-OF-WAY ADA IMPROVEMENTS AND BICYCLE WAYFINDING PROJECT
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Tetra Tech, Inc., a Delaware corporation, (Consultant). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.” Throughout this Agreement “Contractor” and “Consultant” are used interchangeably and refer to Consultant.
RECITALS
City desires to secure the design professional services more fully described in this Agreement, at Exhibit A1 and Exhibit A2, entitled “Scope of Services for Public Right-of-Way ADA Improvements” and “Scope of Services for Bicycle Wayfinding” respectively; “Design professional” includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; 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, 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
AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A1 – Scope of Services for ADA Improvements
Exhibit A2 – Scope of Services for Bicycle Wayfinding
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
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.
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 City’s execution of this Agreement and terminate on December 31, 2030 (“Initial Term”). Services may commence upon City issuing a written notice to proceed.
Scope of Services & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A1 and Exhibit A2 within the time stated in Exhibit A1 and A2. Time is of the essence.
All reports, costs estimates, plans and other documentation which may be submitted or furnished by Contractor shall be approved and signed by an appropriate qualified licensed professional in the State of California.
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.
WARRANTY
Contractor warrants that all materials and services covered by this Agreement shall be fit for the purpose intended and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
QUALIFICATIONS OF CONTRACTOR - STANDARD OF care
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is One Million Six Hundred Eight Thousand One Hundred Eight dollars ($1,608,108), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
TERMINATION
Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.
Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
The Contractor may terminate its services on the Project only if the City materially breaches this Agreement by failing to pay an undisputed amount due and payable to the Contractor. Before terminating, the Contractor must provide the City with written notice identifying the unpaid amount and the basis for the claimed breach. The City shall have thirty (30) days after receipt of the notice to cure the breach. A payment amount disputed by the City in good faith shall not constitute a material breach while the dispute is being resolved. The Contractor may terminate its services only if the City fails to cure the breach within that thirty (30)-day period.
Upon termination, Contractor shall submit an invoice for services performed up to the effective date of termination and the City shall pay Contractor all outstanding invoices, together with all costs arising out of such termination, within thirty (30) days. The City may withhold an amount for services that may be in dispute provided that the City furnishes a written notice of the basis for their dispute and that the amount withheld represents a reasonable value.
ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
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.
INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.
HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Contractor, its employees, subcontractors, or agents in the performance, or non-performance, of Services under this Agreement.
INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
WAIVER
Contractor and City agree that waiver by either party of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
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
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and [email protected] And to Contractor addressed as follows:
Tetra Tech, Inc.
Attention: Eric Martin
1999 Harrison St Suite 500, Oakland CA
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.
COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
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.
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.
Amendments
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
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.
FORCE MAJEURE
If Contractor’s performance is delayed by an event beyond Contractor’s reasonable control and without Contractor’s fault or negligence, including an act of God, strike, lockout, war, act of terrorism, riot, action by a governmental authority, extraordinary weather condition, natural catastrophe, or other comparable event (each, a “Force Majeure Event”), Contractor shall be entitled to a reasonable extension of time to perform the affected obligations.
Contractor shall provide City written notice of the Force Majeure Event within five (5) calendar days after becoming aware of it, describing the event, the anticipated effect on performance, and the measures Contractor is taking to mitigate the delay. Contractor shall use diligent efforts to avoid, minimize, and promptly overcome the effects of the Force Majeure Event.
A Force Majeure Event does not excuse Contractor from performing obligations not affected by the event, does not excuse payment obligations, and does not entitle Contractor to additional compensation unless expressly authorized in writing by City.
PERSONAL DATA
Contractor shall comply with all applicable federal, state, and local laws governing personal information. Contractor shall use personal information only as necessary to perform this Agreement and shall maintain reasonable and appropriate administrative, technical, and physical safeguards to protect it from unauthorized access, use, disclosure, loss, or destruction. Contractor shall promptly notify City of any actual or suspected unauthorized access to or disclosure of personal information and reasonably cooperate with City in investigating and responding to the incident.
SUSPENSION OF WORK
The City may, at any time and for any reason, suspend all or any portion of Contractor’s services upon written notice to Contractor. Upon receipt of such notice, Contractor shall promptly suspend the affected services, take reasonable steps to minimize costs, and perform no additional work unless authorized in writing by City. City shall pay Contractor for satisfactorily performed and accepted services completed before the effective date of suspension, in accordance with the payment terms of this Agreement. Any adjustment to the Project schedule or Contractor’s compensation resulting from a suspension must be set forth in a written amendment signed by both parties.
CONTINUED ON PAGE 10
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
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“City”
tETRA TECH, Inc.
a Delaware corporation
Dated:
By (Signature):
Name:
Dan Helt, PE, PLS
Title:
Vice President
Principal Place of Business Address:
1999 Harrison St Suite 500, Oakland CA
Email Address:
[email protected]
Telephone:
805-542-8626
Fax:
805-542-9054
“CONTRACTOR”
EXHIBIT A1
SCOPE OF SERVICES for PUBLIC RIGHT-OF-WAY ada improvements
GENERAL
Project Description and Required Services
The City of Santa Clara (“City”) desires to engage Tetra Tech, Inc. (“Consultant”) to provide engineering design services to prepare bid documents (plans, specifications, and engineer’s estimate - PS&E) for public works bidding of the Public Right-of-Way ADA Improvements & Bicycle Wayfinding (“Project”) under the Measure I Infrastructure Bond Program.
This document describes the scope of services specifically for the Public Right-of-Way ADA Improvements project component.
The design professional services (Services) include the design of ADA-compliant curb ramps, Accessible Pedestrian Signal and push buttons at various intersections and remove sidewalk hazards along the pedestrian routes to maximum extent feasible within the public right-of-way for the public works construction bidding. The Initial Term of the agreement shall be to provide engineering design services in support of one construction contract to be bid in summer 2027.
The City’s objective is for Consultant to provide all design professional Services necessary to design the Project for construction as contemplated in the City’s Request for Proposals (RFP), the Consultant’s response to the RFP (Proposal), and as described herein this Agreement, for the following Project Objectives:
To design and construct curb ramps, Accessible Pedestrian Signal and push buttons at proposed locations as many as possible within the Measure I Infrastructure Bond Program project budget, in conformance with the Americans with Disabilities Act (ADA) and related standards and guidelines.
To remediate sidewalk hazard and ADA deficiencies to the maximum extent feasible along the following pedestrian routes:
Monroe Street between Market Street and Bellomy Street
Monroe Street between Monticello Way and Glade Drive
Bowers Avenue between Cabrillo Avenue and Donovan Avenue Kiely Boulevard between Forbes Avenue and Pruneridge Avenue Background
This Scope of Services is based upon Consultant’s Proposal dated April 12, 2026 in response to City’s Request for Proposals, and subsequent negotiations between City and Consultant. It is mutually agreed by City and Consultant that this Scope of Services incorporates Consultant’s professional qualifications and experience and will meet City’s objective.
The Project is funded by the CITY’s Measure I – Public Facilities and Infrastructure Bond Measure with the Council-approved budget of $5,000,000. The Consultant shall cooperate with the City in ensuring services provided for the projects and the projects’ construction elements are in compliance with requirements associated with the Measure I program. The project budget and expenses for the ADA Improvements project shall be tracked separately from the Bicycle Wayfinding project component.
CONSULTANT TEAM
Consultant shall provide the services described herein through a consultant team (Project Team), comprised of Consultant and its staff, and subconsultant(s) and its staff, identified as follows:
Consultant:
Tetra Tech
Subconsultant(s) to Tetra Tech:
Alta Planning + Design – Provide engineering design services for bicycle wayfinding, as presented in Exhibit A2.
Any changes to the Project Team through the course of Services is subject to approval in writing by City. All Services described in this Scope of Services shall be self-provided by Tetra Tech unless specifically described otherwise, or otherwise approved in writing by City. City shall have the right to approve any subconsultant(s) or subcontractor(s) described above as to be determined.
BASELINE SOLUTION AND ASSUMPTIONS
Representations made in the City’s Request for Proposals, the Consultant’s proposal, and subsequent negotiations between City and Consultant resulting in this Scope of Services represent the Baseline Solution to meet the Project Objectives.
Should there be deviations from the Baseline Solution that results in Services or fees being materially or significantly different than represented for the Baseline Solution, the Scope of Services and Schedule of Fees shall be addressed by City and Consultant in writing prior to Consultant proceeding with any Services deviating from the Baseline Solution.
In the case of discrepancy or ambiguity for the Baseline Solution, the following order of precedence shall prevail:
1) This Scope of Services and Schedule of Fees
2) Information generated between City and Consultant in preparing this Scope of Services and Schedule of Fees 3) The Consultant’s Proposal
4) The City’s Request for Proposals
Table 1 and Table 2 with ADA improvement locations and barrier counts are based upon programmatic costs and recommended treatments derived from ADA Plan with preliminary analysis performed by the City. The intention is that the list of locations and their respective treatments to be maintained will be further field checked, refined and determined through the course of services dependent upon preliminary engineering and cost estimates prepared by the CONSULTANT during the Preliminary Engineering and Evaluation tasks to ensure the Project remains within the established budgets.
