Draft Consultant Service Agreement — Sunnyvale City Council, May 24, 2022

DRAFT CONSULTANT SERVICES AGREEMENT BETWEEN
CITY OF SUNNYVALE AND BELLECCI & ASSOCIATES, INC.

FOR PEERY PARK TRANSPORTATION IMPROVEMENTS

THIS AGREEMENT, dated ______________________________, is by and between the CITY OF SUNNYVALE, a municipal corporation ("CITY"), and BELLECCI & ASSOCIATES, INC. , a California corporation ("CONSULTANT").

WHEREAS, CITY desires to secure professional servi ces necessary for investigation, analysis, design, preparation of construction drawings and contract specifications, consultation, services during construction and other services for a project known as Peery Park Transportation Imp rovements, Caltrans Project # CML-5213(061); and

WHEREAS, CONSULTANT represents that it, and its sub -consultants, if any, possess the professional qualifications and expertise to provide the required services and are licensed by the State of California to practice engineering in the required disciplines;

NOW, THEREFORE, THE PARTIES ENTER INTO THIS AGREEMENT.

1. Services by CONSULTANT

CONSULTANT shall provide services in accordance with Exhibit "A" entitled “Scope of Work” and in accordance and compliance with the federal funding requirements established in Chapter 10 of the CALTRANS Local Assistance Procedures Manual and associated forms attached hereto in Exhibit “D”, “Federal Forms”. All exhibits referenced in this Agreement are attached hereto and are incorporated herein by reference. To accomplish that end, CONSULTANT agrees to assign Anoop admal, PE, LSIT, QSD to this project, to act in the capacity of Project Manager and personally direct the professional services to be provided by CONSULTANT.

Except as specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to satisfactorily complete the services required in this Agreement.

2. Notice to Proceed/Completion of Services

(a) CONSULTANT shall commence services upon receipt of a Notice to Proceed from CITY.

Notice shall be deemed to have occurred three (3) calendar days after deposit in the regular course of the United States mail.

(b) When CITY determines that CONSULTANT has satisfactorily completed the services defined in Exhibit “A,” CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has satisfactorily completed the Scope of Work (Exhibit “A”), and if so requested, CITY shall make this determination within fourteen (14) days of such request.

3. Project Schedule

The Project Schedule is set forth in the attached Exhibit “A-1.”

4. Allowable Cost and Payments

The method of payment for this Agreement will be based on the actual cost plus fixed fee contract Attachment 1

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type as defined in Chapter 10 of the California Department of Transportation Local Assistance Procedures Manual. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the attached CONSULTANT’s Compensation Schedule (Exhibit “B”), unless additional reimbursement is provided for by contract amendment. In no event will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead set forth in the Compensation Schedule. In the event that CITY determines that a change to the work from that specified in the Scope of Work (Exhibit “A”) and Agreement is required, the contract time and/or actual costs reimbursable by CITY shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in this section shall not be exceeded, unless authorized by contract amendment.

In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee (profit) of _10__% as set forth in Exhibit “D”. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the Scope of Work and such adjustment is made by contract amendment.

Compensation shall not exceed the amounts set forth in Exhibit “B” for each phase. In no event shall the total amount of compensation payable under this agreement exceed the sum of Four Hundred Thousand Six Hundred Three and No/100 Dollars ($400,603.00) for the duration of this contract, inclusive of the fixed fee (profit) enumerated in Exhibit “B,” and as well as optional services in an amount not to exceed Nineteen Thousand Five Hundred Seventy Eight and No/100 Dollars ($19,578.00) unless upon written modification of this Agreement. In no event shall the total amount of compensation payable under this agreement exceed the sum of Four Hundred Twenty Thousand One Hundred Eighty One and No/100 Dollars ($420,181.00).

All invoices, including detailed backup, shall be sent to City of Sunnyvale, attention Accounts Payable, P.O.

Box 3707, Sunnyvale, CA 94088-3707.

Reimbursement f or transportation and subsistence costs shall not exceed the costs in the attached Compensation Schedule. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.

If milestone cost estimates are included in the Compensation Schedule, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from CITY before exceeding such cost estimate.

Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items as required, CITY shall have the right to delay payment and/or terminate this Agreement in accordance with Section 24.

CONSULTANT will be reimbursed as promptly as fiscal procedures will permit upon receipt by the CITY of itemized invoices in triplicate. Invoic es shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated in th e Compensation Schedule and shall reference the project title. The final invoice must contain the final cost and all credits due CITY. The final invoice should be submitted within 60 calendar days after completion of CONSULTANT’s work.

5. No Assignment of Agreement

CONSULTANT bind themselves, their partners, successors, assigns, executors, and administrators to all covenants of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for u nder this Agreement shall be assigned or transferred, either Attachment 1

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voluntarily or by operation of law, without the prior written approval of CITY. However, claims for money due to or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company or other financial institutions, or to a trustee in bankruptcy, provided that written notice of any such assignment or transfer shall be first furnished to CITY. In case of the death of one or more members of CONSULTANT's firm, the su rviving member or members shall complete the services covered by this Agreement. Any such assignment shall not relieve CONSULTANT from any liability under the terms of this Agreement.

6. Consultant is an Independent Contractor

CONSULTANT is not an agent or employee of CITY but is an independent contractor with full rights to manage its employees subject to the requirements of the law. All persons employed by CONSULTANT in connection with this Agreement will be employees of CONSULTANT and not employees o f CITY in any respect. CONSULTANT is responsible for obtaining statutory Workers' Compensation coverage for its employees.

7. Consultant's Services to be Approved by a Registered Professional

All reports, costs estimates, plans and other documents which may be submitted or furnished by CONSULTANT shall be approved and signed by a qualified registered professional in the State of California.

The title sheet for calculations, 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 professional responsible for their preparation.

8. Standard of Workmanship

CONSULTANT represents and maintains that it is skilled in the professional calling necessary to perform the services and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT's representations regarding its sk ills and knowledge. CONSULTANT warrants they shall perform such services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline working under similar circumstances, during the same period of time, in the same area in the State of California (“Standard of Care”).

The plans, designs, specifications, estimates, calculations reports and other documents furnished under the Scope of Work (Exhibit "A”) shall be of a quality acceptable to CITY. The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minim um standard of appearance, organization and content of the drawings shall be that used by CITY for similar projects.

9. Responsibility of CONSULTANT

CONSULTANT shall be responsible for the professional quality, technical accuracy and the coordination of the services furnished by it under this Agreement. Neither CITY’s review, acceptance nor payment for any of the services required under this Agreement shall be construed 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 and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’s negligent performance of any of the services furnished under this Agreement.

Any acceptance by CITY of plans, specifications, calculations, construction contract documents, reports, diagrams, maps and other material prepared by CONSULTANT shall not, in any respect, absolve Attachment 1

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CONSULTANT for the responsibility CONSULTANT has in accord ance with the Standard of Care in compliance with applicable Federal, State, County and/or municipal laws, ordinances, regulations, rules and orders.

10. Right of CITY to Inspect Records of CONSULTANT

CITY, through its authorized employees, representatives, or agents, shall have the right, at any and all reasonable times, to audit the books and records including, but not limited to, invoices, vouchers, canceled checks, time cards of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years from the date of final payment to CONSULTANT or for any longer period required by law, sufficient books and records in accordance with generally acc epted accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT. Any expenses not so recorded shall be disallowed by CITY.

11. Confidentiality of Material

All ideas, memoranda, specifications, plans, calculations, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY be used for any purposes other than the performance of the Project services, nor be disclosed to an entity not connected with the performance of the Project se rvices. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry shall be deemed confidential. CONSULTANT shall not use CITY's name, insignia or distribute exploitative publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.

12. No Pledging of CITY’s Credit

Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.

13. Ownership of Material

All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared or caused to be prepared, under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof.

CITY shall not be limited, in any way, in its use of said material, at any time, for work associated with Project. However, CONSULTANT shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to the release of this material to third parties for work other than on Project.

