Design Professional Agreement with BKF Engineers Page 1 of 8 Rev. 09-28-18
EBIX Insurance No. S200005968
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
BKF ENGINEERS
FOR
BENTON STREET BIKEWAY AND PAVEMENT REHABILITATION PROJECT
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and BKF Engineers, a California corporation, (Contractor). 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
A. City desires to secure the design professional services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”; B. “Design professional” includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; C. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
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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.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the date this Agreement is signed by both Parties and terminate on December 31, 2029. Services may commence upon City issuing a written notice to proceed.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
A. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Contractor shall be approved and signed by an appropriate qualified licensed professional in the State of California.
B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.
4. WARRANTY
Contractor expressly represents that services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. 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 services, City may make corrections or replace services and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRA CTOR - 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,
Design Professional Agreement with BKF Engineers Page 3 of 8 Rev. 09-28-18
expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is eight hundred and forty-seven thousand five, hundred and nine dollars ($847,509), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. City s hall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.
B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
C. Upon termination, each Party shall assi st the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or 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.
Design Professional Agreement with BKF Engineers Page 4 of 8 Rev. 09-28-18
9. NO THIRD PA RTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSP ECT 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
Design Professional Agreement with BKF Engineers Page 5 of 8 Rev. 09-28-18
cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Contractor, its employees, subcontractors, or agents in the performance, or non-performance, of Services under this Agreement. With respect to claims alleging Contractor's professional negligence or professional liability, and only to the extent required by California Civil Code section 2782.8, Contractor's duty to defend obligation shall be met by reimbursing an indemnified party for indemnified party's costs of defense following a determination of Contractor's proportionate percentage of fault.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
Design Professional Agreement with BKF Engineers Page 6 of 8 Rev. 09-28-18
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Department of Public Works
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Contractor addressed as follows:
BKF Engineers
Attn: Marcelo Cosentino, Senior Project Director and Vice President 160 W Santa Clara St., #800
San Jose, CA 95113
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and
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following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
J ŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax:
(408) 241-6771
“CITY”
BKF ENGINEERS
a California corporation
Dated:
B
y (Signature):
Name:
Title:
Principal Place of
Business Address:
Email Address:
Telephone: ( )
Fax: ( )
“CONTRACTOR”
Design Professional Agreement with BKF Engineers Page 1 of 28 Exhibit A – Scope of Services
EXHIBIT A
SCOPE OF SERVICES
I GENERAL
DESCRIPTION OF PROJECT, SERVICES, AND OBJECTIVE
BKF Engineers (Consultant) shall provide engineering design services to prepare the design and construction bid documents (plans, specifications, and engineer’s estimate or PS&E) for public works construction bidding of the Benton Street Bikeway and Pavement Rehabilitation Project (Project).
The design professional services (Services) includes design of:
Pavement rehabilitatio n on Benton Street between Dunford Way and Monroe Street, and on Lincoln Street between Harrison Street and Homestead Road, including pavement evaluation and geotechnical investigation.
Americans with Disabilities Act (ADA ) compliant curb ramps at various locations within project boundaries where pavement treatment is considered an alteration under Title II of ADA.
Class II buffered (Class IIB) bicycle facilities on Benton Street between Dunford Way and Maryann Drive, with Class IV separated bicycle facilities fronting Santa Clara high school.
Class III bicycle boulevard (Class IIIB) bi cycle facilities with speed cushions on Benton Street between Maryann Drive and Lincoln Street. Class II buffered (Class IIB) bicycle facilities on Benton Street between Lincoln Street and Monroe Street.
Class II buffered (Class IIB) bicycle facilities on Lincoln Street between Harrison Street and Homestead Road.
Traffic signal modifications to a ccommodate bicycle facilities at the intersection of Lincoln Avenue with Homestead Road, and at traffic signals intersecting Benton Street at (1) Lawrence Expressway, (2) Pomeroy Avenue, and (3) Kiely Boulevard.
The services also include the final design for the plans, specifications and estimate (PS&E), and the support for bidding, construction, and post-construction as described in this Scope of Services.
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:
Design Professional Agreement with BKF Engineers Page 2 of 28 Exhibit A – Scope of Services
To install bicycle facilities on Benton Street between Dunford Way and Monroe Street, and on Lincoln Street between Harrison Street and Homestead Road.
To perform pavement r ehabilitation on Benton Street between Dunford Way and Monroe Street, and on Lincoln Street between Harrison Street and Homestead Road.
BACKGROUND
The Scope of Services is based upon Consultant’s Proposal dated March 3, 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.
This project is funded in part by Transportation Fund for Clean Air (TFCA) administered by VTA and Bay Area Air Quality Management District and may be funded by multiple other sources, including 2016 Measure B Local Streets and Roads Program administered by Santa Clara Valley Transportation Authority (VTA), 2010 Measure B Vehicle Registration Fee (VRF) Local Road Improvement and Repair Program administered by VTA, Highway User Taxes (Gas Taxes), Senate Bill 1 Road Maintenance and Rehabilitation Program, and local funds.
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 these funds. City does not anticipate Caltrans approvals (E76) or LAPM documents for this project and are not included in this Scope of Services.
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:
o BKF Engineers
Subconsultant(s) to BKF Engineers:
o Cornerstone Earth Group – Geotechnical Investigations and Recommendations for Pavement
o 360 Aerial Surveys – Aerial Topographic Survey Services
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 BKF Engineers 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.
Design Professional Agreement with BKF Engineers Page 3 of 28 Exhibit A – Scope of Services
BASELINE SOLUTION AND ASSUMPTIONS
The purpose of the project is to perform pavement rehabilitation and install bicycle facilities on Benton Street between Dunford Way and Monroe Street, and on Lincoln Street between Harrison Street and Homestead Road. The City has identified resurfacing treatments and bicycle facilities along the Project roadways, summarized in the table below, but the resurfacing treatments and details of the improvements at each location will be further developed by Consultant through the course of services under this Agreement and is dependent upon services provided by Consultant.
Corridor Beginning End
Resurfacing
Treatment
Bicycle
Facility
Vertical
Elements
Benton St
Dunford
W
y
Lawrence
Exp
y
Surface
Reconstruction Class IIB -
Lawrence
Expy
Live Oak
Dr
AC Overlay (3’
mill w/ dig
outs
)
Class IIB -
Live Oak
Dr Kiely Blvd
AC Overlay (3’
mill w/ dig
outs)
Class IIB
&
Class IV
Delineators
fronting
Santa
Clara HS
Kiely Blvd Maryann
D
r Slurry Seal Class IIB -
Maryann
D
r Scott Blvd Slurry Seal Class IIIB 3 Speed
Cushions
Scott Blvd Lincoln St
AC Overlay (3’
mill w/ dig
outs
)
Class IIIB 2 Speed
Cushions
Lincoln St Monroe St Slurr y Seal Class IIB -
Lincoln St Harrison St Homestea
d Rd Slurry Seal Class IIB -
The table above and the improvements identified in the City’s RFP constitute the Baseline Solution considered in this Scope of Services and is the basis for the Scope of Services and Schedule of Fees for the Project. The Baseline Solution is further defined as inclusive of all design professional services to be provided by Consultant that is necessary for the construction to fully implement the improvements as complete and usable facilities, inclusive of all ancillary work involved in the Project design that is customary to a pedestrian improvement or transportation improvement project administered by a governmental agency.
The Baseline Solution is further defined to include all representations made in the City’s Request for Proposals, the Consultant’s proposal dated March 3, 2026, and subsequent negotiations between City and Consultant resulting in this Scope of Services represent the Baseline Solution to meet the Project Objective.
Design Professional Agreement with BKF Engineers Page 4 of 28 Exhibit A – Scope of Services
Should there be deviations from the Baseline Solution during the course of services 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 (Exhibit A) and Schedule of Fees (Exhibit B) of this Agreement
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
This Scope of Services and Schedule of Fees represents all design professional services anticipated to be provided by Consultant as necessary to implement the Baseline Solution. It is mutually agreed by City and Consultant that this Scope of Services incorporates Consultant’s professional qualifications and experience and is expected to meet City’s Objective.