Table 1: Intersections with Proposed ADA Improvements
ID
Intersection
Outline of Potential Improvements
1 Monroe St and Market St
Install new pedestrian heads, new Accessible Pedestrian Signals and pushbuttons, ADA curb ramps 2 Monroe St and Bellomy St
Install new pedestrian heads, new Accessible Pedestrian Signals and pushbuttons, ADA curb ramps 3 Monroe St and Monticello Way
Install ADA curb ramps, new pedestrian heads, new Accessible Pedestrian Signal and pushbuttons, ADA curb ramps 4 Monroe St and Calabazas Blvd
Install ADA curb ramps, reduce curb returns (SW & SE) and new Accessible Pedestrian Signals and pushbuttons 5 Monroe St and Marchese Way
Install ADA curb ramps
6 Monroe St and Glade Dr
Install ADA curb ramp (at NW corner)
7 Bowers Ave and Cabrillo Ave
Install ADA curb ramps, new pedestrian heads, new Accessible Pedestrian Signals and push buttons 8 Bowers Ave and Mark Ave
Install ADA curb ramps
9 Bowers Ave and Donovan Ave
Install ADA curb ramps
10 Kiely Blvd and Barcells Ave
Install ADA curb ramps
11 Kiely Blvd and Toledo Ave
Install ADA curb ramps
12 Kiely Blvd and Rebeiro Ave
Install ADA curb ramps
13 Kiely Blvd and Forbes Ave
Install ADA curb ramps, reduce curb return and remove slip lane (NE), Accessible Pedestrian Signals and pushbutton upgrades 14 Kiely Blvd and Pruneridge Ave
Install ADA curb ramps
15 Kiely Blvd and Kalliam Dr
Install ADA curb ramps
16 Kiely Blvd and Mauricia Ave
Install ADA curb ramps
17 Kiely Blvd and Malabar Avenue
Install ADA curb ramps
18 Warren Ave and Malabar Avenue
Install ADA curb ramps
19 Warren Ave and Regnart Way
Install ADA curb ramps
20 Homestead Rd and Bing Dr
Install ADA curb ramps, new pedestrian heads, new Accessible Pedestrian Signals and pushbuttons, ADA curb ramps 21 Homestead Rd and Woodhams Ave
Install ADA curb ramps
22 Homestead Rd and Lincoln St
Install ADA curb ramps, Accessible Pedestrian Signal and pushbutton upgrades 23 Homestead Rd and Jefferson St
Install ADA curb ramps
24 Homestead Rd and Madison St
Install ADA curb ramps
25 Homestead Rd and Jackson St
Install ADA curb ramps
26 Homestead Rd and Main St
Install ADA curb ramps
27 Homestead Rd and Washington St
Install ADA curb ramps
28 Lexington St and Frederick Ave
Install ADA curb ramps
29 Market St and Fallon Ave
Install ADA curb ramps
30 Market St and Frederick Ave
Install ADA curb ramps
31 Market St and Lincoln St
Install ADA curb ramps
32 Market St and Jefferson St
Install ADA curb ramps
33 Market St and Madison St
Install ADA curb ramps
34 Market St and Jackson St
Install ADA curb ramps
35 Market St and Main St
Install ADA curb ramps
36 Market St and Washington St
Install ADA curb ramps
37 Bellomy St and Saratoga Ave
Install ADA curb ramps
38 Bellomy St and Madison St
Install ADA curb ramps
39 Bellomy St and Lincoln St
Install ADA curb ramps
40 Hayward Dr and White Dr
Install ADA curb ramps
41 Rose Way and White Dr
Install ADA curb ramps
42 Saratoga Ave and Juanita Ave
Install ADA curb ramps
43 Rita Ct and Juanita Ave
Install ADA curb ramps
44 Consuelo Ave and Juanita Ave
Install ADA curb ramps
45 Bohannon St and Juanita Ave
Install ADA curb ramps
46 Bohannon St and Talia Ave
Install ADA curb ramps
47 Rosita Ave and Talia Ave
Install ADA curb ramps
48 Alfred St and Space Park Dr
Install ADA curb ramps
49 Kenneth St and Space Park Dr
Install ADA curb ramps
50 Serra Ave and San Miguel Ave
Install ADA curb ramps
51 Serra Ave and Clara Vista Ave
Install ADA curb ramps
52 Serra Ave and Enright Ave
Install ADA curb ramps
53 Sherwin Ave and Enright Ave
Install ADA curb ramps
54 Londonderry Pl and Kerry Dr
Install ADA curb ramps
55 Londonderry Dr and Harold Ave
Install ADA curb ramps
56 Sutter Ave and Harold Ave
Install ADA curb ramps
The baseline solution includes the following key assumptions:
Up to 164 intersection corners
Up to 245 curb ramps
After the evaluation process and the conclusion of site evaluation and preliminary design memorandum, actual ramp number at each intersection may vary. If actual total number of ramps is higher than assumptions, CITY will work with CONSULTANT to refine the ramp locations to stay within budget.
ADA improvements and removal of sidewalk hazards along the project corridor limits (Table 2) generally include grind or patch vertical change of grade along sidewalk, remove obstacles such as vegetation or protruding objects in the pedestrian path of travel, and reduce size of grid opening in sidewalk. The majority of sidewalk hazards and barriers within project corridors is vertical discontinuity.
Table 2: Corridor Limits with Sidewalk Hazards ADA Barriers Removal Corridor
Limit
Count of Hazard Barriers identified in the ADA Plan
A
Monroe Street
Market Street to Bellomy Street
40 B
Monroe Street
Monticello Way to Glade Drive
179
C
Bowers Avenue
Cabrillo Avenue to Donovan Avenue
316
D
Kiely Boulevard
Forbes Avenue to Pruneridge Avenue
85 Total
620
RESPONSIBILITIES OF CITY
CITY will provide the following information and support regarding this project component as-available and applicable:
Record drawings (as-available)
CITY’s Standard Details, Specifications, Benchmark, and Design Criteria.
Storm Drain (SD), Sanitary Sewer (SS), Electric, Fiber, Water and Recycled Water Block Book Maps (as-available).
Geographic Information System (GIS) data including land parcels, street centerlines, City sanitary sewers, City storm drains, aerial photographic tiles, ADA barriers identified the ADA Plan ADA Plan, Bicycle Plan, and Pedestrian Master Plan
Filing exemption under the California Environmental Quality Act, if applicable.
Payment of permit application fees to agencies for construction permits, if required; City may assign Consultant as the City’s agent in applying for and obtaining permits for construction (e.g. County encroachment permit, Caltrans permit).
Any permits required for the professional Services to be provided by Consultant during the design phase shall be secured and paid by Consultant. Fees for said permits, if required, may be pass-through reimbursed by City to Consultant without markups through Consultant’s invoicing.
BASIC SCOPE OF SERVICES
The Basic Scope of Services includes all professional services required to prepare construction bid documents (plans, specifications, and engineer’s estimate or PS&E) for the Project component.
TASK 1: PROJECT MANAGEMENT AND COORDINATION
CONSULTANT shall:
Manage its team and overall project activities consistent with the direction from CITY in order to meet the project schedule and budget.
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.
Prepare, monitor, and update progress schedule in MS Project format beginning at the kickoff meeting and ending at contract award for the last construction 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.
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.
Provide monthly progress reports.
Conduct QC reviews in accordance with its QA Program guidelines. CONSULTANT shall provide a copy of its QA Program guidelines and shall provide a QC report at the end of each Task. Time spent for QA-QC reviews for specific deliverables shall be budgeted and billed under each respective task requiring QA-QC review and not as Project Management.
Invoicing and Contract Administration: CONSULTANT administrative staff time spent preparing invoices for Services complete shall be considered as included in the overhead of the CONSULTANT’s basic hourly rates and shall not be billed. Additionally, addressing administrative issues regarding the professional Services agreement, such as preparing additional Services requests or budget modifications, shall also be considered as included in the overhead of the CONSULTANT’s basic hourly rates and shall not be billed.
The project budget and expenses for the ADA Improvements project component shall be tracked separately from the Bicycle Wayfinding project component.
Deliverables:
Progress schedule in MS Project format (submitted electronically as an 11” x 17” pdf file and in native MS Project format).
QA Program guidelines and QC reports for each Task (in pdf file).
Meeting agendas, preparation materials, and meeting minutes for each project meeting (in pdf file), including kick-off meeting minutes.
Monthly progress reports and invoices (in pdf file).
TASK 2: SITE EVALUATION AND PRELIMINARY DESIGN MEMORANDUM CONSULTANT will evaluate the ADA improvement locations identified in Table 1: Intersections with Potential ADA Improvements, including the 56 intersections requiring ramp improvements, and the accessibility barriers identified in Table 2 Corridor Limits with Sidewalk Hazards ADA Barriers Removal of the RFP, including the potential removal of up to 620 barriers. Field review will document existing conditions, including ramp condition, drainage issues, potential utility conflicts, and recommended ramp types, to support refinement of the project scope and design.
Field investigations will document existing conditions and identify grading constraints, utility conflicts, drainage considerations, and opportunities to minimize impacts to existing infrastructure while achieving ADA compliance to the maximum extent feasible. CONSULTANT will use the field evaluation process to help refine project priorities, validate feasibility, and confirm that the proposed improvements can be delivered within the available construction budget.