14. Hold Harmless/Indemnification

To the extent permitted by law (including, without limitation, California Civil Code section 2782.8), CONSULTANT agrees to indemnify, defend and hold harmless CITY, its officers and employees from any and all claims, demands, actions, causes of action, losses, damages, liabilities, known or unknown, and all costs and expenses, including reasonable attorneys’ fees in connection with any injury or damage to persons Attachment 1

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or property to the extent arising out of any negligence, recklessness or willful misconduct of CONSULTANT, its officers, employees, agents, contractor, subcontractors or any officer, agent or employee thereof in relation to CONSULTANT’s performance under this Agreement. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. Such defense and indemnification shall not apply in any instance of and to the extent caused by the sole negligence, recklessness or willful misconduct of CITY, its officers, employees, agents or representatives.

15. Insurance Requirements

CONSULTANT shall take out and maintain during the life of this Agreement policies of insurance as specified in Exhibit "C" attached and incorporated by reference, and shall provide all certificates and/or endorsements as specified in Exhibit "C."

16. No Third Party Beneficiary

This Agreement shall not be construed or deemed 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 hereunder for any cause whatsoever.

17. Notices

All notices required by this Agreement, other than invoices for payment which shall be sent directly to Accounts Payable, shall be in writing, and sent by first class with postage prepaid, or sent by commercial courier, to address below.

Nothing in this provision shall be construed to prohibit communication by more expedient means, such as by email or fax, to accomplish timely communication. Each party may change the address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of three business days after mailing.

To CITY: Jennifer Ng, Assistant Director of Public Works/City Engineer Department of Public Works

CITY OF SUNNYVALE
P. O. Box 3707
Sunnyvale, CA 94088-3707

To CONSULTANT: Bellecci & Associates, Inc.

Attn: Anoop Reddy Admal, PE, LSIT, QSD/P
7077 Koll Center Parkway, Suite 210
Pleasanton, CA 94566

18. Waiver

CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

19. Amendments

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No alterations or changes to the terms of this Agreement shall be valid unless made in writi ng and signed by both parties.

20. Integrated Agreement

This Agreement embodies the agreement between CITY and CONSULTANT and its terms and conditions. No verbal agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon CITY.

21. Conflict of Interest

CONSULTANT shall avoid all conflicts of interest, or appearance of conflict, in performing the services and agrees to immediately notify CITY of any facts that may give rise to a conflict of interest. CONSULTANT is aware of the prohibition that no officer of CITY shall have any interest, direct or indirect, in this Agreement or in the proceeds thereof. During the term of this Agreement CONSULTANT shall not accept employment or an obligation which is inconsistent or incompatible with CONSULTAN T’S obligations under this Agreement.

22. Governing Law, Jurisdiction and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. Proper venue for legal actions will be exclusively vested in a state court in the County of Santa Clara. The parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara, and waive all venue objections.

23. Records, Reports and Documentation

CONSULTANT shall maintain complete and accurate records of its operation, including any and all additional records required by CITY in writing. CONSULTANT shall submit to CITY any and all reports concerning its performance under this Agreement that may be requested by CITY in writing. CONSULTANT agrees to assist CITY in meeting CITY's reporting requirements to the state and other agencies with respect to CONSULTANT's work hereunder. All records, reports and documentation relating to the work performed under this Agreement shall be made available to City during the term of this Agreement.

24. Termination of Agreement

A. If CONSULTANT defaults in the performance of this Agreement, or materially breaches any of its provisions, CITY at its option may terminate this Agreement by giving written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be compensated in proportion to the percentage of satisfactory services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.

B. Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY also shall have the right to terminate this Agreement for any reason upon ten (10) days' written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be compensated in proportion to the percentage of services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.

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C. If CITY fails to pay CONSULTANT, CONSULTANT at its option may terminate this Agreement if the failure is not remedied by CITY within (30) days after written notification of failure to pay.

25. Subcontracting

None of the services covered by this Agreement shall be subcontracted without the prior written consent of CITY. Such consent may be issued with notice to proceed if subcontract consultants are listed in the project work plan.

26. Fair Employment

CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, condition of physical handicap, religion, ethnic background or marital status, in violation of state or federal law.

27. Changes

CITY or CONSULTANT may, from time to time, request changes in the terms and conditions of this Agreement. Such changes, which are mutually agreed upon by CITY and CONSULTANT, shall be incorporated in amendments to this Agreement.

28. Other Agreements

This Agreement shall not prevent either Party from entering into similar agreements with others.

29. Severability Clause.

In case any one or more of the provisions contained herein 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.

30. Captions

The captions of the various sections, paragraphs and subparagraphs, of the contract are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.

31. Entire Agreement; Amendment

This writing constitutes the entire agreement between the parties relating to the services to be performed or materials to be furnished hereunder. No modification of this Agreement shall be effective unless and until such modification is evidenced by writing signed by all parties.

32. Miscellaneous

Time shall be of the essence in this Agreement. Notwithstanding any other provisions of this Agreement, the Consultant shall not have liability for or be deemed in breach because of delays caused by any factor outside of its reasonable control, including b ut not limited to natural disasters, adverse weather, epidemics, pandemics, or acts of the Client, third parties, or governmental agencies Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision.

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IN WITNESS WHEREOF, the parties have executed this Agreement.

ATTEST: CITY OF SUNNYVALE ("CITY")

By_____________________________ By
City Clerk City Manager

BELLECCI & ASSOCIATES, INC.
("CONSULTANT")

APPROVED AS TO FORM: By

Name/Title

___________________________ By
City Attorney

Name/Title

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Exhibit A

SCOPE OF WORK FOR
Peery Park Area Transportation Improvements
ProjectTR-18-09
Federal Project# CML-5213(061)

I. General
The scope of work generally includes preparation of: applications for and supporting documents for Caltrans E76 procurement, design development, bid documents, and bidding/construction support services for Public Works competitive bidding. Ancillary work includes: parking study, environmental needs assessment and document preparation, public outreach, construction cost estimating, schedule monitoring, preparation of reports and recommendations, and project management.

This project design (PE) phase has federal monies. The DBE goal for the PE phase is 20%. Upon selection, consultant will need to fill out applicable forms to document compliance with DBE goals or good faith efforts.

II. Project Information
A. Description
The main goal of the project is to improve the transportation system so that it can better accommodate circulation for all users including vehicles, bikes, and pedestrians. The project incorporates multiple complete street design elements. Sidewalks will be installed on both sides of Potrero Avenue between Central Expressway and Maude Avenue to provide a safer location for pedestrians to walk. Curb ramps will be upgraded to ADA standards to facilitate safe and efficient movement of all modes of transportation.

The improvements along Potrero Avenue between Central Expressway and Maude Avenue will include: Remove on-street parking, construct sidewalk and planter strip, reconstruct driveways, and install new decorative (street and pedestrian) lighting, signing and striping and deciduous shade trees in existing right-of-way.

At the intersections of Potrero Avenue/Maude Avenue and Potrero Avenue/Hermosa Avenue/Hermosa Court, crosswalk upgrades including ADA compliant directional curb ramps with curb extensions to reduce pedestrian crossing distances . Curb extensions may require modification of the storm drain catch basin system to accommodate storm flows.

At the intersection of Potrero Avenue and Central Expressway, design work includes ADA directional curb ramps and modification of the triangular island . Central Expressway is owned by the County of Santa Clara. The project includes coordination and obtaining an encroachment permit from the County.

No additional Right of Way is assumed to be required and all existing trees shall remain in place.

The City approved Peery Park Specific Plan envisioned narrowing of Potrero Avenue to construct the proposed sidewalks.

Currently, there are several development projects within the project area. The consultant shall investigate the site conditions with a site walk and confirm the work limits with City staff to avoid redesigning already improved portions of the project where necessary.

B. Location
The project is located on Potrero Avenue between Central Expressway and Maude Avenue in Sunnyvale, California. It is within the Peery Park Specific Plan area bounded by Almanor Avenue Attachment 1

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to the North, Central Expressway on the South, SR 237 on the West, and Mathilda Avenue on the East.