Project Schedule
Consultant prepared a project schedule as part of its Proposal and is considered the agreed upon baseline project schedule for the purposes of this Agreement, and is incorporated into this Agreement by reference. After Notice to Proceed and after each milestone, Consultant will provide the City a revised schedule.
II RESPONSIBILITIES OF CITY
City will provide the following information regarding the Project as-available:
Record drawings, as-builts, and maps (as-available).
Information from City’s Street Saver pavement management system and Traffic Indices.
City’s Standard Details, Specifications, Benchmark, and Design Criteria. Storm Drain (SD), Sanitary Sewer (SS), Electric, Water and Recycled Water Block Book Maps (as-available).
Geographic Information S ystem (GIS) data including land parcels, street centerlines, City sanitary sewers, City storm drains, City water lines, City electric utilities, and aerial photographic tiles (as-available). Payment of permit fees to agencies fo r construction permits, if required; City may assign Consultant as the City’s agent in applying for and obtaining permits for construction (i.e. County encroachment permit).
Design Professional Agreement with BKF Engineers Page 5 of 28 Exhibit A – Scope of Services
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-thru reimbursed by City to Consultant without markups through Consultant’s invoicing.
III BASIC SCOPE OF SERVICES
The Basic Scope of Services includes professional Services required to design and prepare bid documents (plans, specifications, and engineer’s estimate or PS&E) for public works bidding of the Project. The following Tasks shall be completed by Consultant.
1 TASK 1: PROJECT MANAGEMENT
Consultant’s Project Manager will be responsible for managing the Project Team, providing the resources to complete the Services, monitoring and updating the Project budget and schedule, implementing a quality assurance/quality control program, communicating regularly with the City and Project stakeholders, preparing and distributing minutes, field reviews, tracking and following up on action items, and maintaining project documentation.
1.1 General Project Management
Throughout the duration of the Project, Consultant’s Project Manager will provide the general project administration and coordinate the design and approval process with the City.
Consultant will provide project management services for each Task beginning with the Notice to Proceed and ending upon completion of the Construction Documents Task (Task 3). Project management for subsequent Tasks (e.g. Task 6 Construction Support and Task 7 Project Closeout) shall be considered as incorporated in the Services and fees provided under those Tasks and not invoiced under the Project Management Task.
Consultant’s Project Manager will be responsible for ensuring that the Project Tasks are completed in a timely manner.
1.2 Project Kick-Off Meeting
A kick-off meeting will be scheduled with the City soon after the Notice-to-Proceed to confirm Project scope and objectives.
Consultant will meet with City staff to establish project expectations, discuss agency reviews and confirm the schedule for the Project.
Design Professional Agreement with BKF Engineers Page 6 of 28 Exhibit A – Scope of Services
1.3 Progress Meetings and Schedule
Consultant’s Project Manager will set up and run virtual meetings with the City after each deliverable/milestone submittal to review comments. Consultant’s Project Manager will discuss the Project progress, issues which may affect the Project schedule and budget, and any other agenda items that the City may request for discussion. Agendas, action logs, updated project schedules and meeting minutes will be prepared and distributed. Consultant’s Project Manager will ensure at least one meeting occurs monthly or during each stage of design (35%, 65%, 95%, and 100%) and will maintain continuous communication with the City to ensure the City’s goals and expectations are being satisfied.
During the course of Services while there is active Services on the Project, City and Consultant may schedule brief conference calls, as-needed, and at a frequency of no more than bi-weekly (every other week) to keep City appraised of the project’s progress and address any issues that may arise during the course of Services.
Conference calls shall not be considered as formal meetings and time for said calls may be considered and invoiced as Project Management.
Consultant’s Project Manager will be responsible for scheduling and sending out email invitations for all meetings, including preparing and distributing agendas and meeting notes for all meetings.
Consultant’s Project Manager will prepare and update the schedule for the entire project using Microsoft Project software, or similar, to be submitted at each milestone meeting, and any time milestone dates are changed. Project Schedule will include key milestones and agency review periods. Consultant shall notify City if there are delays in any phase of the project. In such cases, Consultant shall make up the schedule in subsequent phases of the project, if possible, or provide information to City substantiating a time extension.
A detailed project schedule was provided with Consultant’s proposal and updated during the preparation of this Agreement, and is incorporated into this Agreement by reference.
1.4 Invoices and Progress Reports
Consultant will prepare progress reports to be submitted with monthly invoices. The progress report will include Services provided during the invoice period, Services anticipated during the next invoice period, issues, and progress schedule.
Design Professional Agreement with BKF Engineers Page 7 of 28 Exhibit A – Scope of Services
Task 1 Deliverables:
1) Meeting agendas, materials, and meeting minutes for each Project meeting.
2) Project schedule and updates in MS Project format, or similar, (submitted electronically as a pdf file and in native format (if requested)).
3) Monthly progress reports and invoices.
2 TASK 2 – DATA GATHERING AND PRELIMINARY ENGINEERING
2.1 Existing Conditions, Constrai nts, and Initial Site Visit Consultant will visit the project site and investigate existing site conditions to identify opportunities, identify constraints, verify the presence of existing utilities and other conditions, and perform a visual inspection of the roadway pavement conditions and curb ramp locations. Portland Cement Concrete (PCC) portions of the roadways are not included in this Scope of Work.
Consultant will perform all necessary assessment and
investigations to determine the existing conditions and propose recommendations to City for the improvements. Arborist reports and investigations are excluded from this Task, but City Arborist will be involved to consult if necessary. Consultant will also contact all regulatory agencies that will affect the proposed works to determine applicable codes and ordinances.
2.2 Gather and Review Data and Existing Information
Consultant will research, obtain, and review available information necessary for the design of the Project. This information includes existing documentation related to the project and the surrounding areas, as well as environmental resources, including: survey and aerial photo data, right-of-way documents, as-built drawings, record drawings, relevant traffic data and studies, pavement condition assessments, standard provisions and details, design criteria, and City ordinances and policies. Consultant has or will also review additional documents and coordinate with other City Projects identified in the RFP:
Pedestrian Master Plan 2019.
Bicycle Master Plan Update 2018.
Vision Zero Draft Action Plan, for reference.
De La Cruz, Lick Mill, Scott Boulevards Bicycle Improvement Project will install bicycle lanes along Scott Boulevard and is Design Professional Agreement with BKF Engineers Page 8 of 28 Exhibit A – Scope of Services
anticipated to be constructed during design of this Project.
The projects will interface at the intersection of Benton Street and Scott Boulevard.
Uncontrolled Crosswalks Pr oject will install an enhanced crosswalk at Benton Street and Curtis Avenue.
Pavement Rehabilitation Pr oject along Pomeroy Avenue.
The projects will interface at the intersection of Benton Street and Pomeroy Avenue.
It is assumed that the type of Class IV bicycle separation will be buffered striping with flexible plastic delineators.
Consultant shall compile available pavement condition index, right- of-way record maps, title reports, utility occupation drawings, block maps, and third-party utility information of record to supplement the topographic base sheets and begin the utility verification process.
2.3 Field Investigati ons (Pavement Conditions)
This Task includes an overall project and pavement survey to confirm the rehabilitation treatment of each roadway segment.
Consultant shall observe the type and frequency of distress, identify digout/failed locations and determine recommended pavement coring locations. This limited site reconnaissance is not intended to provide detailed pavement condition index (PCI) evaluation or values. Full traffic control is not considered needed for this Task.
Consultant shall conduct a field review and identify all surface utilities, monuments, valve boxes, manhole covers, vaults, etc.
This information shall be transferred to the plans.
Consultant shall mark failed/digout areas in the field and transfer this information to the plans.