The Preliminary Design Memorandum will summarize findings, analysis, conclusions, and recommendations to guide the project into preliminary engineering.
CONSULTANT shall:
Collect and review relevant reports, record drawings, data, maps and other documents relevant to defining the limits and scope of design for the project. CONSULTANT shall also take the lead on confirming the location and alignment of existing underground utilities with the appropriate utility companies and provide an allowance within their proposal for coordinating any relocation of utilities should it become necessary. CONSULTANT’s design should account for existence of existing underground infrastructure and CONSULTANT shall perform all due-diligence necessary to avoid conflicts between the existing and new infrastructure.
CITY will provide utility maps for CITY storm drain, sanitary sewer, water, and electric utility. Other utility information not mentioned will need to be coordinated by CONSULTANT with outside agencies.
Perform a field review in relation to the potential improvements listed in Table 1 and Table 2 as well as in the City-provided ADA database, and document existing conditions. Consultant is required to perform field investigation of all infrastructures that will be affected by the project. Infrastructures include, but are not limited to: pull boxes, cabinets, traffic signals, conduit, and cables.
Coordinate with Silicon Valley Power regarding electrical requirements, review processes, and utility coordination activities early in the project to support efficient design progression.
Based on the site evaluation and engineering judgment and probable construction costs, verify which ADA improvement should be considered for further evaluation in subsequent subtasks or recommend alternative potential improvements.
Deliverables:
Technical Memorandum: ADA Evaluation Memo containing data, analysis, conclusions and recommendations, including an electrical analysis describing impacts to each intersection that require signal or push button upgrade TASK 3: PRELIMINARY ENGINEERING (35% DESIGN)
Upon CITY’s approval of improvements from the technical memorandum in Task 2, CONSULTANT will prepare the preliminary engineering package at the 35% design level. The 35% phase will also be used to refine project quantities and update construction cost estimates.
Locations with new pedestrian signals or modified traffic signal systems shall be designed by CONSULTANT and reviewed and approved by the Silicon Valley Power (SVP). The SVP developer work drawing approval process requires CONSULTANT to coordinate with the Public Works project manager and SVP electric department to submit several rounds of electrical drawings separate from the civil utility plans. The level of effort is equivalent to the typical PS&E submittal process.
CONSULTANT shall:
For curb ramp improvements in Table 1, perform topographic survey to the extent necessary to perform the design of the project, including the curb line, gutter flowline, and lip of gutter, visible ground and surface features including utility and drainage facilities, front and back of sidewalk elevations, asphalt or roadway features to support conform locations, and other pertinent information needed for CONSULTANT’s subsequent design. CONSULTANT shall be responsible for determining the extends, content, and intervals of the topographic data needed to support its design. Topographic surveys are required for all intersections from public right-of-way/property lines on one side of the street to public right-of-way lines on the other side of the street. Detailed topographic survey will be required at locations where new curb ramps are to be installed to meet ADA and City standards.
For the sidewalk improvements identified in Table 2, perform a detailed site investigation of the accessibility barriers to inform the conceptual design and may use high-resolution aerial photo and GIS as background with supplemental field surveys.
Map the locations of utilities within the limits of curb ramp replacement and identify potential utility conflicts early and evaluate opportunities to avoid unnecessary utility relocation through refinement of ramp geometry, grading transitions, and construction limits. Full mapping of utilities will not be necessary unless a specific conflict is identified. However, utility surface features will be identified on the plans. Consultant will provide written notices describing the proposed construction schedule and Project limits.
Provide traffic signal design for modified signal systems at applicable intersections. Consultant will perform both record investigations of as-built drawings (as-available) and field investigations of signals to accurately identify existing conditions and equipment. At all signalized intersections in Table 1, CONSULTANT shall verify in the field if existing conduits can accommodate new conductors needed for the additional devices and if the existing traffic signal controller cabinets can accommodate the necessary equipment. CONSULTANT shall propose recommended signal timing changes to accommodate pedestrian operation per current California Manual on Uniform Traffic Control Devices (MUTCD) standards.
Under this Task, CONSULTANT shall confer with CITY regarding appropriate standards to be used for design (e.g. 2010 ADA, PROWAG, CBC, Caltrans DIB, etc).
Prepare one set of preliminary design plans (35% level) for use in exhibits and/or contract drawings. At a minimum, the 35% design plans shall include, but not limited to, existing utilities, City right-of-way lines, existing improvements such as sidewalk, curb, and gutter, roadway, curb ramps, existing traffic equipment/signals, poles/pull boxes including existing roadway delineation markings and striping, and geometry and major features of proposed improvements.
It is anticipated that CONSULTANT shall employ the use of City Standard Details, and supplemented with modified Caltrans details as needed where no appropriate City Standard Detail exists to address the proposed design.
Deliverables:
Field Investigation Notes (Upon request by City)
Field Topographic Survey
Conceptual Layout & Construction Cost Estimate, with City comments review and responses TASK 4: 65% CONSTRUCTION DOCUMENTS PACKAGE
CONSULTANT shall perform engineering and design activities to develop a 65% level of completion construction documents. The 65% submittal shall be considered as a complete package necessary to bid the PROJECT, and subsequent submittals shall provide opportunities to further refine the contract documents. At this stage, CONSULTANT will refine the selected ADA improvements into coordinated contract documents, address major constructability and utility issues, and respond to City comments.
Construction Documents
The 65% construction documents submittal shall follow the guidelines of the most current City Design Criteria and Standard Details and shall include Plans, Specifications, Engineer’s Cost Estimate, and Probable Project Construction Schedule, in accordance with the following:
The Plans shall be complete and show property lines, existing high-risk utilities, and major construction features.
Specifications shall include all Technical Specifications or Special Provisions required to construct the project. CITY will prepare the “upfront” contract specifications, i.e. Divisions 0 and 1 specifications of CITY’s boilerplate. CONSULTANT shall provide all information required for CITY to complete the boilerplate. This information includes:
Description of work
Type of Contractor’s License required
Schedule of Bid Prices
Requirements for Contractor’s Statement of Qualifications (e.g. experience requirements for previous construction contracts and contract values).
Recommendations for appropriate Liquidated Damages
Identification of any changes to the CITY’s boilerplate that are required CONSULTANT shall be familiar with CITY’s standard specifications and provide all Technical Specifications or Special Provisions such that they supplement, and do not conflict with, and are not redundant with the standard specifications. Changes to the CITY’s boilerplate or deviations from the standard specifications shall be addressed by incorporating appropriate information into the project Technical Specifications or Special Provisions.
The Engineer’s Cost Estimate shall be an itemized list of bid items and shall be accurate and prepared based upon current construction pricing and escalated to time of bid using engineering judgement. CONSULTANT shall review recent bids, and contact vendors, suppliers, and contractors as necessary to develop an accurate cost estimate.
The probable construction schedule will be used to establish the construction contract duration (e.g. number of working days) in the project specifications. The construction schedule does not need to be detailed, but it should contain enough information to accurately determine the contract duration.
CONSULTANT shall conduct a quality control (QC) review of the submittal in accordance with CONSULTANT’s Quality Assurance/Quality Control (QA/QC) program.
Response to Comments
CITY will circulate the submittal package to internal CITY departments for review and comments. CONSULTANT shall be responsible for submitting the package to external stakeholders if required. CONSULTANT shall prepare written responses to all written comments received. All redlined drawings shall be returned with CONSULTANT’s response on the redlined drawings.
CONSULTANT shall be responsible for resolving comments from each commenter and shall identify to CITY any comments that cannot be resolved. CONSULTANT shall conduct a 65% comments review meeting with CITY to discuss comments on the submittal package, to identify any significant design issues, and gain concurrence as to how the submittal shall be revised as appropriate to incorporate CITY’s comments. The review meeting will be held at CITY or online.
Deliverables:
65% Design Submittal Package (Plans, Specifications, Engineer’s cost estimate, and project construction schedule). Drawings will be 22”x34”, 1’:5” Scale.
Written response to comments.
65% review meeting agenda and meeting minutes.
Electrical plans for review and coordination with Silicon Valley Power, as applicable TASK 5: 95% CONSTRUCTION DOCUMENTS PACKAGE
CONSULTANT shall perform engineering and design activities to develop a 95% level of completion construction documents that include updated Plans, Specifications, Engineer’s Cost Estimate, Probable Project Construction Schedule, in accordance with the following:
Construction Documents:
The 95% submittal package shall incorporate comments received from CITY on the 65% submittal package. The submittal shall include a written response to CITY comments including a description of how the comments were/were not incorporated into the submittal package. All redlined drawings shall be returned with CONSULTANT’s response on the redlined drawings.
CONSULTANT shall conduct a quality control (QC) review of the submittal in accordance with CONSULTANT’s Quality Assurance/Quality Control (QA/QC) program.
CONSULTANT shall submit the 95% plans to affected utility owners for their use and information.
CONSULTANT shall assist CITY in obtaining approval of the plans by the CITY Building Department and issuance of building permit(s). Building permits are anticipated as necessary for the electric services required for the project.