C. Existing Conditions
Potrero Avenue is classified as local street and currently lacks sidewalk continuity. W. Maude Avenue is a minor Arterial, Hermosa Avenue and Hermosa Court are local, and Central Expressway is principal arterial. There are office buildings, business properties and large trees along Potrero Avenue. All existing trees shall remain in place.

III. Consultant Scope of Services
The consultant will perform all engineering and project management related work necessary to prepare plans and specifications suitable for Public Works bidding.

Consultant services shall include but are not limited to: Project management, parking study, design development, public outreach, bid documents, bidding support, and construction support services, as further detailed below.

A. Project Management
The consultant will be the primary respon sible party for managing the project’s schedule and consultant contract budget and monitoring Federal funding deadline dates . In addition, the consultant is expected to attend a monthly progress meeting and prepare action item logs for subsequent follow -up. The consultant is expected to maintain freque nt and timely communication with City staff throughout the duration of the project. Project scope assumes monthly coordination meetings.

All project schedules shall be prepared in Gantt chart format, utilizing Microsoft Project software.

Three weeks for each City review shall be included. Schedule updates shall be provided at all progress meetings. It is anticipated that the consultant will start the work in Jan uary 2022 or earlier.

Consultant shall be familiar with the latest version of the Local Assistance Procedures Manual.

The Consultant will take the lead in preparing the documentation and necessary forms identified in the scope of work necessary to procure NEPA approval, Right of Way Certification and E76 authorization for the construction. Caltrans has issued t he E76 and Finance Letter for Preliminary Engineering (PE) to the City which has an Agreement End Date of 12/31/2022.

Federal monies for construction activities are programmed for FFY2023 and R equest for Construction Authorization (E76) package must be submitted before 1/31/2023. The consultant is required to complete 100% designin conformance with the project schedule. The Preliminary Environmental Studies (PES) and the Caltrans Field Review haven’t started yet. Consultant will attend the Field Review meeting.

Consultant’s own team should have provisions for quality assurance/quality control over work product prepared for the City. A statement of peer review wi ll be required for overall constructability, coordination, and reasonable reduction in errors and omissions.

The project budget is $4,194,000. The budget is for both design and construction including all contingencies and other related project cost. Consultant is expected to communicate often and early with respect to the schedule and budget.

E-Builder license and training: The selected consultant will b e required to use e -Builder™ software and protocols included in that software during this project, Consultant shall coordinate with City staff for training materials and eBuilder introduction . City will provide consultant one eBuilder software license for the duration of the project. eBuilder software shall be utilized for Attachment 1

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all project management docu mentation and correspondence. The use of project management communications herein described is in addition to and does not replace or change any contractual responsibilities of the consultant.

Evaluation of City Project Goals
CONSULTANT will begin designing the Peery Park Area Transportation Improvements Project by first performing the necessary research and taking a careful assessment of the City’s primary goals and objective. At the project kick-off meeting, CONSULTANT will listen to the City to establish the overall Project goals and research options to be considered.

Communication with City Staff
Project elements such as design alternatives, schedule, project costs, budget, and meetings will be communicated to the City. CONSULTANT will include the following meetings. • Monthly Meeting - City PM & Bellecci PM (20-minute action item check-in, virtual) • Page-Turn Review Meeting for each submittal
• Monthly Meeting Action Minutes after the meeting.

B. Parking Study
Consultant shall conduct a parking study to analyze the effect of the removal of on-street parking on Potrero Avenue and its impacts to cross street s. The study shall include on-street parking occupancy observation and off-street (on-site) parking occupancy observation on properties along Potrero Avenue between Central Expressway and Maude Avenue , on Hermosa Avenue between Potrero Avenue and Pastoria Avenue, and on Hermosa Court . The study s hall be conducted every at 10 am, 3 pm, 8 pm, and 12 am on a typical midweek weekday , or as appropriate to be determined jointly by the CONSULTANT and City staff . . Also included are vehicle classifications for parking data collection (not for the on -site parking). The collection of parking counts will be used to inform the City of the existing parking supply and needs along the study corridor.

Deliverable – A draft technical memo summarizing the preliminary parking study. Submit a PDF file of the document. Allow three weeks for City review.

Attend a review meeting with the City staff. Final deliverable includes a PDF file of the final parking study report.

C. Public Outreach
Consultant shall prepare materials ( which include notice for mailing, PowerPoint presentation for meeting, etc.) for the outreach meeting. City staff and Consultant will host one (1) public outreach meeting focused on the installation of the new sidewalk on Potrero Avenue, which would eliminate on-street parking along the street. City and Consultant will determine the on- line meeting hosting format to be implemented The scope shall include material preparation and attendance at one (1) Bicycle and Pedestrian Advisory Commission (BPAC) meeting and one (1) City Council meeting. Council approval is required prior to design development.

General Workplace District Street Improvements
Circulation improvements to Potrero Avenue between Central Expressway and Maude Avenue will be designed using complete streets practices for people travelling by foot, bike, and motor vehicles. With the removal of curbside parking, space will be created for new sidewalks, planter strips, and street trees. At an outreach meeting, CONSULTANT will present the project, and to obtain input on removal of on-street parking to provide room for improvements.

Property Owner Letters
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Prepare letters to property owners, describing the project benefits and impacts. Send the letter to City for review and make revisions to the letter per city comments. City will determine the list of property owners and provide addresses. Send letters to list of properties and provide a s elf- addressed envelope to each property owner.

Public Outreach
Public Outreach remains the same as e -outreach with connection by emails, community organization list serves, project mailing list from the agencies, notices in local community newspapers (the ones that are still functioning), websites dedicated to the pro ject with a reference to public involvement. The meetings hosted on Zoom platform (or other platform as appropriate) with City staff and Design team included as panelists. Provide write‐ups regarding the public outreach meeting to be used on by City on the website and social media to notify the public of the public outreach meeting.

Consultant will prepare a postcard to be sent to properties along Potrero Avenue between Central Expressway and Maude Avenue, on Hermosa Avenue between Potrero Avenue and Pastoria Avenue, and on Hermosa Court to notify them of the public outreach meeting. The city will provide the addresses and contact information.

Presentation slide show will be approximate 15-20 mins and will include project informatio n, project limits, project existing and proposed section, parking studies for on -site and on-street, feedback on the project online surveys, project manager contact details etc. Following the presentation, the meeting will be opened for public comments . The facilitator will read the questions and direct the question to the designers to respond. The Q&A session will be open for 30 mins. Any questions not answered during the meeting, a list of questions and recommended responses will be provided to the City within one week following the meeting.

Deliverables – The City will provide the mailing list, the consultant shall prepare the post card or letter as a notice for meeting and mail them to the business/property owners along Potrero Avenue, Hermosa Court and Hermosa Avenue. Prior to preparing the postcard, City and CONSULTANT will review the list of residents, along with the budget for mailing the postcards, including printing and postage, to confirm the quantity of affected property owners to meet the budget. The consultant shall prepare PowerPoint Presentation, a memo or document with action minutes for the public meeting, and compilation of community feedback from the meeting.

D. Design Development

Consultants shall be the Engineer of Record and responsible for design and preparation of complete plans, and technical specifications for the project. The consultant must perform an adequate field investigation to confirm existing conditions.

During the preliminary design phase , the Consultant shall consider “green” construction practices, sustainabi lity, energy efficiency, and low operations and maintenance costs into recommendations and subsequent design. This project provides the opportunity to install bioretention areas in the proposed planter strip, or other reconstructed areas within the project limits for Green Stormwater Infrastructure
Use of contractors, and all applicable subcontractors which are required to pay prevailing wages, requires registration with the State of California, Department of Industrial Relations (DIR) through the Public Works Contractor Registration Program (PWC Registration) before bidding, being awarded, or performing work on public works projects in California. This includes those performing surveying work, material testing, inspection, trucking, boring, potholi ng, concrete deliveries and temporary service companies who provide workers to prevailing wage contractors.