Consultant shall identify “edge conditions” or conform areas at the back of walk for potential impacts and encroachment on to private properties.
2.4 Utility Coordination
Consultant will perform utility record research to map utilities boxes, valve covers and manholes along Benton Street and along Lincoln Street within the project limits to be adjusted to grade, identify potential utility conflicts and coordinate with third party utility owners (such as SVP, PG&E, AT&T, Comcast and other impacted utilities within the Project area) to resolve conflicts. Per the RFP, full mapping of utilities will not be necessary unless a specific conflict is identified. However, utility surface features will be identified on the Design Professional Agreement with BKF Engineers Page 9 of 28 Exhibit A – Scope of Services
plans. Consultant will provide written notices describing the proposed construction schedule and Project limits. As part of the utility coordination Services, Consultant will:
Request utility mapping and as- builts from all affected utility owners.
Review as-built information for the Project area.
Identify surface utilities and monuments in the field. Display utility surface features on the plans.
Identify potential utility conflicts.
Prepare notices and exhibits for utilities in conflict with the work for purposes of coordinating with utility owner.
2.5 Topographic Survey Services and Right of Way
The Services provided in this subtask will be performed by Consultant with support from 360 Aerial Survey as a subconsultant to Consultant
Consultant will obtain aerial topo for the project site from 360 Aerial Survey and supplement this with field topographic survey of the work area sufficient to establish control for the project from benchmark information. Consultant survey will include the following:
Establish the Project Control (Consultant shall verify project control with City prior to performing work).
Perform field survey at intermedi ate intersections (total of 15 curb returns) to confirm existing conditions for curb ramp replacement. Map the locations of utilities within the limits of curb ramp replacement. These intermediate intersections (and number of curb returns) are as follows:
o Dunford Way (1)
o Wood Duck Avenue (4)
o Flora Vista Avenue (2)
o Fairfield Avenue (2)
o Uncontrolled Crosswalk 115’ east of Carmel Way (2)
o Lincoln Street (traffic signal) (4)
Identify existing features, including, but not limited to, curb ramps, curbs and gutters, trees, utilities, fences, pavement, drainage structures, trees, monuments, street signs, and other features required to design new sidewalks and for curb ramp replacement.
o Utilities may include water meters, backflow
prevention devices, fire hydrants, valves, utility boxes, utility poles, pole-mounted lights, drainage inlets,
manholes and cleanouts.
Design Professional Agreement with BKF Engineers Page 10 of 28 Exhibit A – Scope of Services
Identify slopes of pedestrian street crossings utilizing information collected from the aerial topo to review cross sections and cross slopes for consideration in pavement rehabilitation section design.
Use aerial photo and GIS as background with supplemental field survey.
Consultant survey will not include the following:
Resolved Boundary Survey
Record (Paper) Boundary
Easements
Construction Staking
Easement by Separate Instrument (Plat and Legals):
CONSULTANT is excluding the preparation of any
easements by separate instrument (plat and legals), except for those listed in the above scope.
Record of Survey
As-Built Survey
Consultant and City mutually assume that resolved right-of-way mapping is not required given that the project will not require acquisitions to support the proposed improvements. Boundary mapping will be from GIS and checked against available City and county record information. Right-of-Way lines should be displayed as generally correct on the plans per available record information but is not required to be fully resolved.
2.6 Geotechnical Investigations
The Services provided in this subtask will be performed by Cornerstone Earth Group (Cornerstone) as a subconsultant to Consultant. Cornerstone will perform geotechnical engineering in support of the project pavement evaluation and rehabilitation goals.
Cornerstone recommends performing pavement investigations using a two phased approach. City approval must be given in writing before beginning work on a phase.
Phase 1 – Site Reconnaissance and Pavement Distress Survey
Cornerstone will perform a general site reconnaissance to evaluate the existing pavement conditions and to determine recommended exploration locations and testing. Once the boring locations are marked, Cornerstone will notify USA so that utility locations can be checked prior to our exploration. This general site reconnaissance is intended to provide a qualitative overview of the pavement Design Professional Agreement with BKF Engineers Page 11 of 28 Exhibit A – Scope of Services
conditions and to aid in determining locations for coring and is not intended to provide detailed pavement condition index (PCI) evaluation or values at this time.
Phase 2 – Pavement Section Coring and Subgrade Sampling
To determine the existing asphalt concrete pavement sections, presence of pavement fabric, and identification of underlying subgrade material, Cornerstone will core the existing pavement, including full traffic control. It is anticipated by Cornerstone that the Project may require up to 20 cores, to be performed within the project limits. Preferred core locations will be roughly evenly spread out through the alignment, based on the site
reconnaissance, and in coordination with Consultant and the City.
Cores will be performed using portable coring and sampling equipment. Cores will extend to approximately 2 to 5 feet below existing AC grades by hand augering. Some cores should be located within distressed pavement areas, if applicable. Upon completion, cores will be backfilled with rock and quick-set, non- shrink grout.
Cornerstone will also test subgrade soils at up to five of the 20 core locations, in coordination with Consultant and City, for Resistance value testing (R-value, CAL 301) testing. Consultant intends to collect four along Benton Street and one along Lincoln Street.
The above Tasks will provide the most accurate estimates and in providing pavement maintenance and rehabilitation alternatives.
Traffic Control
The Schedule of Fees incorporate anticipated costs to provide one full traffic control plan to complete the field explorations described in this Task. Temporary traffic control will follow typical plans as published on City website and Caltrans Standard Plans. Site- specific temporary traffic control plans will not be provided. The Schedule of Fees includes all traffic control elements and documents necessary to provide the services under Task 2.
Cornerstone and Consultant shall coordinate with the City in advance of the field exploration to review the work plan, traffic control, including the day(s) and time(s) of closures, and to arrange oversight by City field staff of the work to be completed in the field.
Permits and Street Access
Design Professional Agreement with BKF Engineers Page 12 of 28 Exhibit A – Scope of Services
The Services are being provided for the City of Santa Clara under this Agreement. Therefore, any fees associated with lane closures, bonds, and encroachment permits will not be charged by the City.
Should fees become charged, such fees will be a pass-through cost to the City without markups.
Engineering Analysis and Report Preparation
The engineering analysis phase of Services will develop recommendations for pavement rehabilitation and/or repair alternatives. Cornerstone understands the City’s recommended maintenance and rehabilitation methods in the Baseline Solution.
Cornerstone will also provide additional maintenance and rehabilitation alternatives, if appropriate. The data obtained from the field exploration and laboratory testing program will be utilized in the engineering analysis.
Cornerstone will prepare one Pavement Investigation Report for the overall project. The report will include the following items:
Site plan showing core and deflection testing locations. Laboratory test results.
A detailed discussion of findings and recommendations, including:
o Limited pavement distress conditions.
o Deflection test results.
o Pavement treatment/repair alternatives.
2.7 Memorandum of Findings
Based on field evaluation and coordination with the City and Cornerstone, Consultant will prepare a brief memorandum documenting findings of Preliminary Engineering for City’s acceptance prior to moving into Construction Documents. The memorandum will include identification of constraints, approach to curb ramp replacement and identification of impacted traffic signal equipment due to ADA evaluation and curb ramp replacement.
2.8 Stormwater Treatment Evaluation (Preliminary)
Consultant understands the City desires that this project will not be a Regulated Project under the most recent Municipal Regional Permit. Consultant will recommend pavement treatments that do not trigger the project to become regulated and will be required to perform any necessary calculations or supporting documents to substantiate that the project as non-regulated. This Project is also Design Professional Agreement with BKF Engineers Page 13 of 28 Exhibit A – Scope of Services
not considered a candidate for any Green Stormwater Infrastructure (GSI), and no GSI is expected for the project.