Response to Comments
CITY will circulate the submittal package to internal CITY departments for comments. CONSULTANT shall be responsible for submitting the package to external stakeholders if required. CONSULTANT shall prepare written responses to all comments received. All redlined drawings shall be returned with CONSULTANTS response on the redlined drawings. 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 95% comments review meeting with CITY to discuss comments on the submittal package and gain concurrence as to how the submittal shall be revised as appropriate to incorporate CITY’s comments. The review meeting will be held at CITY.
Deliverables:
1. 95% Design Submittal Package (Plans, Specifications, Engineer’s cost estimate, and project bid and construction schedule), submitted electronically as PDF.
2. Written response to CITY comments on the 95% design submittal.
3. 95% review meeting agenda and meeting minutes.
TASK 6: 100% CONSTRUCTION DOCUMENTS PACKAGE
CONSULTANT shall finalize the Plans, Specifications, Engineer’s cost estimate, and construction schedule based on the 95% review comments from CITY. All outstanding comments and issues from previous submittals shall be incorporated into the 100% construction document package. The 100% Construction documents shall be considered as complete with no future revisions planned nor deemed necessary.
The 100% construction package shall include final Plans, Specifications, Engineer’s Cost Estimate, and Probable Project Construction Schedule, in accordance with the following:
The 100% construction package shall incorporate comments received from CITY on the 95% submittal package. The submittal shall include a written response to CITY comments including a description of how the comments were/were not incorporated into the submittal package. All redlined drawings shall be returned with CONSULTANTS response on the redlined drawings.
CONSULTANT shall conduct a quality control (QC) review of the submittal in accordance with CONSULTANT’s Quality Assurance/Quality Control (QA/QC) program.
PEER Review: Peer review shall have been accomplished by this stage, with the statement and signature on the cover sheet. The professional shall sign, date and seal the following Certification of Peer Review on a letterhead document with the transmittal of the final plans and specifications:
“The undersigned hereby certifies that a professional peer review of these plans and the required designs was conducted by me, a professional engineer with expertise and experience in the appropriate fields of engineering equal to or greater than the Engineer of Record, and that appropriate corrections have been made.” The PEER Review Statement shall also be placed on the plans title sheet and signed by the responsible individual.
CONSULTANT shall review previous projects of agencies near CITY and prepare a list of potential bidders for the project.
Response to Comments
CITY will circulate the submittal package to internal CITY departments for comments. CONSULTANT shall be responsible for submitting the package to external stakeholders if required. CONSULTANT shall prepare written responses to all comments received. All redlined drawings shall be returned with CONSULTANT’s response on the redlined drawings. 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 100% comments review meeting with CITY to discuss comments on the submittal package and gain concurrence as to how the submittal shall be revised as appropriate to incorporate CITY’s comments. The review meeting will be held at CITY.
Deliverables:
1. 100% Design Submittal Package (Plans, Specifications, Engineer’s cost estimate, and project bid and construction schedule).
2. Written response to CITY comments on the 100% design submittal.
3. 100% review meeting agenda and meeting minutes.
4. List of potential bidders in MS Excel format and shall include the company’s name, email address, contact number, and address of business.
5. One original Verification of Digital Signature Letter and three sets of original signed plans to be submitted to the Building Department.
TASK 7: FINAL BID SET DOCUMENTS
The submittal shall be considered as a limited submittal to formalize and sign the Final Bid Set documents, and resolution of any minor issues remaining from the 100% Design Submittal package.
The final submittal shall consist of final Plans and Specifications, signed, stamped and dated by CONSULTANT in responsible charge for their preparation, including PEER Review Statement, and be considered ready to bid. The final submittal shall be ready for CITY staff approval signatures.
Deliverables:
Stamped, signed, and dated Final Plans for CITY signature (two original hard copies and electronic files in AutoCAD and PDF formats).
Stamped, signed, and dated Final Specifications and supporting documents meeting CITY’s requirements for bidding purposes (two original hard copies and electronic files in MS Word and .PDF formats).
Final Engineer’s cost estimate (two hard copies and electronic files in MS Excel and .PDF formats).
Final construction schedule (two hard copies and electronic files in MS Project and .PDF formats).
TASK 8: BID SUPPORT ASSISTANCE
With the completion of the Final Bid PS&E for Construction Bidding, CONSULTANT will assist the City through the bid period as summarized below. All Services completed within this Task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing Services.
The scope for bidding assistance to be provided by Consultant is comprised of the following tasks:
Responding to bidder questions
Prepare bid addenda technical documents. The Schedule of Fees assumes that one (1) addendum may be prepared Assist City in evaluating bid results
Attend one (1) pre-bid site walk
If addenda are issued that significantly modify the Plans or Specifications, Consultant will prepare a set of conformed construction documents that incorporates the changes made.
Deliverables:
Written clarifications and response to prospective bidders, if needed Addenda to the Bid Documents, if needed.
Written recommendation for award of contract, if needed.
Conformed construction documents, if needed.
TASK 9: CONSTRUCTION SUPPORT
Consultant will assist the City through the construction period as summarized below. All Services completed within this Task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing Services. The following is a summary of the assumptions:
Preconstruction Meeting
Upon written request by City, attend City’s Preconstruction Meeting and respond to preconstruction meeting questions.
Field Meeting-Special Meetings
Upon written request by City, attend up to two (2) field meetings to address issues or evaluate the progress of construction.
Review Contractor Submittals
Upon written request by City, Consultant will review submittals (including but not limited to materials, product data, product samples, technical submittals, shop drawings, and product warranties) submitted by the construction contractor in relation to the bid items identified in the bid schedule and the project documents. Submittals will be routed to Consultant through e-builder and Consultant shall complete a review no later than seven (7) calendar days of receipt. Review of contractor submittals includes reviews, comments, and review of revised submittals, as necessary and as applicable for each submittal requested for Consultant review.
Respond To Contractor RFI’s & Change Orders
Upon written request by City, Consultant will respond to contractor Request for Information (RFIs) pertaining to the contract documents. Consultant will also assist the City in reviewing and responding to change orders submitted by the construction contractor. Consultant shall provide a response to RFIs no later than seven (7) calendar days of receipt.
Deliverables:
Shop drawing and submittal comments, completed through e-builder, as requested.
RFI responses, as requested.
Site visit memoranda, as required.
Drawings and specifications for supplementing, clarifying, and/or correcting the contract documents and for design related change orders.
Change orders, as required.
TASK 10: RECORD DRAWINGS AND PROJECT CLOSE-OUT
CONSULTANT will assist the City with post construction services as summarized below. All Services completed within this Task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing any Services.
Punch List Meeting
Upon written request by City, Consultant will attend one (1) meeting at substantial completion of Project for review of punch list items.
Prepare Record Drawings
Upon written request by City, Consultant will provide one set of record drawings in PDF format for the Project. It is assumed that as-builts will be redlined by the construction contractor which will serve as the as-builts. Consultant assumes that they will not be required to translate the contractor redlines into AutoCAD redlines, but will be responsible for reviewing contractor redlines for accuracy and consistency with Consultant’s knowledge of changes made during construction.
Deliverables:
Meeting notes or responses, as requested.
Record drawings in PDF format, as requested.
OPTIONAL TASK 1: ADDITIONAL RAMP DESIGN
If and when authorized by CITY, CONSULTANT shall provide engineering design services for additional ramps as requested by City. CONSULTANT shall complete the 35%, 65%, 95%, 100% construction package documents and include additional curb ramps in the final bid documents, when requested by the CITY. Exhibit B: Schedule of Fees assumed up to 35 curb ramps, and no pedestrian push button needed at the intersection corners.
ADDITIONAL SERVICES
City may identify additional ADA improvement, bicycle wayfinding, or related projects during the term of this Agreement. Subject to applicable procurement requirements, budget appropriations, and required approvals, City and Consultant may add such projects by a written amendment identifying the additional scope, schedule, and compensation. Consultant shall not perform services for an additional project unless and until the amendment is fully executed and City authorizes the work in writing. City is not obligated to assign any additional work to Consultant.
EXHIBIT A2
SCOPE OF SERVICES for bicycle wayfinding
GENERAL, PROJECT DESCRIPTION, AND REQUIRED SERVICES
General:
Tetra Tech and Alta Planning + Design as a sub-consultant to Tetra Tech (CONSULTANT) shall provide engineering design services to prepare bid documents (plans, specifications, and engineer’s estimate - PS&E) for public works bidding of the Public Right-of-Way ADA Improvements & Bicycle Wayfinding (Project) under the Measure I Infrastructure Bond Program.
The purpose of this project component is to develop bicycle wayfinding concept plans and full construction designs for public works construction bidding. The list of bicycle route locations in this RFP is for informational purposes to assist interested firms in preparing their Proposal. The lists and maps of routes are based upon reports and recommendations from a Bicycle and Pedestrian Advisory Committee (BPAC) Wayfinding Subcommittee with minimal analysis performed by the City. The intention is that the lists of wayfinding route locations and their respective signage will be further checked, refined and determined through the course of services dependent upon preliminary engineering, concept developments, and cost estimates prepared by CONSULTANT to ensure a complete bicycle wayfinding plan for the routes included in the project.