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Plans and specifications shall provide sufficient detail for public bidding of the improvements.

Plans and specifications shall not specify proprietary products or services, without prior approval of the City. Specifications shall be prepared in CSI 2020 format.

Coordination and preparation of documentation to facilitate permits and outreach with utility companies, regulatory agencies, and other stakeholders will also be consultant responsibility. If a Storm Water Management Plan (SWMP) is required for the project, and the specifications will include the SWPPP requirements by the contractor.

Utility Mapping
CONSULTANT to collect available mapping, and to perform a land survey of the project site with a union survey crew. We propose to implement the following methods for Project Mapping:
• Send letters to Utility Companies (PG&E, AT&T, Comcast, etc.) to get each utility company mapping.
• Review City GIS Mapping
• Perform Field Topographic Surveying (by our in-house union survey crew) • Back check the above items against utility mapping obtained from City and Utility Companies

Record Right of Way
This Peery Park Area Transportation Improvements project does not anticipate any right of way acquisition, the right of way will be shown approximately based on record maps, APN maps and other record maps which we will obtain from our subscription to Parcel Quest.

Parking Study
Traffic Patterns will conduct parking occupancy counts along Potrero Avenue and off-streets counts along Potrero Avenue, Hermosa Ave, and Hermosa Court, at various time of the day, approximately every hour between 7am and 6pm to determine parking utilization.

Parking turn over studies help to identify hot spot parking demand areas and to educate policy makers regarding street usage and demand. While parking removal is not an impact under the California Environmental Quality Act (CEQA), parking removal can spur strong community concerns. The parking turn over studies help to identify hot spot parking demand areas and to provide policy makers data regarding on-street parking usage and demand. Our team will summarize the parking occupancy demand results in both a tabular and graphical format that can be used in community engagement meeting and policy approval presentations.

An additional consideration can be document how long specific vehicles are parked in area to determine visitor, employee, business owner uses. Our team can conduct this additional information by tracking the last three digits of vehicle license plates during each 2-hour parking turnover study.

Deliverables: Parking Study for on-street and on-site.

Caltrans Preliminary Environmental Study (PES) and Field Review: Since the Peery Park Area Transportation Improvements project will utilize federal grant funds, compliance with the NEPA and related federal statutes will be required. David J. Powers & Associates (DJP&A) will undertake the required studies, following the Caltrans Office of Local Assistance procedures and utilizing the formats published on the Caltrans Standard Environmental Reference (SER) website.

DJP&A will also work with the City and project team to develop a project description for submittal to Caltrans. DJP&A will prepare the Caltrans’ Preliminary Environmental Study (PES) form and attend one formal Caltrans Field Review for the Potre ro Avenue. The PES form will include a Attachment 1

Page 13 of 38 ends

visual impact assessment, USFWS list of federally listed species, Federal Emergency Management Agency (FEMA) floodplain map, and hazardous materials database mapping.

NEPA Environmental Technical Memos and Studies: Based on our recent experience working on Caltrans Local Assistance Projects in the greater Bay Area, we believe Caltrans will require the preparation of the following technical memos for the Potrero Avenue, which would be prepared by DJP&A:
• Air Quality (MTC PM2.5 exemption email)
• Water Quality (Construction BMPs)
• Noise (Conformance with City Ordinance, limit night work) • Traffic Control Plan (Proposed detours)
• Equipment Staging during Construction (Staging location details) • Hazardous Waste (Lead Paint Compliance/Thermoplastic Striping) • Community Impacts (removal of existing parking)

The traffic control and equipment staging memos will be based on information provided by the Project Team. The memos will be prepared based on Caltrans’ Standard Environmen tal Reference (SER) and submitted to the City for their review. DJP&A will revise the memos once and submit them back to the City for submittal to Caltrans. Design team will prepare the MTC air quality conformity questionnaire and submit it to MTC Air Quality Conformity Task Force.

This scope assumes the project will NOT be found to be a project of air quality concern and no PM2.5 hot-spot analysis will be required. Based upon review comments by Caltrans, DJP&A, with concurrence from the City, will revise the memos once for resubmittal to Caltrans. After the memos are deemed complete by Caltrans, they will issue the NEPA Categorical Exclusion (CE) for use by the City in obtaining federal funding. We believe that the project will qualify as a Categorical Exclusion under NEPA (23 CFR 771.117; (c) (3): Construction of bicycle and pedestrian lanes, paths, and facilities).

CEQA Environmental Clearance: Given the nature of the improvements proposed, we believe the project falls under a Class 1 Categorical Exemption under CEQA. The Class 1 exemption as identified in CEQA Section 15301, Existing Facilities (c), includes “Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities ...” . We assume City of Sunnyvale will be the lead agency under CEQA. We assume City will prepare the project Notice of Exemption (NOE), will file the NOE at the Santa Clara County Clerk’s office, and pay the $50 filing fee

Critical Design Issues:

CONSULTANT team will review the following items during the preliminary design:

1. E-76 Approval process

2. Parking Study - on-street and on-site

3. Environmental - PES Forms + NEPA/CEQA

4. Private Property Impacts (Grading and tree root impacts). Design assumes all improvements are in public right of way.

5. Utility Coordination for High-Risk Existing Utilities - Air Product Nitrogen, PG&E Gas etc. vs Lighting

All submittals shall include digital copies (PDF and native format) of documents which are part of the submittal package . File sizes need to be less than 100 MB, and as compressed as possible without significant degradation to image quality or loss of resolution to text.

1. 30% Submittal:
a. 30% plans: Cover sheet and plan sheet with base mapping and preliminary details.

Attachment 1

Page 14 of 38 ends

b. Cut sheets for equipment/appurtenances.
c. Documentation of outreach with franchise utility companies for facilities needed to be relocated or adjusted to grade as a result of the proposed construction activities. d. Project schedule update.
e. 30% construction cost estimate.
f. Tech Memos and other reports necessary for NEPA clearance. g. Brief memorandum of determination of project’s CEQA needs. h. Brief memorandum of determination if the project’s construction activities are within the NPDES Construction General Permit. Include project type and risk level. i. Table of Contents list for technical specifications. j. GSI design (optional).
k. Start discussions with PG&E for new lighting.

2. 75% Submittal: The major project design issues have been discussed and addressed on the plans or specifications during this stage. The intent of this submittal is to provide plans and project documents in sufficient detail to allow for complete review. Applications for Right of Way and Utility Certification and E76 Construction Authorization must be underway.

a. 75% Plans: All subcontracted work shall be accounted for in this submittal. All project details have been accounted for.
b. 75% specifications:
• Technical specifications, with the first section including the following:
o Bid item descriptions and measurement and payment provisions to be provided at the 100% submittal, after the final list of bid items is completed
o A list of minimum required submittals during construction will be included at the 100% submittal
o List of information available to Bidders, with disclaimer o A table listing all inspections (including any special inspections and materials testing) and associated responsibility
o A list of materials requiring warranties, and associated warranty periods c. Project schedule update.
d. 75% construction cost estimate in the form of the bid schedule. e. Utility conflicts have been resolved or a timeline for resolution of issues has been determined. Coordination with PG&E for any new required electrical service will be in the process.
f. CEQA documentation, suitable for filing at the County Recorder’s Office. g. Responses to the City’s review comments on the 30% submittal, along with return of mark-ups.
h. Other supporting documentation as necessary.
i. Attend a review meeting with the City staff.

Processing E-76
CONSULTANT to make the E-76 submittal to Caltrans immediately after the 75% submittal.

The steps involved in getting the plans ready are the following:
• Complete the 75% plans, specifications, and estimate
• Deliver the plans to the City and participate in a review meeting with staff to confirm the plans are in general agreement with the city
• Forms are signed after 75% submittal
• Change the borders on the 75% plans to: “100% Permit Submittal”

Attachment 1

Page 15 of 38 ends

Caltrans will provide a Standard Mitigations Measure Letter . Listed below are the forms to be included in the E-76 package.