Consultant will provide preliminary written calculations, documentation of findings and recommendations. Consultant assumes that this project falls under the MRP 3.0, Provision C.3., Type 5 Regulated Project, Road Reconstruction Projects requiring treatment for projects creating 1 acre or more of contiguous impervious surface. It is anticipated that for this Project, the combination of digouts and replacement of curb ramps will be under 1 acre of contiguous impervious surface and therefore is exempt, such that no permanent stormwater treatment will be required due to the “maintenance” nature of this work.
2.9 Preliminary (35%) Pr oject Plan Submittal
Consultant will provide confirmation of the City’s concept plans and improvements prior to proceeding with the 65% design.
The preliminary (35%) project plan/submittal will include:
Design showing lane widths, width of bicycle buffers, and treatments such as green pavement, buffers, and surface mounted delineators.
Designs highlighting major desi gn constraints and major cost items.
Identification of locations with damaged sidewalks, curb, gutter, and median curb, and non-ADA-compliant curb
ramps.
It is assumed that a cost estimate and technical
specifications will not be prepared for the preliminary plans/35% submittal.
Task 2 Deliverables:
1) Field Visit notes (Upon request by City).
2) Pavement Investigat ion/Geotechnical Report.
3) Utility Base Mapping.
4) Topographic survey information (Upon Request by City). 5) Memorandum of Findings.
6) Stormwater treatment prelim inary calculations and exhibit. 7) Preliminary (35% Design) Proj ect Plans, with comments review and responses.
8) All files including CAD files, MS Words, Excel, PDF copies. 3 TASK 3 – CONSTRUCTION DOCUMENTS (PS&E)
Design Professional Agreement with BKF Engineers Page 14 of 28 Exhibit A – Scope of Services
Upon completion of Task 2, Consultant will initiate the construction documents.
Construction documents will be based on:
Latest City Standard Spec ifications and Details
2025 Caltrans Standard Plans, Specifications, and Revised Standard Plans.
2026 California Manual on Uniform Traffic Control Devices (CA MUTCD)
If changes in the Scope of Services or Schedule of Fees under this Task are expected to be required by Consultant due to changes in the Baseline Solution identified during Task 2, Consultant and City shall confer prior to Consultant providing Services under this Task.
The Construction Documents will be progressively developed via four milestone submittals (65%, 95%, 100%, and Bid Set) per the subtasks described herein. In the case that additional submittals beyond what is listed in this Scope of Services is needed, Consultant and City shall confer prior to Consultant providing further Services.
3.1 65% PS&E Submittal
Because the 65% submittal will become the backbone of future design submittals, Consultant will solidify the design of the proposed improvements from comments received at the
Preliminary “35% Design” submittal. Consultant will prepare, coordinate and submit the following design plans:
Cover Sheet: This drawing will include the Project title, vicinity map, location map, drawing index, abbreviations and signature block.
General Notes Sheet: This drawing will include all City standard notes, project notes, and applicable utility notes pertinent to the Project.
Project Control Sheet: This drawing will include City benchmark information found nearest to the Project area and define the project horizontal and vertical control, control point information, and roadway alignment.
Demolition Plan: Consultant will evaluate the existing facilities impacted by the proposed improvements. The evaluation will include existing conditions, unusual/special conditions, and adjustments of valves, inlets, and manholes conflicting with the Design Professional Agreement with BKF Engineers Page 15 of 28 Exhibit A – Scope of Services
proposed work, ROW right of way needs, and potential permits.
Consultant will identify existing facilities impacted by the project and those to be protected in place, drainage facilities, and all utilities (e.g., water, sewer, gas, electric, cable TV, telephone, valves, boxes, and service connections) on 20-scale plan sheets.
Drainage and Grading Plan: The drainage and grading plans will identify the proposed modifications to the drainage system, including inlets, manholes, and pipes. Existing elements of the drainage system to remain and changes to the drainage system will be designed based on the grades established for bulb-outs and intersection improvements. Additionally, grades within the project limits will be evaluated for compliance with ADA guidelines at sidewalks, curb returns, crosswalks, and around driveways.
Consultant assumes new facilities triggered by the design, including new drain inlets and drain pipe, will exclude detailed plan and profile designs. Consultant can prepare Plan and profile designs upon City request as an additional service.
Layout Plan: Prepared on 20-scale plan sheets. Base sheets will include basic horizontal layout information and identify all major construction features, including areas of sidewalk construction, edge conditions, curb ramp reconstruction, digouts, and intersection conforms. Layout plans will also identify proposed pavement rehabilitation methods and itemize irons to be adjusted to grade within the pavement resurfacing areas.
Signing and Striping Plans: Prepared on 40-scale plan sheets to delineate existing and proposed signing and striping. The signing and striping plans will include detector loop and vehicle detection notes and callouts to incorporate the project’s lane geometry improvements. Consultant will investigate existing signs along the corridor and propose modifications or new signs commensurate with the new bikeway. Signage work will be shown on combined signing/striping plan sheets. Separate traffic signal
modification/installation plans will not be included. Complete signal modification plans such as drafting full conduit routes, phasing diagrams, pole and equipment schedules, or conductor schedules are not included.
Speed Cushions - The signing and striping plans will also include the proposed details for five speed cushion improvements located along Benton Street between Maryann Street and Lincoln Street.
The City will identify the general location of the speed cushions to Consultants. City and Consultant will work together to identify precise locations based field conditions and site constraints. Speed Design Professional Agreement with BKF Engineers Page 16 of 28 Exhibit A – Scope of Services
cushion justification and Community outreach is not included in this Task.
Lighting Plans: Photometrics analysis will be provided only for the streetlights within crosswalk improvement locations and signal safety lighting locations.
Construction Details: Construction details will be prepared to reference City and Caltrans standard plans and details, and provide additional guidance to the contractor for grading at curb returns and pavement conforms. Full curb ramp details will be prepared to include grading, GIS boundary information, signal poles, pull boxes, and pavement conforms.
The Construction details will also include a Monument Preservation sheet that lists all street monuments within the project limits with notes of the actions required by construction contractor to preserve the monuments, such as file corner record, protect in place, adjust monuments box, replace monument box, install monument box, reset monument, or construct new monument.
The Construction Details may also include details of intersection grades (existing and proposed slopes and elevations) if the construction work will include changing slopes of pedestrian street crossings. These intersection details may also include information needed for reconstruction of pavement structural sections if so required due to changes in grades. These details may be combined with sheets prepared for curb ramps or intersections.
Staging and Traffic Handling Plan: Due to the nature of pavement rehabilitation work, it is mutually anticipated by Consultant and City that staging and traffic handling for project improvements will be typical temporary traffic control systems to be prepared by the construction contractor according to specifications and Consultant prepared plans are not required to be provided in the Construction Documents.
Consultant will coordinate with City’s traffic engineering division and determine allowable work hours and allowable lane closure hours based on constructability and cost impacts, to be incorporated into the project documents. It is anticipated that lane closure charts and other Project-specific traffic handling provisions will be included in the specifications.
Technical Specification: Consultant will prepare Technical Specifications using the City’s standard format for all work items Design Professional Agreement with BKF Engineers Page 17 of 28 Exhibit A – Scope of Services
necessary for Project construction. The City will prepare the “front- end” boilerplate specifications for the project and Consultant will provide information to City necessary to complete the boilerplate.
The following is information contained within the City boilerplate that Consultant will provide information:
Consultant’s professional engineer seal and signature. Description of work.
List of Plan sheets.
Type(s) of Contractor ’s License required.
Schedule of Bid Prices.
Requirements for Contractor’s Statement of Qualifications (e.g. experience requirements for previous construction contracts, contract values, or specialty experience).
Number of Working Days for Substantial and Final
Completion.
Recommendations for approp riate Liquidated Damages.
Identification of any project- specific changes to the City’s boilerplate that are required.
Consultant will work with the City to prepare the front-end general and special provisions, including descriptions of work and bid items, and any special conditions and requirements for the Project.
Specifications will be submitted in MS Word format. Consultant will begin Services on the Specifications and Special Provisions upon completion of the Preliminary “35% design” submittal and based on the 2025 Caltrans Standard Specifications.