The Services shall include the complete design of bicycle wayfinding routes and signs in the form of Plans, Specifications, and Estimate for public works construction bidding.
Table 1 and Figure 1 outline the 15 bicycle routes to be included in the Project. CONSULTANT shall review all information including existing bicycle network and provide recommendations on bicycle route modification and prioritization to Table 1.
Table 1: Potential Bicycle Routes
Route
Location
Distance (estimate)
1 San Tomas Aquino Creek Trail (STACT)
San Francisco Bay Trail to Homestead Road
5.5 miles
2 Tasman Drive
City of Sunnyvale to City of San Jose
1.5 miles
3 Agate Drive
Lawrence Caltrain Station to San Tomas Aquino Creek Trail
2.0 miles
4 Monroe Street
San Tomas Aquino Creek Trail to City of San Jose (Newhall Street)
2.5 miles
5 Cross Town: Cabrillo Avenue / Warburton Avenue / Monroe Street / Market Street / Park Avenue City of Sunnyvale (White Oak Lane) to City of San Jose City Limit (Newhall Street)
4.8 miles
6 Calabazas Boulevard, Pomeroy Avenue, Pruneridge Avenue Monroe Street to City of Cupertino City Limit (Apple Campus)
3.0 miles
7 Mini route around Caltrain Station
Caltrain Station to Santa Clara University
0.25 mile
8 Agnew Road / Garrity Way
Mission College to Guadalupe River Trail
3.2 miles
9 Benton Street
Monroe Street to El Camino Real
0.60 miles
10 Great America Way / Bowers Avenue
Bay Trail to Chromite Drive
3.4 miles
11 Lafayette Street/Basset Street
Great America Way to Reed Street (Laurelwood to Reed is currently under construction)
4.4 miles
12 Los Padres Boulevard
Monroe Street to Pruneridge Avenue
2.5 miles
13 Stevens Creek Boulevard
City of Cupertino limit to City of San Jose limit
3.2 miles
14 Homestead Road
Lawrence Expressway to Lafayette Street
3.1 miles
15 Guadalupe River Trail
Lafayette Street & Great America Way to River Oaks overcrossing
2.3 miles
Figure 1: Potential Bicycle Routes
Document Accessibility Requirement of Public-facing Deliverables:
CONSULTANT shall ensure that all Information and Communication technology (ICT) deliverables, including but not limited to electronic documents, PDFs, and web-based applications, comply with the accessibility standards defined in Section 508 of the Rehabilitation Act and Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If deliverables are found to be non-compliant, CONSULTANT will be asked to correct deficiencies within a specified timeframe at their own expense.
RESPONSIBILITIES OF CITY
CITY can provide the following information and support regarding the bicycle wayfinding project as-available and applicable:
Record drawings (as-available)
CITY’s Standard Details, Specifications, Benchmark, and Design Criteria.
Storm Drain (SD), Sanitary Sewer (SS), Electric, Fiber, Water and Recycled Water Block Book Maps (as-available).
Geographic Information System (GIS) data including land parcels, street centerlines, City sanitary sewers, City storm drains, aerial photographic tiles, and latest bikeway lines available.
ADA Plan, Bicycle Plan, and Pedestrian Master Plan
Filing exemption under the California Environmental Quality Act, if applicable.
BPAC’s 2019 and 2026 reports on bicycle wayfinding.
Payment of permit application fees to agencies for construction permits, if required; City may assign Consultant as the City’s agent in applying for and obtaining permits for construction (e.g. Valley Water encroachment permit, County encroachment permit, Caltrans permit).
Any permits required for the professional Services to be provided by Consultant during the design phase shall be secured and paid by Consultant. Fees for said permits, if required, may be pass-through reimbursed by City to Consultant without markups through Consultant’s invoicing
BASIC SCOPE OF SERVICES
The Basic Scope of Services includes all professional services required to analyze, design, and prepare concept designs and construction bid documents (plans, specifications, and engineer’s estimate or PS&E) for the Bicycle Wayfinding Project.
TASK 1: PROJECT MANAGEMENT AND COORDINATION
The Project is funded by the CITY’s Measure I – Public Facilities and Infrastructure Bond Measure. The project budget and expenses for the Bicycle Wayfinding project shall be tracked separately from the ADA Improvements project component.
CONSULTANT shall:
Manage its team and overall project activities consistent with the direction from CITY in order to meet the project schedule and budget.
Develop and maintain a three-tier quality control system that includes: (1) peer review of materials, (2) independent review by principals, and (3) in-house scheduling and management tools. CONSULTANT will coordinate with CITY, project team members, consultants, and key project stakeholders as required throughout the duration of the project as well as the Quality Assurance/Quality Control (QA/QC) activities for project deliverables.
Prepare, monitor, and update progress schedule beginning at the kickoff meeting and ending at contract award for the last construction 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.
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.
Provide monthly progress reports.
Conduct QC reviews in accordance with its QA Program guidelines. Time spent for QA-QC reviews for specific deliverables shall be budgeted and billed under each respective task requiring QA-QC review and not as Project Management.
Invoicing and Contract Administration: CONSULTANT administrative staff time spent preparing invoices for Services complete shall be considered as included in the overhead of the CONSULTANT’s basic hourly rates and shall not be billed. Additionally, addressing administrative issues regarding the professional Services agreement, such as preparing additional Services requests or budget modifications, shall also be considered as included in the overhead of the CONSULTANT’s basic hourly rates and shall not be billed.
Deliverables:
Progress schedule (submitted electronically as an 11” x 17” pdf file), with monthly updates.
Meeting agendas, preparation materials, and meeting minutes for each project meeting (in pdf file), including kick-off meeting minutes.
Monthly progress reports and invoices (in pdf file).
TASK 2: EXISTING CONDITIONS, SITE EVALUATION, AND DOCUMENT REVIEW CONSULTANT shall utilize CITY aerials, utility maps, right-of-way maps, and online mapping services to identify possible existing posts, streetlight poles, or locations for new posts to install proposed signs at all crossings. CONSULTANT shall supplement task with field visits to verify locations. It is assumed that CONSULTANT will spend up to 16 hours of staff time for field review.
CONSULTANT shall review CITY’s existing bicycle network and become familiar with CITY’s currently underway and future planned bicycle projects.
CONSULTANT shall review and become familiar with CITY resources and other relevant wayfinding references including, but not limited to:
Santa Clara Bicycle Plan Update, 2018
Santa Clara Pedestrian Master Plan, 2019
CA MUTCD
Caltrans Standard Plans
NACTO – Bike Route Wayfinding and Urban Bikeway Design Guide Santa Clara VTA Bicycle Technical Guidelines
City Bicycle and Pedestrian Advisory Committee (BPAC) Wayfinding recommendations report and maps CONSULTANT shall use resources as guide for design.
CONSULTANT shall develop a technical memorandum, which includes a summary of principles for developing an active modes wayfinding strategy and will contain an explanation of signage and wayfinding elements, principles for destination selection, prioritization, sign typologies, and best practices in sign placement guidelines. CONSULTANT will submit a draft memo and respond to one (1) set of City comments to prepare the final memo.
Deliverables:
Technical Memorandum: Evaluation Memo containing field review, analysis, conclusions, and recommendations (Draft and Final).
TASK 3: CONCEPT PLANS (35% DESIGN)
Upon CITY’s approval of the technical memorandum in Task 2, CONSULTANT shall:
CONSULTANT shall review proposed list of up to 15 proposed project routes (See Table 1) to determine if routes should be modified, removed, or added. CONSULTANT will conduct one (1) working session of up to two (2) hours with the City to review each route on the list. After the working session, CONSULTANT will submit a final list of wayfinding routes for one (1) round of City review. CONSULTANT will incorporate the City’s final comments into a Final Wayfinding Routes list which will be the basis of the prioritization, design and placement tasks. In coordination with CITY, CONSULTANT shall finalize list of wayfinding routes and numbering/naming conventions.
CONSULTANT, in conjunction with the CITY, shall develop and prioritize a list of geographic locations, landmarks, and points of interest to be identified on wayfinding signs. CONSULTANT shall develop a tier system to standardize sign designs and presented in tabular form.
Based on findings in Task 2, CONSULTANT shall identify “Direction,” “Turn,” and “Confirmation” sign locations along project routes and information to be displayed on each sign. CONSULTANT shall provide complete sign inventory for each route. Results shall be presented in tabular form.
CONSULTANT shall provide distance calculations from each sign location to the noted destination in distance (miles) and time (minutes) by bike travel and presented in tabular form.
CONSULTANT shall research bicycle route numbering schemes from neighboring cities and Santa Clara County and provide recommendations on bike route numbers.
CONSULTANT shall conduct one (1) meeting with the BPAC Wayfinding Subcommittee to solicit feedback on the route layout, route numbering scheme, key destinations, and concept designs before formally presenting it to the BPAC meeting.
CONSULTANT, in conjunction with the CITY, shall develop concept designs for sign layout, branding, logos, colors, typeface, sizes, pole types, and materials. CONSULTANT shall prepare a minimum of three (3) alternatives for sign designs for CITY approval.
CONSULTANT shall develop a prioritization plan for implementation, phasing and cost estimates for each route presented in tabular form.