1. Exhibit 3-A: Project Authorization/Adjustment Request

2. Copy of Funding Source - FTIP

3. Exhibit 7-B: Field Review Form (prepared by Caltrans at the Field Review Meeting)

4. Exhibit 6-F: Environmental Clearances - Categorical Exemption or Exclusion (NEPA)

5. Exhibit 12 -D: PS&E Checklist, complete after the boilerplate specifications are finished

6. Exhibit 13-A: Short Form R/W Certification, with Notice to Owner letters

7. Exhibit 14-C: FHWA Specific Authorization to Relocate Utilities (if applicable)

8. PS&E - Plans, Specifications, Estimate and Bid Form, provided by the Design Team

9. Exhibit 9-D: DBE calculations

3. 100% Submittal: All issues, prior comments, and concerns must be addressed in this submittal. The E76 for Construction must be obtained prior to bidding of the project.

a. 100% plans
• Peer review shall have been accomplished by this stage, with the statement and signature on the cover sheet.
b. 100% specifications
• Reviewed bid instructions
• Finalized technical specifications
c. Project schedule update.
d. 100% construction cost estimate.
e. Responses to the City’s review comments on the 75% submittal, along with return of mark-ups.
f. Other supporting documentation as necessary , including Storm Water Management Plan Third Party Certification.
g. Any required new electrical service design has been received from PG&E. h. GSI design (optional).
i. Attend a review meeting with the City staff.

E. Bid Package
The bid package shall be finalized upo n incorporation of the City’s final comments from the 100% submittal, and incorporation of resolved and agreed upon comments, if appropriate.

Submit hard copies and digital format (PDF and native format) of each of t he documents listed below:

1. One hard copy of full sized plans (24” x 36”), stamped and signed on each sheet by the Engineer of Record and by discipline.

2. One digital copy of the specifications.
a. Technical specifications, with cover sheet stamped and signed by all necessary disciplines.

3. Final project schedule update.

4. Final construction cost estimate.

F. Bidding Services
Consultant will respond to all bidder’s requests for information (RFIs), and support the City’s coordination efforts to inform plan-holders of significant responses to RFIs and prepare addenda as necessary. During bidding, all proposers’ communications will be directed through the City’s Purchasing Officer.

G. Construction Support Services
Attachment 1

Page 16 of 38 ends

The City’s construction management team will have primary responsibility for construction management and inspection. Task G1 and G2 in the budget spreadsheet indicate the allowance for hours for construction support, to be reported on a monthly basis . The consultant’s point of contact will be the City’s construction manager, not the contractor.

The following is a minimum list of services and submittals required.

1. Attend and prepare information for an internal handoff meeting from the design team to the construction management team. Consultant shall be prepared to address: possible construction pitfalls, items for the construction management team to be aware of (special working hours, shortened timelines for submittal reviews, etc.).

2. Attend the pre-construction meeting.

3. Attend two or three periodic construction progress meetings.

4. Participate in the final inspection and development of punch lists.

5. Respond to RFIs, w hich includes clarifying or providing revisions or additional detail where necessary on the plans and specifications. Response to RFIs shall be timely in order to avoid construction delays and claims.

6. For projects with a building permit, the consultant sha ll stamp and sign any revisions to the contract plans as a result of responses to RFIs or as a result of executed change orders.

Consultant shall ensure that all changes are in compliance with the applicable codes.

Coordination with the Building Department may be necessary.

7. Review and respond to all submittals within the period allocated in the contract documents and as necessary to avoid construction delays and claims.

8. Review proposed substitutions, if any, for conformance to plans and technical specifications.

9. Review and make recommendations on proposed changes to the contract (Request for Quotations and Contract Change Orders).

10. Prepare Record Drawings based upon red -lines provided by the contractor and field reviews. The Record Drawings shall be prepared digitally, using AutoCAD. Final Record Drawings shall be submitted electronically, in PDF and CAD format.

11. Participate in the “Lessons Learned Meeting” with all parties at the end of the project.

IV. Available Documents
The below list of information is available for information only.

• Peery Park Specific Plan
• Record drawings of development project: DP-06-08, DP-07-02, DP-12-04, DP-14-02, DP- 14-10, DP-14-06, DP-66-34, DP-67-40, DP-69-59, DP-69-61, DP-71-25, DP-72-35, DP-72- 47 and DP-76-3. The City does not guarantee the accuracy or completeness of record drawings. Consultant shall verify all information to their professional satisfaction. • Utility block maps for City sanitary sewer and storm drain are available on the City’s website.

City staff will provide block maps for water and streetlight as necessary. https://sunnyvale.ca.gov/services/map/utility.htm
• Benchmarks for vertical control are listed on the City’s website:
https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?BlobID=23803 City standard specifications and details are available on the City’s website- Details:
https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?BlobID=23987 Specifications:
https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?BlobID=23805 The below information will be provided during design to the consultant. • GIS data for property lines, street center lines, and two (2) foot contours • Aerial photographs from 2011 (ArcGIS format)
Attachment 1

Page 17 of 38 ends

• City standard plan cover sheet

Attachment 1

Page 18 of 38 ends

ID Task
Name Duration Start Finish Predeces
sors
1 NTP 0 days Tue 2/15/22 Tue 2/15/22
2 Subagr
eements & Subconsultant Start-up 1 wk Tue 2/15/22 Mon 2/21/22 1 3 Base Mapping and
Utility Mapping 30 days Tue 2/15/22 Mon 3/28/22
4 Surv
eying, Aerial & Base Mapping 4 wk
s Tue 2/15/22 Mon 3/14/22 1
5 Utility
Letters and Utility Mapping 6 wk
s Tue 2
/15/22 Mon 3/2
8/22 1
6 Propert
y Lines from Parcel Quest 4 wk
s Tue 2/15/22 Mon 3/14/22 1
7 35% Design 55 days Tue 2/22/22 Mon 5/9/22
8 Park
ing Study + Memorandum 4 wk
s Tue 2/22/22 Mon 3/21/22 2
9 City
review of Parking Memo 1 wk Tue 3/22/22 Mon 3/28/22 8
10 Rev
ise Parking Memo per City comments 2 wk
s Tue 3/29/22 Mon 4/11/22 9
11 Prelimi
nary layout and estimate 6 wk
s Tue 3/15/22 Mon 4/25/22 4
12 City
Submittal 0 day
s Mon 4/2
5/22 Mon 4/2
5/22 11
13 Initial Conce
pt Review Mtg 0 days Mon 4/25/22 Mon 4/25/22 12
14 City
Review Period and Refine 2 wk
s Tue 4/26/22 Mon 5/9/
22 13
15 Communit
y Input 30 days Tue 4/12
/22 Mon
5/23/22
16 Prepare
Letters to Property Owners 2 wk
s Tue 4
/12/22 Mon 4/2
5/22 10
17 City
staff Review of letters to Property owners 1 wk Tue 4
/26/22 Mon 5/2
/22 16
18 Rev
ise and send out letters to Property owners 2 wk
s Tue 5
/3/22 Mon 5/1
6/22 17
19 Compil
e responses to property owners 1 wk Tue 5
/17/22 Mon 5/2
3/22 18
20 Communit
y & Committee Meetings 94 days Wed 3/2/2
2 Tue 7/12
/22
21 Comm
unity Meeting #1 notification and flyers 4 wk
s Wed 3
/2/22 Wed 3
/30/22 22SF
22 Comm
unity Meeting #1 for Preliminary Design 0 day
s Wed 3
/30/22 Wed 3
/30/22
23 BPAC
Meeting 0 day
s Thu 6
/30/22 Thu 6
/30/22
24 City
Council Meeting 0 day
s Tue 7
/12/22 Tue 7
/12/22
25 75% PS&
E 65 days Tue 5/10/22 Mon 8/8/22
26 Plans, Speci
fications & Estimate (prior to Council) 9 wk
s Tue 5/10/22 Mon 7/11/22 14
27 Plans, Speci
fications & Estimate (after Council) 1 wk Tue 7/12/22 Mon 7/18/22 24 28 City
Submittal 0 day
s Mon 7/1
8/22 Mon 7/1
8/22 27
29 City
Initial Review Meeting 0 days Mon 7/18/22 Mon 7/18/22 28 30 Continu
ed City Review period this submittal 3 wk
s Tue 7/19/22 Mon 8/8/
22 29
NTP
City Submit
tal
Initial Concept Rev
iew Mtg
Commun
ity Meeting #1 for Preliminary Design
BPAC M
eeting
City Coun
cil Meeting
City Submit
tal
City Initial Rev
iew Meeting