Construction Cost Estimate: Consultant will prepare a preliminary Construction Cost Estimate to ensure that the magnitude of cost corresponds to the Project budget. The estimate will be prepared using present-day dollars; escalation costs will not be applied.
Should the scope exceed the budget, Consultant will work with the City to develop alternative strategies to move the project forward.
Cost Estimates will be submitted in MS Excel format. The Construction Cost Estimate will be refined for each design submittal.
Quality Assurance/Quality Control (QA/ QC): Consultant will perform an in-house QA/QC review of the documents submitted to the City. Consultant’s quality control review for the 65% submittal will include the review of the design package for compliance with the governing jurisdictional standards and completeness.
Design Professional Agreement with BKF Engineers Page 18 of 28 Exhibit A – Scope of Services
The review will focus on ensuring that the plan elements are clearly delineated. The different project sheets will present the design in a common manner with no contradictions or variances.
3.2 95% PS&E Submittal
Consultant will refine, finalize, and detail the Project including resolving and incorporating all design comments resulting from the 65% submittal review. A major task associated with this resolution is balancing the requirements of the stakeholders, including utility owners. All gaps in the design caused by late-coming changes or pending design and policy decisions will be specifically targeted on the 95% design documents for immediate resolution.
Construction details for the project elements will be finalized as part of this phase of the design process. During the 95% design phase, Consultant will closely monitor the resolution of critical activities, which have their own separate and defined timeline. Consultant will review and finalize the request for service and/or utility owner’s relocation plans, schedule and implementation. Prior to completion of the 100% design documents, Consultant will coordinate with the City and stakeholders to resolve any remaining issues in design scope, schedule and construction operations.
This task will include:
Preparation of 95% cons truction documents (plans,
specifications, and engineers estimate) and supporting
information for City’s review and approval.
The 95% submittal package shall incorporate comments
received from City on the 65% submittal package. The
submittal will 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 will be returned with responses on the redlined drawings.
Meet with City staff, as needed, to review City comments on 65% submittal and gain concurrence as to how the
documents will be revised as appropriate to incorporate City comments in future submittals.
Submission of 95% plans to affected utility owners for their use and information.
The focus of the Project Team is to finalize the supplemental project information that forms the basis of design for the Project. All project sheets, which will be represented in the bid documents, will be Design Professional Agreement with BKF Engineers Page 19 of 28 Exhibit A – Scope of Services
identified and developed in varying degrees of detail during this phase.
All the major components of the design plans, technical specifications and estimate will be included in the 95% design submittal. With the establishment and review of the intersection and improvements within the Project limits, design will be production-oriented for preparation of 95% project plans.
Prior to delivering the 95% submittal, Consultant will complete its own in-house review of all outgoing documents. Cost estimates will be updated and compared to the available budget.
3.3 100% PS&E Submittal
For the 100% PS&E submittal, Consultant will incorporate or resolve any remaining comments received as a result of the 95% submittal review.
Consultant will also conduct remaining site investigations. It is crucial that the design engineers are confident that existing field conditions have not changed since inception of the project and are depicted accurately in the 100% PS&E documents.
Assumptions, in lieu of verifications, are not acceptable; therefore, Consultant will walk the site with the bid documents prior to submittal. All remaining aspects of the design will be finalized in order to prepare a complete, checked, and bid-ready set of documents. Schedules for utility relocations will be confirmed. The construction cost estimate will be updated and formatted to its final form.
Consultant will conduct a final quality control review on all documents to ensure that all design elements are thoroughly addressed prior to their submission to the City.
3.4 Bid Set Submittal
For the Bid Set submittal, Consultant will incorporate or resolve any remaining comments received as a result of the 100% submittal review. Final Bid set documents will be in PDF format and organized into a Contract Book and a Contract Plan Set. AutoCAD version of the final plans will be submitted at the end of the Construction Documents (PS&E) Task, if requested by City.
The Bid Set Submittal shall also include evidence of completion for a PEER review, which is an independent review by an individual of Design Professional Agreement with BKF Engineers Page 20 of 28 Exhibit A – Scope of Services
equal or greater expertise and experience as the engineer of record. This individual should be independent from and not associated with the Project Team but may be from the Consultant firm. It is further mutually agreed by City and Consultant that Consultant’s internal QA/QC procedures as described in its Proposal will concurrently satisfy the requirements of a PEER review. The following shall be placed on the Project title sheet and signed by appropriate Consultant staff as evidence of PEER review being completed:
“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.”
Task 3 Deliverables:
1) 65%, 95% and 100% Project plan s, technical specifications, construction cost estimate and bid schedule (PDF and native formats). 2) Responses to comments at each submittal.
3) Bid Set Submittal shall be one (1) digital PDF file with electronic seals and signatures of each construction plans, specifications, and construction cost estimate. The native file for the Bid Set plans, technical specifications, and construction cost estimate shall be supplied to City in ACAD 2012, Microsoft Word, and Microsoft Excel, respectively upon request.
4 TASK 4 – AGENCY COORDINATION AND PERMITTING
Consultant will serve as the lead on behalf of the City to coordinate with agencies for project reviews and/or permits required for the Project.
It is anticipated that Consultant will start the agency coordination and permitting no later than City concurrence of the 65% design.
It is important that the design is validated and cleared of substantial obstacles prior to submitting applications in order to avoid rework.
4.1 Santa Clara County Roads & Airports
Consultant will obtain an encroachment permit from Santa Clara County Roads & Airports (SCCRA/County) for traffic control operations at the intersection of Benton Street/Lawrence Expressway and Benton Street/San Tomas Expressway.
Design Professional Agreement with BKF Engineers Page 21 of 28 Exhibit A – Scope of Services
Consultant understands the City staff has performed preliminary coordination with the County regarding the Benton Street/Lawrence Expressway and Benton Street/San Tomas Expressway
intersections and has not identified any significant objections or fatal-flaw concerns to Project implementation. Consultant will perform the following activities culminating in obtaining an encroachment permit from the County for the work:
Coordination for County reviews at milestone submittals, beginning at conceptual design, and addressing comments and design changes.
Preparation of truck turning template exhibits showing each turning movement for the existing and proposed lane
geometry.
Preparation of exhibits s howing lane alignment versus vehicle signal head alignment.
4.2 Valley Transportation Authorit y and City Garbage & Recycling Services
Consultant will coordinate with the VTA for the following work:
Coordination for VTA reviews at milestone submittals, beginning at conceptual design, and addressing comments and design changes.
Preparation of bus turning template exhibits showing each turning movement for the existing and proposed lane
geometry.
Temporary or permanent impacts to bus 53’s route and stops along Benton Street from Scott Boulevard to Monroe Street.
Consultant will also coordinate with the City’s Garbage and Recycling services for temporary or permanent impacts to garbage and recycling routes.
4.3 Schools
Consultant will coordinate with any schools with frontage along Benton Street and Lincoln Street for the following work:
Coordination for School revi ews at milestone submittals, beginning at conceptual design to solicit input on the specific design along school frontage, and addressing comments
and design changes.
Design Professional Agreement with BKF Engineers Page 22 of 28 Exhibit A – Scope of Services
Preparation of bus turning template exhibits showing each turning movement for the existing and proposed lane
geometry.
4.4 Bicycle and Pedestrian Ad visory Committee (BPAC)
Consultant understands that the project is subject to the City’s Complete Street Policy which requires that bicycle, pedestrian, and resurfacing projects undergo a complete street review by the City’s Bicycle and Pedestrian Advisory Committee (BPAC). Consultant is not expected to attend or present at the meeting. City will utilize plans prepared during Task 2 and Task 3 for BPAC coordination.
Consultant will not need to provide additional documentation or deliverables. Consultant shall assume that one (1) review by BPAC will take place at the 65% to 95% PS&E design milestone.