Prepare one set of preliminary design plans (35% level) of Bicycle Wayfinding for use in exhibits and/or contract drawings. At a minimum, the 35% design plans shall include, but not limited to, existing utilities, City right-of-way lines, locations of bicycle wayfinding signs, and aerial imagery.
Under this Task, CONSULTANT shall confer with CITY regarding appropriate standards to be used for design (e.g. CITY Standard Plans, Caltrans Standard Plans, CA MUTCD, Caltrans DIB, etc).
Provide an Implementation Guide that will include recommendations on phasing with a priority implementation matrix based on the outcomes of tasks 3.1 and 3.2.
Based on the prioritization plan, coordinate with the CITY to finalize a list of routes for 65%, 95%, 100% PS&E and Final Bid Set.
It is anticipated that CONSULTANT shall employ the use of City Standard Details and supplemented with modified Caltrans details as needed where no appropriate City Standard Detail exists to address the proposed design.
Deliverables:
One (1) Meeting with BPAC Wayfinding Subcommittee and summary of the subcommittee comments Initial Sign Design Concepts and Revised Sign Design Concepts after feedback from CITY and BPAC Subcommittee (showing typical sign layout, branding, logos, colors, typeface, sizes, pole types, and pole/sign materials) Tables showing list of routes, naming/numbering conventions, wayfinding destinations and prioritization tiers, sign locations and types (“Direction,” “Turn,” or “Confirmation”), messaging for each sign, wayfinding destination distances for each sign, route prioritization, project phasing, and construction cost estimates per route.
Conceptual Sign Installation Plans (35% Design) & Construction Cost Estimate Project phasing document
TASK 4: COMMUNITY OUTREACH
Note: All community meetings will be publicly noticed to ensure maximum attendance. All public notices will be in English, Chinese, and Spanish – the three primary languages spoken at home in Santa Clara. CONSULTANT shall ensure the availability of translators and sign language interpreters at community meetings if requested.
Project Promotion/Website
CONSULTANT shall:
Create content to be placed on a project website that will be hosted by the CITY to promote outreach and education materials, document meetings and announce public events.
Create, produce, and install up to one hundred (100) roadway signs with project information to be placed along proposed bicycle routes on street poles. Consultant shall remove the signs after community outreach phase is concluded. Sign material is corrugated plastic 24” x 48” without sharp edges and signs shall be installed as per City requirements.
Community Survey: CONSULTANT shall create one (1) online community survey to obtain public input. The survey shall be used in addition to the website and community outreach events and shall align with the community meeting.
Outreach Events: CONSULTANT shall conduct outreach at a minimum of three (3) public events and/or pop-up events (i.e. farmer’s market, Bike to Work Day, Art & Wine festival), in order to inform the community of the bicycle wayfinding project and solicit feedback from the community about the conceptual design alternatives. One meeting may be a City Council Study Session.
Online Community Meeting
CONSULTANT shall conduct one (1) online-only community meeting to engage the public, solicit feedback, and report back to CITY staff on the community’s priorities. The consultant is encouraged to identify specific outreach techniques in the work plan to maximize public participation and hear the community’s voice. CONSULTANT shall introduce the project to the public, present and obtain public input on draft concept designs/alternatives at a community meeting. Public comments will be used to inform staff and the Council on preferred design.
CONSULTANT shall provide all of the materials necessary to conduct an online public meeting such as a PowerPoint presentation to support methods identified in the work plan.
CONSULTANT shall assist staff to advertise community meeting by preparing a writeup to be submitted to the City’s Communications Department for release through the City of Santa Clara website, City Manager blog, and social media channels such as Facebook, X, and Next Door.
Deliverables:
Outreach materials and summaries in a web friendly and accessible format Community survey (Draft and final)
Summary of survey results
Community meeting presentations and community engagement summaries TASK 5: BPAC REVIEW
The Bicycle Wayfinding project is subject to the City’s Complete Street Policy which requires that bicycle projects undergo a complete streets review by the Bicycle and Pedestrian Advisory Committee.
CONSULTANT will attend and present at the BPAC meetings and should support the City in providing information required for BPAC review. It is assumed that two BPAC meetings will take place: one review at the 35% to 65% PS&E design milestone, and second meeting to receive BPAC approval at the 65% to 100% design milestone.
CONSULTANT shall provide all of the materials necessary such as staff reports and PowerPoint presentations to support the BPAC meetings.
Deliverables:
BPAC staff reports for two BPAC meetings
Presentation at two BPAC meetings
Summary of BPAC comments and responses
TASK 6: BICYCLE WAYFINDING CITY COUNCIL MEETING
CONSULTANT shall:
Assist CITY staff with presenting the Bicycle Wayfinding design recommendations at a City Council meeting for approval.
Provide all of the materials necessary including a public-facing bicycle wayfinding final technical memorandum to present at the Council meeting.
Deliverables:
Staff report for Council Meeting
Final Conceptual Design Technical Memorandum
Presentation at City Council meeting
Task 7: AGENCY COORDINATION & PERMITTING
CONSULTANT will assist City staff to proactively coordinate discussion and design reviews with the following stakeholders, depending on the sign location and routes:
Santa Clara Valley Water
Caltrain
Santa Clara University
Mission College
Santa Clara Valley Transportation Authority (VTA)
Santa Clara County
City of Sunnyvale
City of San Jose
City of Cupertino
Caltrans
If any sign location is determined necessary to be installed outside CITY’s Right-of-Way, CONSULTANT shall be in the primary or lead role as CITY’s agent to acquire approval or permits required for the Project.
Deliverables:
External agency permit applications and approvals
TASK 8: IMPLEMENTATION PLAN AND 65% DESIGN
Upon approval of Task 3 through Task 7, CONSULTANT shall perform engineering and design activities to develop a 65% level of completion construction documents for all routes listed in Table 1. The 65% submittal shall be considered as a complete package necessary to bid the project, and subsequent submittals shall provide opportunities to further refine the contract documents.
Construction Documents
The 65% construction documents submittal shall follow the guidelines of the most current City Design Criteria and Standard Details and shall include Plans, Specifications, Engineer’s Cost Estimate, and Probable Project Construction Schedule, in accordance with the following:
The Plans shall be complete and show property lines, existing high-risk utilities, and major construction features. The 65% plan set will include:
Cover Sheet
Construction Notes
Sign index and schedule
Sign layout/placement plans
Details
CITY’s preferred plan format is 22” x 34” sized sheets at a legible scale.
Specifications shall include all Technical Specifications or Special Provisions required to construct the project. CITY will prepare the “upfront” contract specifications, i.e. Divisions 0 and 1 specifications of CITY’s boilerplate. CONSULTANT shall provide all information required for CITY to complete the boilerplate. This information includes:
Description of work
Type of Contractor’s License required
Schedule of Bid Prices
Requirements for Contractor’s Statement of Qualifications (e.g. experience requirements for previous construction contracts and contract values).
Recommendations for appropriate Liquidated Damages
Identification of any changes to the CITY’s boilerplate that are required CONSULTANT shall be familiar with CITY’s standard specifications and provide all Technical Specifications or Special Provisions such that they supplement, and do not conflict with, and are not redundant with the standard specifications. Changes to the CITY’s boilerplate or deviations from the standard specifications shall be addressed by incorporating appropriate information into the project Technical Specifications or Special Provisions.
The Engineer’s Cost Estimate shall be an itemized list of bid items and shall be accurate and prepared based upon current construction pricing and escalated to time of bid using engineering judgement. CONSULTANT shall review recent bids, and contact vendors, suppliers, and contractors as necessary to develop an accurate cost estimate.
The probable construction schedule will be used to establish the construction contract duration (e.g. number of working days) in the project specifications. The construction schedule does not need to be detailed, but it should contain enough information to accurately determine the contract duration.
CONSULTANT shall conduct a quality control (QC) review of the submittal in accordance with CONSULTANT’s Quality Assurance/Quality Control (QA/QC) program.
Response to Comments
CITY will circulate the submittal package to internal CITY departments for review and comments. CONSULTANT shall be responsible for submitting the package to external stakeholders if required. CONSULTANT shall prepare written responses to all written comments received. All redlined drawings shall be returned with CONSULTANT’s response on the redlined drawings.
CONSULTANT shall be responsible for resolving comments from each commenter and shall identify to CITY any comments that cannot be resolved. CONSULTANT shall conduct a 65% comments review meeting with CITY to discuss comments on the submittal package, to identify any significant design issues, and gain concurrence as to how the submittal shall be revised as appropriate to incorporate CITY’s comments. The review meeting will be held at CITY or online.
Deliverables:
65% Design Submittal Package (Plans, Specifications, Engineer’s cost estimate, and project construction schedule).
Written response to comments.
65% review meeting agenda and meeting minutes.
Task 9: 95% Construction Documents Package
CONSULTANT shall perform engineering and design activities to develop a 95% level of completion construction documents that include updated Plans, Specifications, Engineer’s Cost Estimate, Probable Project Construction Schedule, in accordance with the following:
Construction Documents:
The 95% submittal package shall incorporate comments received from CITY on the 65% submittal package. The submittal shall include a written response to CITY comments including a description of how the comments were/were not incorporated into the submittal package. All redlined drawings shall be returned with CONSULTANTS response on the redlined drawings.