D J F M A M J J A S O N D J F M A M J J A S O N D J F M 2022 2023
City o
f Sunnyvale - Peery Park Area Transportation Improvements

1.10.202
1 Exhibit A-1
Attachment 1

Page 19 of 38 ends

ID T
ask Name Duration Start Finish Pr
edecessors
31 Util
ity Coordination 75 day
s T
ue 5/10/22 M
on 8/22/22
32 Util
ity Co applications after preliminary submittal 3 w
ks T
ue 5/10/22 Mon
5/30/22 14
33 Util
ity company coordination 12 w
ks T
ue 5/31/22 Mon
8/22/22 32
34 Ca
ltrans Processing (E76 projects) 210
days T
ue 2/15/22 Mon 12/5/
22 35 PE
S Form and Arrange Field Review 8 w
ks T
ue 2/15/22 M
on 4/11/22
36 Ca
ltrans Mitigation Letter 7 w
ks T
ue 4/12/22 M
on 5/30/22 35
37 Ca
ltrans Field Review Meeting 0 w
ks M
on 4/11/22 M
on 4/11/22 35
38 E-76 submittal Comments,
Review, and Resubmittals 20 w
ks T
ue 7/19/22 M
on 12/5/22 27
39 En
vironmental Determination 80 day
s T
ue 4/26/22 Mon 8/
15/22
40 Initial
Site Assessment 3 w
ks T
ue 4/26/22 M
on 5/16/22 11
41 Ad
ditional Tech studies, Reports, Notifications,
Ap
provals
13 w
ks T
ue 5/17/22 M
on 8/15/22 40
42 NE
PA / CEQA Completed 0 day
s M
on 8/15/22 M
on 8/15/22 41
43 100
% PS&E 80 day
s T
ue 8/9/22 Mon 11/28/22
44 Pl
ans, Specifications & Estimate 8 w
ks T
ue 8/9/22 M
on 10/3/22 30
45 Ci
ty Submittal 0 day
s M
on 10/3/22 M
on 10/3/22 44
46 Initial
City Review (Virtual Mtg or in the field) 0 day
s M
on 10/3/22 M
on 10/3/22 45
47 Ci
ty Review Period 3 w
ks T
ue 10/4/22 M
on 10/24/22 46
48 Prepa
re RFA E76 5 w
ks T
ue 10/25/22 M
on 11/28/22 47
49 Bid PS
&E 35 day
s T
ue 10/25/22 Mon 12/12/22
50 Ba
ck Check PS&E 7 w
ks T
ue 10/25/22 M
on 12/12/22 47
51 Bi
d Submittal 0 day
s M
on 12/12/22 M
on 12/12/22 50
52 A
DVERTISE / CONSTRUCTION 320
days T
ue 12/13/22 Mon 3/
4/24
53 Ci
ty Staff Bid Preparation 1 w
k T
ue 12/13/22 M
on 12/19/22 51
54 Ad
vertise for Bids 5 w
ks T
ue 12/20/22 M
on 1/23/23 53
55 Bi
d Opening 0 day
s M
on 1/23/23 M
on 1/23/23 54
56 Aw
ard + NTP 6 w
ks T
ue 1/24/23 M
on 3/6/23 55
57 Fi
eld Construction 52 w
ks T
ue 3/7/23 M
on 3/4/24 56
Caltrans Field Rev
iew Meeting
NEP
A / CEQA Completed
City
Submittal
Initial City
Review (Virtual Mtg or in the field)
Bid Submit
tal
Bid O
pening

D J F M A M J J A S O N D J F M A M J J A S O N D J F M 20 22 20
23 City
of Sunnyvale - Peery Park Area Transportation Improvements

1.10 .2021
Attachment 1

Page 20 of 38 ends

Exhibit B
COST PROPOSAL
Federal Project# CML-5213 (061)
Proposal for:Peery Park Area Transportation Improvements Project Mark Ups ODCs Total
Environ.

Parking Memo,
Public Outreach &
Signing/Striping
Street
Lighting Landscape Potholing
David Powers &
Assoc. (DBE)
Traffic Patterns
(DBE)
Pezzoni
Engineers
RHAA
(DBE)
BTL
(DBE)
$266.54 $270.48 $242.89 $151.57 $95.17 $81.93 $183.82 $278.00 LS Fee LS Fee LS Fee LS Fee LS Fee A 50 16 16 82 $20,080 $20,080
B
1 Preparation of Materials for Community Meeting, Letters to Property Owners, & Rendering 6 1 32 42 40 121 $13,994 $2,200 $4,130 $2,413 $22,737 2 Attend Community Meeting 12 6 18 $4,821 $1,000 $50 $5,871 3 Preparation of Materials for BPAC Meeting 6 1 32 39 $6,720 $2,200 $8,920 4 Attend BPAC Meeting 6 3 9 $2,411 $1,000 $50 $3,461
5 Attend City Council Meeting 6 3 9 $2,411 $1,000 $50 $3,461 6 Mailing of Notices to Businesses (mail to Business/Property Owners along Potrero Ave, Hermosa Court, and Hermosa Ave) $2,000 $100 $1,500 $3,600 C
1 Field Review, PES Forms and Coordination 4 1 4 9 $1,943 $7,437 $372 $9,752 2 CEQA Categorical Exemption/NEPA 2 4 6 $1,139 $16,647 $832 $18,619 D
1 Topographic Survey 1 40 12 36 89 $15,758 $15,758
2 Request for Utility Letters + Utility Mapping 2 12 48 62 $6,285 $6,285 3 30% Design Submittal 16 2 64 84 123 289 $32,578 $4,412 $221 $552 $37,762 4 Parking Memorandum 4 2 8 14 $2,820 $8,900 $445 $12,165 5 Potholing (Allowance = 8 potholes at New SD vs. Ex. Utilities) 2 32 34 $3,155 $20,778 $1,039 $24,972 6 75% Design Submittal 32 4 3 84 124 132 379 $45,688 $5,000 $4,000 $15,767 $1,238 $71,693 7 Notice to Owner Letters, Utility Coordination and Coordination with County 16 4 24 40 84 168 $19,673 $19,673
8 100% Design Submittal 24 2 3 63 94 120 306 $35,993 $2,000 $2,000 $9,384 $669 $50,046 9 ROW Certifications Forms 1 4 24 29 $3,157 $3,157
10 Assistance with RFA Package (E-76) 2 8 10 $1,294 $1,294 E 4 1 12 32 49 $6,201 $1,000 $1,500 $2,628 $256 $11,585 F 2 8 12 24 46 $4,854 $4,854
G
1 Level 1 Engineering Support during Construction 2 42 68 112 $10,101 $1,000 $500 $3,000 $225 $14,826 2 Level 2 Engineering Support during Construction 12 4 12 64 84 176 $19,072 $10,438 $522 $30,032 212 50 6 379 566 795 12 36 2056
$260,147 $24,084 $27,300 $8,000 $49,759 $20,778 $6,070 $4,465 $400,603 DBE % 30.43% Project
1 4 2 8 16 24 54 $6,309 $4,500 $552 $11,361
2 $7,300 $365 $552 $8,217
1 2
3 Assume potholing depth is 7' max.