4.5 Stormwater Treatment Evaluation (Final)
Consultant understands the City desires that this project will not be a Regulated Project under the most recent Municipal Regional Permit. Consultant will recommend pavement treatments that do not trigger the project to become regulated and will be required to perform any necessary calculations or supporting documents to substantiate that the project as non-regulated. This Project is also not considered a candidate for any Green Stormwater Infrastructure (GSI), and no GSI is expected for the project.
Consultant will provide final written calculations, documentation of findings and recommendations. Consultant assumes that this project falls under the MRP 3.0, Provision C.3., Type 5 Regulated Project, Road Reconstruction Projects requiring treatment for projects creating 1 acre or more of contiguous impervious surface.
It is anticipated that for this Project, the combination of digouts and replacement of curb ramps will be under 1 acre of contiguous impervious surface and therefore is exempt, such that no permanent stormwater treatment will be required due to the “maintenance” nature of this work.
4.6 Environmental Review
The project is assumed to be exempt from CEQA, and no services are anticipated to be required by Consultant. Adoption of an exemption will be prepared and performed by City.
Task 4 Deliverables:
Design Professional Agreement with BKF Engineers Page 23 of 28 Exhibit A – Scope of Services
1) Stormwater treatment fi nal calculations and exhibit. 2) Draft permit applications.
3) Striping, truck/bus turning template, and signal head alignment exhibits.
5 TASK 5 – BID SUPPORT
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.
5.1 Bid Support 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 docu ments. The Schedule of Fees assumes that up to two (2) addenda may be prepared. 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.
Task 5 Deliverables:
1) Written clarifications and responses to bidder’s questions (if needed). 2) Addenda to the Bid Documents (if needed).
3) Written recommendation for aw ard of contract (if needed). 4) Conformed construction documents (if needed).
6 TASK 6 – CONSTRUCTION SUPPORT
City will be the lead in construction management and administration.
Consultant will provide construction support 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 City and Consultant conferred regarding the level of construction support Services anticipated to become provided for the Project by Consultant and mutually agreed upon a document entitled “Construction Support Assumptions” dated July 7, 2026 that further details Design Professional Agreement with BKF Engineers Page 24 of 28 Exhibit A – Scope of Services
anticipated support activities to be completed by Consultant or City and incorporated into this Agreement by reference.
The following is a summary of the assumptions:
6.1 Preconstruction Meeting
Upon written request by City, attend City’s Preconstruction Meeting and respond to preconstruction meeting questions.
6.2 Field Meeting- Special Meetings
Upon written request by City, attend up to three (3) field meetings to address issues or evaluate the progress of construction.
6.3 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 ten (10) business 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.
6.4 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 ten (10) business days of receipt.
Task 6 Deliverables:
1) Submittal reviews and comments, completed through e-builder, as requested.
2) RFI responses, as requested.
3) Meeting notes or re sponses, as requested.
4) Drawings or specifications for RFIs or Change Orders, as requested. 7 TASK 7- PROJECT CLOSEOUT
Design Professional Agreement with BKF Engineers Page 25 of 28 Exhibit A – Scope of Services
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.
7.1 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.
7.2 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.
Task 7 Deliverables:
1) Meeting notes or re sponses, as requested.
2) Record drawings in PDF format, as requested.
8 TASK 8 – OPTIONAL TASKS
Optional Tasks are defined as Tasks that have been mutually contemplated by City and Consultant as potentially becoming necessary to meet the Project Objective and within the Baseline Solution, but the performance of Services by Consultant will be determined by City during the course of Services. Optional Tasks are further defined as having a specific scope of Services with associated fees provided in the Schedule of Fees.
Consultant shall proceed with Optional Tasks only upon written authorization to proceed by City, and shall only be invoiced if agreed by City and Consultant in writing prior to performing Services.
Fees for Optional Tasks shall be considered as a subset of the fees for Basic Scope of Services as described in the Schedule of Fees.
8.1 Optional Task 8.1 – Utility Inve stigations (Potholing) for Benton Street/Lincoln Street
Design Professional Agreement with BKF Engineers Page 26 of 28 Exhibit A – Scope of Services
If deemed necessary, Consultant shall perform potholing and utility investigations to assist the project team and City in identifying and minimizing potential utility conflicts for the installation of new pedestrian push button posts or 1-B poles associated with the project improvements at the intersection of Benton Street and Lincoln Street. The fees included in Exhibit B is a budget allowance and assumes four (4) pothole locations.
Prior to performing any work under this task, Consultant shall provide a written quotation for the actual number of potholes necessary for the work from a potholing contractor. Utility potholes shall be backfilled with CDF and the pavement will be restored in accordance with City Standard Detail ST-25. This task shall only be invoiced if agreed by City and Consultant in writing prior to performing work.
Optional Task 8.1 deliverables will be included within Task 2, 3 and 4 deliverables as appropriate, and does not necessitate separate deliverable documents.
8.2 Optional Task 8.2 – Signal Improvement Plans for Benton Street/Lincoln Street
Based on a preliminary review of the project, Consultant design team notes that installation of the four (4) new curb ramps at Lincoln Street (as identified in RFP Attachment A, Section 2.11) may trigger the need for a minor traffic signal modification to relocate existing push button locations to meet ADA requirements.
If deemed necessary, Consultant shall provide a minor traffic signal modification plan for the Benton Street/Lincoln Street intersection.
Work for this task may include: topographic survey work, utility investigations, and coordination. This Optional Task is limited to relocating or installing push button and 1-B posts only. Consultant will overlay existing as-built drawings with modifications resulting from this work and will not need to draft new traffic signal plans.
The fees included in Exhibit B is a budget allowance.
Prior to performing any work under this task, Consultant shall provide a written estimate of all inclusive costs required to provide the minor traffic signal modification plans. This task shall only be invoiced if agreed by City and Consultant in writing prior to performing work.
Optional Task 8.2 deliverables will be included within Task 2, 3, and 4 deliverables as appropriate, and is subject to all review conditions established within Tasks 2, 3 and 4 as relevant.
Design Professional Agreement with BKF Engineers Page 27 of 28 Exhibit A – Scope of Services
8.3 Optional Task 8.3 – Intersecti on and Signal Improvement Plans for Benton Street/Lawrence Expressway
If deemed necessary, Consultant shall provide a full traffic signal modification plan and/or curb ramp upgrades for the Benton Street/Lawrence Expressway intersection. Work for this task may include: topographic survey work, utility investigations, coordination, and the preparation of layout plan, traffic signal plan, and signing/striping plan. Depending upon the type of work under this task, the plans may include: curb ramps, pole locations, conduit routes, phasing diagrams, pole and equipment schedules, and conductor schedules for the same number of submittals as identified in the main scope. This optional task does not include potholing services.
Prior to performing any work under this task, Consultant shall provide a written estimate of all inclusive costs required to provide the full traffic signal modification plans. This task shall only be invoiced if agreed by City and Consultant in writing prior to performing work.
Optional Task 8.3 deliverables will be included within Task 2, 3, and 4 deliverables as appropriate, and does not necessitate separate deliverable documents.
8.4 Optional Task 8.4 – Non-D estructive Pavement Deflection Testing
If deemed necessary, Cornerstone will perform in-situ pavement deflection testing using the Benkelman Beam procedures at similar locations to the cores from Task 2.6. Pavement deflection testing in conjunction with Task 2.6 can provide additional information for maintenance and rehabilitation alternatives. Pavement deflection testing will be in accordance with Caltrans Test Method 356. The fees included in Exhibit B is a budget allowance and assumes the pavement deflection testing will be performed concurrently with the pavement coring, including full traffic control.
Optional Task 8.4 deliverables will be included within Task 2, 3 and 4 deliverables as appropriate, and does not necessitate separate deliverable documents.