CONSULTANT shall conduct a quality control (QC) review of the submittal in accordance with CONSULTANT’s Quality Assurance/Quality Control (QA/QC) program.
CONSULTANT shall submit the 95% plans to affected utility owners for their use and information.
Response to Comments
CITY will circulate the submittal package to internal CITY departments for comments. CONSULTANT shall be responsible for submitting the package to external stakeholders if required. CONSULTANT shall prepare written responses to all comments received. All redlined drawings shall be returned with CONSULTANTS response on the redlined drawings. 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 95% comments review meeting with CITY to discuss comments on the submittal package and gain concurrence as to how the submittal shall be revised as appropriate to incorporate CITY’s comments. The review meeting will be held at CITY.
Deliverables:
1. 95% Design Submittal Package (Plans, Specifications, Engineer’s cost estimate, and project bid and construction schedule), submitted electronically as PDF.
2. Written response to CITY comments on the 95% design submittal.
3. 95% review meeting agenda and meeting minutes.
Task 10: 100% Construction Documents Package
CONSULTANT shall finalize the Plans, Specifications, Engineer’s cost estimate, and construction schedule based on the 95% review comments from CITY. All outstanding comments and issues from previous submittals shall be incorporated into the 100% construction document package. The 100% Construction documents shall be considered as complete with no future revisions planned nor deemed necessary.
The 100% construction package shall include final Plans, Specifications, Engineer’s Cost Estimate, and Probable Project Construction Schedule, in accordance with the following:
The 100% construction package shall incorporate comments received from CITY on the 95% submittal package. The submittal shall include a written response to CITY comments including a description of how the comments were/were not incorporated into the submittal package. All redlined drawings shall be returned with CONSULTANTS response on the redlined drawings.
CONSULTANT shall conduct a quality control (QC) review of the submittal in accordance with CONSULTANT’s Quality Assurance/Quality Control (QA/QC) program.
PEER Review: Peer review shall have been accomplished by this stage, with the statement and signature on the cover sheet. The professional shall sign, date and seal the following Certification of Peer Review on a letterhead document with the transmittal of the final plans and specifications:
“The undersigned hereby certifies that a professional peer review of these plans and the required designs was conducted by me, a professional engineer with expertise and experience in the appropriate fields of engineering equal to or greater than the Engineer of Record, and that appropriate corrections have been made.” The PEER Review Statement shall also be placed on the plans title sheet and signed by the responsible individual.
CONSULTANT shall review previous projects of agencies near CITY and prepare a list of potential bidders for the project.
Response to Comments
CITY will circulate the submittal package to internal CITY departments for comments. CONSULTANT shall be responsible for submitting the package to external stakeholders if required. CONSULTANT shall prepare written responses to all comments received. All redlined drawings shall be returned with CONSULTANT’S response on the redlined drawings. 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 100% comments review meeting with CITY to discuss comments on the submittal package and gain concurrence as to how the submittal shall be revised as appropriate to incorporate CITY’s comments. The review meeting will be held at CITY.
Deliverables:
1. 100% Design Submittal Package (Plans, Specifications, Engineer’s cost estimate, and project bid and construction schedule).
2. Written response to CITY comments on the 100% design submittal.
3. 100% review meeting agenda and meeting minutes.
4. List of potential bidders in MS Excel format and shall include the company’s name, email address, contact number, and address of business.
5. One original Verification of Digital Signature Letter and three sets of original signed plans to be submitted to the Building Department.
Task 11: Final Bid Set Documents
The submittal shall be considered as a limited submittal to formalize and sign the Final Bid Set documents, and resolution of any minor issues remaining from the 100% Design Submittal package.
The final submittal shall consist of final Plans and Specifications, signed, stamped and dated by CONSULTANT in responsible charge of their preparation, including PEER Review Statement, and be considered ready to bid. The final submittal shall be ready for CITY staff approval signatures.
Deliverables:
Stamped, signed, and dated Final Plans for CITY signature (two original hard copies and electronic files in AutoCAD and PDF formats).
Stamped, signed, and dated Final Specifications and supporting documents meeting CITY’s requirements for bidding purposes (two original hard copies and electronic files in MS Word and .PDF formats).
Final Engineer’s cost estimate (two hard copies and electronic files in MS Excel and .PDF formats).
Final construction schedule (two hard copies and electronic files in MS Project and .PDF formats).
TASK 12: BID SUPPORT ASSISTANCE
With the completion of the Final Bid PS&E for Construction Bidding, CONSULTANT will assist the City through the bid period as summarized below. All Services completed within this Task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing Services.
The scope for bidding assistance to be provided by Consultant is comprised of the following tasks:
Attend one (1) pre-bid meeting
Responding to bidder questions based on Consultant’s allotted hours.
Prepare bid addenda technical documents.
Assist City in evaluating bid results
If addenda are issued that significantly modify the Plans or Specifications, Consultant will prepare a set of conformed construction documents that incorporates the changes made.
Deliverables:
Written clarifications and response to prospective bidders, if needed Addenda to the Bid Documents, if needed.
Written recommendation for award of contract, if needed.
Conformed construction documents, if needed.
TASK 13: CONSTRUCTION SUPPORT
Consultant will assist the City through the construction period as summarized below. All Services completed within this Task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing Services. The following is a summary of the assumptions:
Review Contractor Submittals
Upon written request by City, Consultant will review submittals (including but not limited to materials, product data, product samples, technical submittals, shop drawings, and product warranties) submitted by the construction contractor in relation to the bid items identified in the bid schedule and the project documents. Consultant shall review submittals based on the allotted hours for this task. Submittals will be routed to Consultant through e-builder and Consultant shall complete a review no later than seven (7) calendar days of receipt. Review of contractor submittals includes reviews, comments, and review of revised submittals, as necessary and as applicable for each submittal requested for Consultant review.
Respond To Contractor RFI’s & Change Orders
Upon written request by City, Consultant will respond to contractor Request for Information (RFIs) pertaining to the contract documents.
CONSULTANT will review the contractor’s change order requests and provide recommendation to the City on whether to approve or deny. This task assumes up to three (3) change order requests will be reviewed.
CONSULTANT shall provide a response to RFIs no later than 72 hours of receipt. This task assumes responses to up to ten (10) RFIs.
Site Visit
CONSULTANT attend a site walk through with the contractor and City staff to observe the progress of construction, respond to questions, and identify any issues.
Deliverables:
Shop drawing and submittal comments, completed through e-builder, as requested.
RFI responses, as requested.
Site visit memoranda, as required.
Drawings and specifications for supplementing, clarifying, and/or correcting the contract documents and for design related change orders.
Change orders, as required.
TASK 14: RECORD DRAWINGS AND PROJECT CLOSE-OUT
CONSULTANT will assist the City with post construction services as summarized below. All Services completed within this Task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing any Services.
Final Project Site Visit Punch List Meeting
CONSULTANT will attend a final project site visit with the contractor and City staff at stage of substantial completion.
Upon written request by City, CONSULTANT will attend one (1) meeting at substantial completion of Project and complete a project construction punch list.
Prepare Record Drawings
Upon written request by City, Consultant will provide one review of record drawings in PDF format for the Project. It is assumed that as-builts will be redlined by the construction contractor which will serve as the as-builts. Consultant assumes that they will not be required to translate the contractor redlines into AutoCAD redlines, but will be responsible for reviewing contractor redlines for accuracy and consistency with Consultant’s knowledge of changes made during construction.
Deliverables:
Site visit at substantial completion and punch list.
Meeting notes or responses, as requested.
Record drawings in PDF format, as requested.
ADDITIONAL PROJECTS
City may identify additional ADA improvement, bicycle wayfinding, or related projects during the term of this Agreement. Subject to applicable procurement requirements, budget appropriations, and required approvals, City and Consultant may add such projects by a written amendment identifying the additional scope, schedule, and compensation. Consultant shall not perform services for an additional project unless and until the amendment is fully executed and City authorizes the work in writing. City is not obligated to assign any additional work to Consultant.
EXHIBIT B
SCHEDULE OF FEES
GENERAL PAYMENT
Billing shall be on a monthly basis based on the services performed for each task. Consultant shall, during the term of this Agreement, invoice the City for hours and dollars of work completed under this Agreement. The invoice shall describe the Task invoiced, percent complete of the Task, time and materials expended by Task, and total amount during the invoice period. The invoice shall also show the total to be paid for the invoice period. All invoices shall provide a written description of work performed during the invoice period, deliverables completed, and progress to date on Tasks being invoiced in order to support the amount invoiced.
The total payment to the Consultant for Basic Services, as stated in Exhibit A1 and Exhibit A2, shall not exceed $1,411,377. The amount billed to City for Additional Services shall not exceed the sum of $196,731. In no event shall the amount billed to City by Consultant for services under the Initial Term of this Agreement exceed $1,608,108, subject to budget appropriations.
BASIC SERVICES
The total payment to Consultant for all work necessary for performing all Tasks, as stated in Exhibit A1 and Exhibit A2, Scope of Services, shall be in proportion to services rendered and on a time and materials not-to-exceed basis.