IV ADDITIONAL SERVICES
Additional Services are defined as services not contemplated nor described in this Scope of Services as a Basic Service or Optional Service that may become Design Professional Agreement with BKF Engineers Page 28 of 28 Exhibit A – Scope of Services
necessary during the course of Services (e.g. out of scope services). Additional Services are further defined as services that are materially or significantly different than presumed for the Baseline Solution.
City reserves the right to add, delete, or modify the Services provided by Consultant throughout the course of Services based upon City's needs.
Consultant shall not proceed with any Services it considers Additional Services without written authorization by City prior to providing any such Services.
Design Professional Agreement with BKF Engineers
Exhibit B-Schedule of Fees Page 1 of 7
Rev. 09-28-18
EXHIBIT B
SCHEDULE OF FEES
I. 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 Services completed under this Agreement. Each invoice shal l 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 Services performed during the invoice period, deliverables completed, and progress to date on Tasks being invoiced in order to support the amount invoiced.
Subconsultant(s) invoice(s) pass-through billed through Consultant to City shall be consistent with the terms co ntained within this Agreement. Consultant shall be responsible for ensuring conformance of each subconsultant invoice with these terms, including the fees allocated for each Task, prior to billing City.
The total payment to the Consultant for Basic Services, including Optional Services and Reimbursable Expenses, as stated in Exhibit A, Scope of Services, shall not exceed $770,462. The amount billed to City for Additional Services shall not exceed the sum of $77,047. In no event shall the amount billed to City by Consultant for Services under this Agreement exceed $847,509, subject to budget appropriations.
II. BASIC SERVICES
The total payment to Consultant for all Services necessary for performing all Tasks, as stated in Exhibit A, 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 for the Project and by this Agreement, as directed by the City, and no additional compensation shall be allowed.
City may reallocate fees amongst Tasks or to or from Additional Services at the City’s sole discretion. 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 char ged to each Task shall be propo rtionate to the Services rendered.
Tasks denoted as Optional Services, as stated in Ex hibit A, require pre-approval in writing by City pr ior to performing any Services under the Ta sk. Payment for any Optional Task i
s allowed only if written authorization is given by the City in advance of the Services to be provided. Fees for Optional Services are a budget allowance and shall be considered as Basic Services.
Design Professional Agreement with BKF Engineers
Exhibit B-Schedule of Fees Page 2 of 7
Rev. 09-28-18
The total amount of all the Tasks is a not-to-exceed amount. Figures in the table that follows include all subconsul tant fees, reimbursable ex penses, and administrative markups. The following table is a summary of the Tasks based u pon the negotiated Cost Proposal, submitted by BKF Engineers dated June 26, 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 on the Cost 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 ma y be combined as needed to facilitate Consultant’s invoicing.
Cost Proposal Summary:
Description Amount
Basic Services
Task 1 Project Management $ 47,435
Task 2 Data Gathering and Preliminary
Engineering Including Subconsultants $ 215,130
Task 3 Construction Documents (PS&E) $ 291,930
Task 4 Agency Coordination and Permitting $ 31,043
Task 5 Bid Support $ 22,686
Task 6 Construction Support $ 32,918
Task 7 Project Closeout Including Record
Drawings $ 9,320
Subtotal $ 650,462
Optional Services
Task 8.1 Utility Investigations (Potholing) $ 24,000
Task 8.2 Signal Improvement Plans for Benton
Street/Lincoln Street $ 27,000
Task 8.3
Intersection and Signal Improvement
Plans for Benton Street/Lawrence
Expresswa
y
$ 55,000
Task 8.4 Non-Destructive Pavement Deflection
Testin
g $ 14,000
Subtotal $120,000
Total $ 770,462
In no event shall the amount billed to City by Consultant for Basic Services, including Optional Services and Reimbursable Expenses, under this Agreement exceed seven hundred and seventy thousand, four hundred and sixty-tw o dollars ($770,462), subject to budget appropriations.
Design Professional Agreement with BKF Engineers
Exhibit B-Schedule of Fees Page 3 of 7
Rev. 09-28-18
III. REIMBURSA BLE EXPENSES
Reimbursable expenses shall be billed at cost without any markup. Reimbursable expenses billed by subconsultant(s) shall al so be billed at cost without any markup.
In no case shall any pass-through markups bill ed to City exceed the original cost of reimbursable expense. 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 it ems that are considered as part of the Consultant’s basic hourly rates and are not considered Reimbursable Expenses for separate billing:
Basic Office Expenses such as overhead, paper, pens, pencils, and ink cartridges Insurance Expenses, Applicable Taxes, Computer Time
Travel Expenses (local and long distance), including meals and gas Faxes
Local and Long Distance Telephone Expense s (land lines and cellular phones) US Mail
Paper Cost
Copying Cost
Plotting Cost
Reimbursable Expenses may include:
Outside Duplicating Cost for Plan s and Reports, when requested by City. Presentation Materials, when requested by City.
Delivery Services, when requested by City.
Courier Services when requested by City.
City may re-allocate fees to or from Re imbursable Expenses to or from Tasks or Additional Services in City’s sole discretion throughout the course of Services. All Reimbursable Expenses, other than those lis ted above, must be pre-approved in advance by City.
Any discrepancy between Reimbursable Expens es listed within Consultant’s, or subconsultant(s)’, standard rate schedules as referenced in Section V, RATE SCHEDULE of this Exhibit B and the above shall be resolved in favor of the above.
IV. ADDITIONAL SERVICES
Additional Services consists of services not included in the Scope of Services described within this Agreement. Additional Services shall be billed to City at the
Design Professional Agreement with BKF Engineers
Exhibit B-Schedule of Fees Page 4 of 7
Rev. 09-28-18
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 provided by the City in advance of the services to be provided. Additional Services that exc eed the amount described in this agreement will require a written amendment to the Agreement.
City may reallocate fees between Basic Serv ices and Additional Services in City’s sole discretion throughout the course of Services.
V. RATE SCHEDULE
Charges for personnel engaged in professional and/or technical Services are based on the actual hours directly chargeable to the project.
Rates by classification are listed below and shall be fixed through December 31, 2027. Any classifications added, or staff members changing classifications, shall be approved in writing by City.
After December 31, 2027, 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. Rates changed by calculation shall be rounded to the nearest whole dollar. 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 Exhibit A in accordance with the Fees established in this Exhibit B, regardless of adjustments to rates.
Consultant will bill subconsultants at actual cost plus a maximum allowable markup of 10%. Subconsultant will bill at actual cost for any further tiered subconsultants, subcontractors, or reimbursable expenses at cost plus a maximum allowable markup of 10%. In no case shall any pass-through markups billed to City exceed 20% more than the original cost or reimbursable expense.
Any discrepancy between terms contained herein and Consultant’s, or subconsultant(s)’, standard rate schedules as referenced on the following pages shall be resolved in favor of the above.
It is expressly understood that this Project is subject to prevailing wages, in conformance with Exhibit D, Prevailing Wage Addendum.
VI. PAYMENT PROVISIONS
Design Professional Agreement with BKF Engineers
Exhibit B-Schedule of Fees Page 5 of 7
Rev. 09-28-18
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.
Design Professional Agreement with BKF Engineers
Exhibit B-Schedule of Fees Page 6 of 7
Rev. 09-28-18
CLASSIFICATION
PROJECT MANAGEMENT
Principal in Charge
Senior Project Executive
Project Executive
BKF ENGINEERS PROFESSIONAL SERVICES
RATE SCHEDULE
2025-2026
Senior Project Manager I Senior Technical Manager
Project Manager I Technical Manager
Engineering Manager I Surveying Manager I Planning Manager
TECHNICAL STAFF
Senior Project Engineer I Senior Project Surveyor I Senior Projec t Planner Project Engineer I Project Surveyor I Project Planner
Design Engineer I Staff Surveyor I Staff Planner
HOURLY RATE
$333 00
$309 .00
$301.00
$292 .00
$287 .00
$264.00
$245.00
$215.00
$188.00
$188.00 - $2 15.00 - $245.00 BIM Specialist I, II, Ill
Technician I, II, Ill, IV, V
Drafter I, II, Ill, IV
$179.00 - $190.00- $208.00-$224 .00 - $242.00
Engineering Assistant I Surveying Assistant I Planning Assistant Fl ELD SURVEYING
Survey Party Chief
Instrument Person
Survey Chainperson
Utility Locator I, II, Ill, IV
Apprentice I, II, Ill, IV
CONSTRUCTION ADMINISTRATION
Senior Consultant
Senior Construction Administrator
Resident Engineer
Field Engineer I, II, Ill, IV
FUN DI NG & GRANT MANAGEMENT
Director of Funding Strategies
Funding Strategies Manager
Funding/Research Analyst I, II, Ill, IV
PROJECT ADMINISTRATION
Project Coordinator
Senior Project Assistant
Project Assistant
Clerical I Administrat ive Assistant
Expert witn ess rates are available upon request
Subject to the terms of a services agreement:
$140.00 - $153.00 - $166 .00 - $184.00
$117.00
$245.00
$210.00
$158.00
$128.00 - $181.00 - $217 .00 - $247.00
$97.00 - $130.00 - $144 .00 - $152.00
$320.00
$279.00
$207.00
$188.00 - $215.00 - $245.00 - $263.00
$229 .00
$210.00
$144.00 - $166.00 - $176.00 - $194.00
$1 56.00
$134 .00
$119.00
$100.00
Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation o n public carriers; meals and lodging; and consumable materials.
Allowable mileage will be charged at the prevailing IRS rate per mile.
Monthly invoices are due within 30 days from invoice date. Late Fee will be charged at 1.5% per month on past due accounts.
The rates shown are subject to periodic increases, including January 1st of each year.
BKF ENGINEERS S...:i
Design Professional Agreement with BKF Engineers
Exhibit B-Schedule of Fees Page 7 of 7
Rev. 09-28-18
Iii
CORNERSTONE
EARTH GROUP
Prevailing Wage Hourly Fee Rates and Equipmen t Charges Through December 31, 2026
Professional Staff Construction and Support Staff
Staff $216 Administrat ive Assistant
Senior Staff $227 Engineering Technician I
Project Manager $250 Construction Services Adm inistrative Senior Project Manager $273 Engineering Technician II
Principal $315 Technical Illustrator
Senior Principal $350 Supervisory Technician
Senior Supervisory Technician
$125
$216
$160
$216
$180
$216
$216
Professional Technical Staff includes Engineers, Geologists, Hydrogeologists, Chemists, and Scientists. Charges for personnel will be made in accordance with the above rates. For field personnel, regular rates are normal workday construction hours (Monday through Friday). For time spent over 8 hours in a day, time spent after 5 p.m .. time spent on swing shifts, and time spent on Saturdays by field personnel, overtime rates will be charged at 1.5 times the hourly rate.
Work on Sundays and holidays and work in excess of 12 hours in one day will be charged at 2.0 times the hourly rate. Field rates are based on a 48-hour notice. For less than a 48-hour notice, a 10 percent surcharge will be added. All field personnel, vehicle and equipment charges are portal to portal.
Reproduction of project documents will be charged as a project expense. The hourly rate for professional staff to attend legal proceedings will be 2.0 times the hourly rate specified above.
Equipment CharRes I Geotechnical Laborator y Tests
Vehicle
I
$45 per hour I Tests Run Tests Run
Nuclear Density Gauge $13 per test During Normal Outside Workday Hours Workday Hours
GPS Unit $100 per day Compaction Curve $370 each $555 each Hand Auger Equipment $100 per day Compaction Check Point $190 each $285 each Dust Meter (3) $475 per day, $1,475 per week, $4,125 per Plasticity Index $270 each $405 each month, cellular connectivity $515 per month per
meter
Sieve/Hydrometer $270 each $408 each
PIO ppm,/ 4 Gas Meter $140 per day, $600 per week, $2,000 per month Moisture Content $10 each $12 each PIO ppb, $180 per day, $650 per week, $2,200 per month
Moisture/Density $35 each $53 each
Weather Station $100 per day, $250 per week, $740 per month -#200 Wash $70 each $80 each Benkelman Beam $175 per day, $750 per week, $2,800 per month Sieve< ¾ inch Liner (small) $150 each $225 each Double Ring lnfiltrometer $100 per day Sieve> ¼ inch Bucket (Large) $225 each $330 each Dynamic Cone $100 per day Lime Stability $400 each $600 each Pressure / Velocity Gauge $90 per day, $300 per week, $600 per month Consolidation $450 each Soil Corrosion Testing $250 each $375 each
VIMS Blower Equipment $350 per day
Depth Sounder $50 per day
ADMP Monitoring Kit (1) $150 per day, $360 per week, $840 per month Liner and Two Caps $12 each
Core N One Sampler $50 each triplicate sample
I
Modeling Software
I
$25 per hour
Drone $250 oer day
Direct Expenses
Reimbursement for the direct expenses listed below incurred in connection with the Work will be billed at cost plus 18 percent. 1) Drillers, utility locators, laboratories , contractors, hygienists, and consultants 2) Rented vehicles, public transportation , tolls, and air flights 3) Permits and special fees, insurances and licenses required to perform Work 4) Computer programs and rented field equipment
5) Large volume copying of proJect documents
6) Maps, photographs, and environmental databases
7) Overnight or same day delivery charges
8) Copying or production of over-sized figures and plans If personnel are assigned to a project 100 miles or more from an office, $1 75 per diem per person allowance will be charged. Unless mutually agreed in writing, Cornerstone will hold samples collected during the performance of the Work no longer than thirty (30) calendar days after their date of collection; project samples requested to be held greater than thirty (30) calendar days will be billed at $100 per every ninety (90) calendar days. If payment is not received within 30 days of invoice date, the samples will be discarded.
Payment
Payment for Work completed is due upon receipt of Cornerstone's statement. Fixed fee or lump sum services will be billed for the agreed fixed fee. A service charge of 1.5 percent per month will be charged on accounts not paid within 30 days.
Prevailing Wage
Client must notify Cornerstone in writing if the Work is subject to prevailing wage requirements under local, state, or federal laws. A 2.5% project coordination fee will be applied to all project charges for prevailing wage work and included on invoices.
Design Professional Agreement with BKF Engineers
Exhibit C-Insurance Requirements Page 1 of 4
Rev. 09-28-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor’s insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the co verage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall appl y to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross-liabi lity exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separatel y to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at
Design Professional Agreement with BKF Engineers
Exhibit C-Insurance Requirements Page 2 of 4
Rev. 09-28-18
least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of S anta Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Ea ch insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution
Design Professional Agreement with BKF Engineers
Exhibit C-Insurance Requirements Page 3 of 4
Rev. 09-28-18
from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.
3. Cancellation.
a. Each insurance policy shall c ontain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall c ontain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. ADDITIONAL INSURA NCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to
Design Professional Agreement with BKF Engineers
Exhibit C-Insurance Requirements Page 4 of 4
Rev. 09-28-18
City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to wit hhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara Department of Public Works
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Design Professional Agreement with BKF Engineers
Exhibit D-Labor Compliance Page 1 of 3
Rev. 09-28-18
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.
A. Prevailing Wage Requirements
1. Contractor shall be ob ligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are remi nded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates gener ally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.
Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. As a condition to receiving pr ogress 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
Design Professional Agreement with BKF Engineers
Exhibit D-Labor Compliance Page 2 of 3
Rev. 09-28-18
payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certif ied payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No contractor or subcontractor ma y be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
8. No contractor or subcontractor ma y be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcont ractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.
11. This project is subject to comp liance monitoring and enforcement by the Department of Industrial Relations.
B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for
Design Professional Agreement with BKF Engineers
Exhibit D-Labor Compliance Page 3 of 3
Rev. 09-28-18
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.
C. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding s ources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.