The Consultant fee allocated to each Task, as shown below, shall be the Consultant’s full compensation for all the Consultant services required by this Agreement, as directed by the City, and no additional compensation shall be allowed. City may reallocate budget from Tasks to other Tasks or to or from Additional Services. The Consultant shall bill time and materials spent on a Task under the appropriate Task and will not be allowed to charge to future or inactive tasks unless approved in writing by City. The Consultant shall provide a summary of dates and hours charged per date by individual, and individual timesheets, if requested by City. The hours and amounts charged to each Task shall be proportionate to the services rendered.
Tasks denoted as Optional Tasks, as stated in Exhibits A1 and A2, require pre-approval in writing by CITY prior to performing any services under the task. Payment for any Optional Task is allowed only if written authorization is given by the City in advance of the work to be performed. Fees for Optional Tasks shall be considered as Basic Services.
The total amount of all the Tasks is a not-to-exceed amount. Figures in the following table include all subconsultant costs, reimbursable expenses, and administrative markups. The following table is a summary of the Tasks based upon the Proposal submitted by Tetra Tech on July 13, 2026 and agreed by CITY and CONSULTANT incorporated herein by reference.
CONSULTANT shall invoice time and expenses according to the subtasks identified in the Proposal. The time and expenses billed for subtasks may vary above or below the fees identified in the Proposal provided that the total billed for all subtasks billed under a Task remains within the Fee established for the Task. Upon mutual agreement between CITY and CONSULTANT in writing, subtasks may be combined as needed to facilitate CONSULTANT’s invoicing.
Table 1: ADA Improvements Cost Proposal Summary
Description
Amount
Task 1
Project Management
$ 17,990
Task 2
Site Investigation & Preliminary Design
$ 53,985
Task 3
Preliminary Engineering (35% Design)
$ 307,600
Task 4
65% Plans, Specifications, and Estimate (PS&E)
$ 327,905
Task 5
95% PS&E
$ 94,410
Task 6
100% PS&E
$ 53,435
Task 7
Final Bid Set
$ 44,090
Task 8
Bid Support
$ 14,640
Task 9
Construction Support
$ 40,660
Task 10
Project Close Out & Record Drawings
$ 17,160
Optional Task
Additional Ramp Design (Up to 35 Ramps)
$ 140,000
Total
$ 1,111,875
Table 2: Bicycle Wayfinding Cost Proposal Summary
Description
Amount
Task 1
Project Management
$34,203
Task 2
Existing Conditions & Data Review
$31,698
Task 3
Concept Development (35% Design)
$63,297
Task 4
Community Outreach
$35,037
Task 5
BPAC Coordination
$7,145
Task 6
City Council Meeting
$5,120
Task 7
Agency Coordination & Permitting
$2,961
Task 8
65% Plans, Specifications, and Estimate (PS&E)
$32,533
Task 9
90% PS&E
$25,544
Task 10
100% PS&E
$24,438
Task 11
Final Bid Set
$3,561
Task 12
Bid Support
$11,063
Task 13
Construction Support
$15,649
Task 14
Project Close Out & Record Drawings
$5,253
Other Direct Charges including Reimbursable Expenses
$2,000
Total
$ 299,502
In no event shall the amount billed to City by Consultant for Basic Services under this Agreement exceed One Million Four Hundred Eleven Thousand Three Hundred Seventy Seven dollars ($1,411,377), subject to budget appropriations.
REIMBURSABLE EXPENSES
Reimbursable Expenses shall not exceed $1,500 without prior written approval by the City. The amount allocated for Reimbursable Expenses shall be the Consultant’s full compensation for all Reimbursable Expenses required for the Project and by this Agreement, as directed by the City, and no additional compensation shall be allowed. Reimbursable expenses shall be billed at cost without any markup. Receipts and invoices detailing the Reimbursable Expenses shall be included with each billing where a Reimbursable Expense is invoiced.
Reimbursable Expenses are in addition to compensation for Basic and Additional Services. The following is a sample of items that are included as part of the Basic Services and are not considered Reimbursable Expenses:
Basic Office Expenses such as overhead, paper, pens, pencils, ink cartridges Insurance Expenses, Applicable Taxes, Computer Time
Travel Expenses (local and long distance), including meals and gas Faxes
Local and Long Distance Telephone Expenses (land lines and cellular phones) US Mail
Paper Cost
Copying Cost
Plotting Cost
Reimbursable Cost may include:
Outside Duplicating Cost for Plans and Reports as specified in Scope of Work, of Exhibit A1 and A2 Presentation Materials.
Delivery Services, when requested by City.
Courier Services when requested by City.
Project signs for Bicycle Wayfinding.
City may re-allocate remaining budget from reimbursable costs to Additional Services. All reimbursable costs, other than those listed above, shall be pre-approved in advance by City.
ADDITIONAL SERVICES
Additional Services consists of work not included in the Scope of Services outlined within this Agreement. Pre-approved Additional Services shall be billed to City at the fixed hourly rates shown below in Section V, RATE SCHEDULE, or at an agreed negotiated price. Monthly billing for Additional Services shall be consistent with the terms set forth in this Agreement. Payment for any Additional Services is allowed only if written authorization is given by the City in advance of the work to be performed. Additional Services shall not exceed $196,731 without approval by the City.
RATE SCHEDULE
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.
Rates by classification are listed below and shall be fixed through December 31, 2026. Any classifications added, or staff members changing classifications, shall be approved in writing by City.
After December 31, 2026, rates may be adjusted as described herein. CONSULTANT shall propose any adjusted rates in writing for CITY’s consideration and acceptance in writing. Adjusted rates shall be no more than the percentage of difference between the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward, CA, area between the effective date of this Agreement and the CPI as may be available and nearest to and in advance of the month in which the adjustment is contemplated and shall be capped at a maximum of 5% for each adjustment. Only one adjustment is allowed per annum.
Consultant understands and agrees that adjustments to rates does not cause an adjustment in the Fees established for tasks or adjustment to the maximum compensation under this Agreement. Consultant shall be required to provide the full services as described in Attachment A in accordance with the Fees established in this Attachment B, regardless of adjustments to rates.
Classification
Hourly Rate
Principal Engineer
Project Manager
QAQC Engineer
Senior Civil Engineer
Civil Engineer II
Civil Engineer I
Land Surveyor
QAQC Land Surveyor
Project Surveyor I
2 Man Crew (Prevailing Wage)
Senior Electrical Engineer
Electrical Engineer I
Electrical Engineer II
$ 395
$230
$265
$220
$150
$125
$185
$210
$115
$380
$340
$120
$150
Sub-consultant Alta Planning + Design:
Classification
Hourly Rate
Project Director
Project Manager
Wayfinding and Des. Advisor
QAQC Engineer
Engagement Lead
Planning Associate I
Graphic Design Associate I
Landscape Designer II
Engineering Designer III
Planner II
Project Accountant
$ 252
$231
$241.50
$315
$294
$189
$189
$147
$231
$157.50
$131.25
Allowable sub-consultant markup: 6%
PAYMENT PROVISIONS
Accurate Invoice
Invoices shall be accurate, itemized, and submitted in a form acceptable to the City. If an invoice is incomplete or inaccurate, the City may return it to Consultant for correction and resubmittal before payment can be processed. Consultant shall not charge the City any interest, late fees, or penalties on any outstanding or delayed invoices due to inaccurate billing.
Billing for Billing
The City shall not pay for time associated with administrative or billing-related tasks, including but not limited to preparing responses to Work Requests, addressing billing issues, or communicating with auditors.
Payment
If there are no discrepancies or deficiencies in the submitted invoice and Consultant has submitted all required certified payroll, City shall process the invoice for payment.
Payment is Limited to Satisfactory Work
Consultant is not entitled to any payments for Services or furnished deliverables that do not comply with the requirements of this Agreement and the applicable professional standard of care until the City concludes that the Services and/or any furnished deliverables have been satisfactorily performed in accordance with such requirements.
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor’s insurance. The minimum coverages, provisions and endorsements are as follows:
COMMERCIAL GENERAL LIABILITY INSURANCE
Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
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.
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:
Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits; There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and 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.
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.
WORKERS’ COMPENSATION
Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
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).
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.
PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.
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.
Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.
Cancellation.
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.
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.
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.
ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
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.
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.
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.
EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.
EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara Department of Public Works
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
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.
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.
Prevailing Wage Requirements
Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.
Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .
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.
As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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 Contractor’s address indicated for receipt of notices in this Agreement.
Enforcement
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.
Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
Design Professional Agreement with Tetra Tech Page 1
Rev. 08/21/2026
Design Professional Agreement with Tetra Tech/Exhibit A1-Scope of Services for ADA Improvements Rev. 07/01/2026 Page 1
Design Professional Agreement with Tetra Tech/Exhibit A2-Scope of Services for Bicycle Wayfinding Rev. 07/29/2026 Page 1 Design Professional Agreement with Tetra Tech/Exhibit B-Schedule of Fees Page 1 Rev. 07-14-2026
Design Professional Agreement with Tetra Tech/Exhibit C-Insurance Requirements Page 1 Rev. 09-28-18
Design Professional Agreement with Tetra Tech/Exhibit D-Labor Compliance Page 3 Rev. 09-28-18