Basic Service Subtotal
Total Fee
Project Management
Community Outreach
Design Development
Bid Package
5% Sub
Mark Up
Other
Direct
Costs
Bidding Services
Task Description Total
Hours
Union
Survey Crew
Notes:

Construction Support
Asusme no encroachment fee for Potholing
Task
#
Project
Manager Principal QA/QC Sr. Civil
Engineer
City of Sunnyvale
Tasks Bellecci Labor Subconsultants
11-Jan-22
Bellecci & Associates, Inc.

Environmental Services
Land
Surveyor
Associate
Engineer
Asst.

Engineer
Distribution of Hours may vary
Total Labor
Costs
Optional Services
Green Stormwater Infrastructure (GSI) Design
Section 106 Environmental Allowance (no Historic Resource Evaluation Report or Extended Phase 1 testing)
01/11/2022 1/1
Attachment 1

Page 21 of 38 ends


Note: Mark‐ups are Not Allowed
Consultant:

Project No:

Contract No. None Date:

DIRECT LABOR
Classification/Title
Project Manager
Principal
Peer Reviewer (Principal)
Land Surveyor
Senior Civil Engineer
Associate Engineer
Assistant Engineer
LABOR COSTS
a) Subtotal Direct Labor Costs $91,652.72
b) Anticipated Salary Increases (see page 2 for calculation) $0.00 INDIRECT COSTS
d) Fringe Benefits (Rate: 47.36% ) $ $43,406.73
Overhead (Rate: 100.91% ) $ $92,486.76
h) General and $ $0.00
Administration Rate: 0.00% )
$ $135,893.49
FIXED FEE 10.00% $ $22,754.62
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) ‐ ITEMIZE (Add additional pages if necessary) Unit Cost
552.00$
2,413.00$
1,463.89$
5,944.00$
$ $10,372.89
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: David J Powers & Assoc. (DBE) $ $24,084 Subconsultant 2: Traffic Patterns (DBE) $ $27,300
Subconsultant 3: Pezzoni Engineers $ $8,000
Subconsultant 4: RHAA (DBE) $ $49,759
Subconsultant 5: Central State Land Surveys $ $10,008
Subconsultant 6: Bess Testlab, Inc. (DBE) $ $20,778
$ $139,929
$ $150,302
$ $400,603
$981.48
Actual Hourly Rate
$97.85
$99.38
$94.08
$54.97
$41.81
Hours
212
50 6
379
$81.7912
TOTAL COST [(c)+(j)+(k)+(n)]
$1,463.89
Unit
l) TOTAL OTHER DIRECT COSTS
m) TOTAL SUBCONSULTANT'S COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] Total
$552.00
$2,413.00
$5,944
Rendering Costs
Subconsultant Markups
Plan Sheets ‐ 24"x36" B&W
j) TOTAL INDIRECT COSTS [(e)+(g)+(i)]
k) TOTAL FIXED FEE [(c)+(j)]x Fixed fee
Description of Item
Equipment Rental & Supplies
Mileage Costs
Quantity
$91,652.72c) TOTAL DIRECT LABOR COSTS [(a) + (b)]
e) Total Fringe Beneficts [(c)x (d)]
g) Overhead [(c)x (f)]
i) Gen & Admin, [(c)x(h)]
EXHIBIT 10‐H1 COST PROSPOSAL PAGE 1 OF 3
$564.48
475
695
ACTUAL COST‐PLUS‐FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL)
$23,700.18
Federal Project# CML‐5213 (061)
Name Total
$20,744.20
$4,969.00
$20,833.63
$19,859.75
Prime Consultant Subconsultant
Bellecci & Associates, Inc.

Peery Park Area Transportation Improvements Project
1/11/2022
$34.10
Attachment 1

Page 22 of 38 ends

Consultant:

Project No:

Contract No. None Date:

Total Hours Avg Hourly
per Cost Rate
Proposal
1,829 $50.11
Avg Hourly Proposed
Rate Escalation
Year 1 $50.11 + 4% = $52.11
Year 2 $52.11 + 4% = $54.20
Year 3 $54.20 + 4% = $56.37
Year 4 $56.37 + 4% = $58.62
Estimated % Total Hours Total Hours
Completed per Cost per
Each Year Proposal Year
Year 1 100% * 1,829 = 1,829
Year 2 0% * 1,829 = 0
Year 3 0% * 1,829 = 0
Year 4 0% * 1,829 = 0
Year 5 0% * 1,829 = 0
Total 100%
Avg Hourly Estimated
Rate Hours
(Calc. above) (Calc. above)
Year 1 $50.11 * 1,829 = $91,652.72
Year 2 $52.11 * 0 = $0.00
Year 3 $54.20 * 0 = $0.00
Year 4 $56.37 * 0 = $0.00
Year 5 $58.62 * 0 = $0.00
$91,652.72
$91,652.72
$0.00 Transfer to Page 1
Hourly Rate
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
Total Direct Labor Cost with Escalation

2. Calculate Hourly Rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) 1/11/2022

1. Calculate Average Hourly Rate for 1st year of the Contract (Direct Labor Subtotal divided by total hours) Direct Labor Subtotal
per Cost Proposal
5 Year Contract
Duration
EXHIBIT 10‐H1 COST PROSPOSAL PAGE 2 OF 3
ACTUAL COST‐PLUS‐FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATION FOR ANTICIPATED SALARY INCREASES)
Bellecci & Associates, Inc.

Peery Park Area Transportation Improvements Project
Federal Project# CML‐5213 (061)
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Estimated Hours Year 1
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Estimated Hours Year 2
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
Year 4 Avg Hourly Rate
Year 5 Avg Hourly Rate

3. Calculate estimated hours per year (Multiplu estimate % each year by total hours) Estimated Hours Year 1
$91,652.72 Year 1 Avg
Attachment 1

Page 23 of 38 ends

Consultant:

Project No:

Contract No. None Date:

NOTES:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase of years of the contract, and a breakdown of the labor to be performed each year.

2. An Estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are are granted.

4. Calculations for anticiapted salary escalation must be provided .

Federal Project# CML‐5213 (061)
1/11/2022
EXHIBIT 10‐H1 COST PROSPOSAL PAGE 3 OF 3
ACTUAL COST‐PLUS‐FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATION FOR ANTICIPATED SALARY INCREASES)
Bellecci & Associates, Inc.

Peery Park Area Transportation Improvements Project
Attachment 1

Page 24 of 38 ends

Exhibit C

INSURANCE REQUIREMENTS FOR CONSULTANTS

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Consultant, his agents, representatives, or employees.

Minimum Scope and Limits of Insurance. Consultant shall maintain limits no less than:

1. Commercial General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage. ISO Occurrence Form CG 0001 or equivalent is required.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.

3. Workers' Compensation Statutory Limits and Employer's Liability: $1,000,000 per accident for bodily injury or disease.

Industry Specific Coverages. If checked below, the following insurance is also required:

x Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $2,000,000 per occurrence.

If working directly with children, the Certificate of Insurance must include coverage for molestation and sexual abuse in the minimum amount of $1,000,000 per occurrence and $2,000,000 aggregate. In the event that Abuse & Molestation Liability coverage is provided via a Claims Made Policy, the coverage shall include a minimum of a five year extended reporting clause.

Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared and approved by the City of Sunnyvale. The consultant shall guarantee payment of any losses and related investigations, claim administration and defense expenses within the deductible or self-insured retention.

Other Insurance Provisions

The general liability and automobile liability policies (and if applicable, pollution liability, sexual abuse and molestation, and builder’s risk policies) shall contain, or be endorsed to contain, the following provisions:

1. The City of Sunnyvale, its officials, employees, agents and volunteers are to be covered as addition al insureds with respects to liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Sunnyvale, its officers, employees, agents or volunteers.

2. For any claims related to this project, the Consultant's insurance shall be primary. Any insurance or self-insurance maintained by the City of Sunnyvale, its officers, officials, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Sunnyvale, its officers, officials, employees, agents or volunteers.

4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Sunnyvale.

6. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shal l not serve to reduce the CONSULTANT’S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available t o the named insured, whichever is greater.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best's rating of not less than A:VII, unless otherwise acceptable to the City of Sunnyvale.

Verification of Coverage

Consultant shall furnish the City of Sunnyvale with original a Certificate of Insurance effecting the coverage required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates are to be received and approved by the City of Sunnyvale prior to commencement of work.

Subcontractors
CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to these requirements. Failure of CONSULTANT to verify existence of sub-contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.

Attachment 1

Page 25 of 38 ends

Exhibit “D”

FEDERAL FORMS
• Exhibit 10-O2 Consultant Contract DBE Commitment
• Exhibit 10-H1 Cost Proposal Example
• Exhibit 10-H4 Cost Proposal Example with Prevailing Wages • Exhibit 10-I Notice to Proposers DBE Information
• Exhibit 10-K Certification of Contract Costs and Financial Management System • Exhibit 10-Q Disclosure of Lobbying Activities
• Exhibit 10-U Consultant in Management Support Role Conflict of Interest and Confidentially Statement • Exhibit 15-H DBE Information – Good Faith Efforts
Attachment 1

Page 26 of 38 ends

Sunnyvale • Perry Park Area Transportation Improvements 41 Tab 10: Federal Forms
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE: 

7. Description of Work, Service, or Materials
Supplied

8. DBE
Certification
Number

10. DBE %
%
Local Agency to Complete this Section

17. Local Agency Contract Number:

18. Federal-Aid Project Number:

19. Proposed Contract Execution Date:

20. Consultant’s Ranking after Evaluation: __________________________ Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

9. DBE Contact Information

11. TOTAL CLAIMED DBE PARTICIPATION
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

12. Preparer's Signature 13. Date

14. Preparer's Name 15. Phone

16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

LPP 18-01 Page 1 of 2
January 2019
Reset Form
City of Sunnyvale 20%
Sunnyvale, CA
Peery Park Transportation Safety Improvements
Bellecci & Associates
Landscape Architect (Planting/Irrigation Plans)
Parking Study, Signing, & Striping
NEPA/CEQA & any Technical Studies
38428
037944
38205
RHAA
John Martin 415 • 383 • 7900
Traffic Patterns
Jaime Rodriguez 408 • 916 • 8141
David J. Powers
Will Burns 510 • 902 • 5850
Potholing, Utility Locating 34267 Bess Test Lab
Joseph Bohorquez 408 • 988 • 0101

12.98%

4.73%

6.87%

5.42%
30 Anoop Reddy Admal, PE, LSIT, QSD, MSCE
Principal
925 • 681 • 4880
10/1/21
Attachment 1

Page 27 of 38 ends


Note: Mark‐ups are Not Allowed
Consultant:

Project No:

Contract No. None Date:

Peery Park Area Transportation Improvements Project
1/11/2022
$34.10
Attachment 1

Page 28 of 38 ends

Consultant:

Project No:

Contract No. None Date:

2. Calculate Hourly Rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) 1/11/2022

3. Calculate estimated hours per year (Multiplu estimate % each year by total hours) Estimated Hours Year 1
$91,652.72 Year 1 Avg
Attachment 1

Page 29 of 38 ends

Consultant:

Project No:

Contract No. None Date:

NOTES:

2. An Estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are are granted.

4. Calculations for anticiapted salary escalation must be provided .

Peery Park Area Transportation Improvements Project
Attachment 1

Page 30 of 38 ends

Attachment 1

Page 31 of 38 ends

Sunnyvale • Perry Park Area Transportation Improvements 42 I
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION
(Federally funded projects only)
The Agency has established a DBE goal for this Contract of _____

1. 2.

3. 4.

TERMS AS USED IN THIS DOCUMENT
• The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.
• The term "Agreement" also means "Contract."
• Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65.

AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs").

The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.

B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.

SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation shall be collected and reported.

Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form.

DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following:

A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).

B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.

C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:

1. The proposer is a DBE and will meet the goal by performing work with its own forces.

2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.

3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.

Page 1 of 2 ends

January 2020
20%
Tab 10: Federal Forms
Attachment 1

Page 32 of 38 ends

Sunnyvale • Perry Park Area Transportation Improvements 43 Tab 10: Federal Forms
Attachment 1

Page 33 of 38 ends

Sunnyvale • Perry Park Area Transportation Improvements 44 Tab 10: Federal Forms
Attachment 1

Page 34 of 38 ends

Sunnyvale • Perry Park Area Transportation Improvements 45 Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities

Page 1 ends

LPP 13-01 May 8, 2013
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:

a. contract


a. bid/offer/application

a. initial
b. grant b. initial award b. material change c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known

Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)

(attach Continuation Sheet(s) if necessary)

12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply)

$ _____________ actual planned a. retainer
b. one-time fee

13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred Value _____________ f. other, specify _________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:

(attach Continuation Sheet(s) if necessary)

16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________

Print Name: _______________________________________

Title: ____________________________________________

Telephone No.: ____________________ Date: ___________

Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL

Standard Form LLL Rev. 04-28-06

Distribution: Orig- Local Agency Project Files

Tab 10: Federal Forms
a a
a
11 NA
NA
NA
NA
NA
NA
X
Anoop Reddy Admal, PE, LSIT, QSD, MSCE
Principal
925 • 681 • 4880 1 0/1/21
Attachment 1

Page 35 of 38 ends

Sunnyvale • Perry Park Area Transportation Improvements 46 Local Assistance Procedures Manual Exhibit 15-H
DBE Information - Good Faith Effort

Page 15 ends

OB 12-04 June 29, 2012
EXHIBIT 15-H DBE INFORMATION —GOOD FAITH EFFORTS

DBE INFORMATION - GOOD FAITH EFFORTS
Federal-aid Project No. ______________________________ Bid Opening Date ___________________ The established a Disadvantaged Business Enterprise (DBE) goal of _____% for this project. The information provided herein shows that a good faith effort was made.

Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the “Local Agency Bidder DBE Commitment” form indicates that the bidder has met the DBE goal. This will protect the bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

Submittal of only the “Local Agency Bidder DBE Commitment” form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made.

The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions:

A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publications Dates of Advertisement
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of DBEs Solicited Date of Initial
Solicitation
Follow Up Methods and Dates
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Tab 10: Federal Forms
CML-5213(061) 10/7/21
City of Sunnyvale
20 NA. The DBE goal is being exceeded.

RHAA 9 /21/21 9 /28. Via email
Traffic Patters 9 /21/21 9 /28, 10/4. Via email
David J. Powers 9 /28/21 9 /28, 10/1, 10/4. Via email
Attachment 1

Page 36 of 38 ends

Sunnyvale • Perry Park Area Transportation Improvements 47 Exhibit 15-H Local Assistance Procedures Manual
DBE Information -Good Faith Effort

Page 15 ends

June 29, 2012 OB 12-04
C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms.

Items of Work Bidder Normally
Performs Item
(Y/N)
Breakdown of
Items
Amount
($)
Percentage
Of
Contract
______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:
_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Names, addresses and phone numbers of firms selected for the work above:
_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs:
_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Tab 10: Federal Forms
Landscape Arch.(Planting/Irrigation Plans) N Y N 1 2.98& Parking Study, Signing, & Striping N Y N 4 .73%
NEPA/CEQA & any Technical Studies N Y N 6 .87%
Potholing N Y N 5.42%
NA. The DBE goal is being exceeded.

RHAA M ill Valley & SF, CA 4 15 • 383 • 7900
Traffic Patterns D anville, CA 4 08 • 916 • 8141
David J. Powers Oa kland, CA 5 10 • 902 • 5850
RHAA M ill Valley & SF CA 4 15 • 383 • 7900
NA. The DBE goal is being exceeded and these firms are all established, high quality firms with lines of credit and insurance, with high levels of technical expertise.

Attachment 1

Page 37 of 38 ends

Sunnyvale • Perry Park Area Transportation Improvements 48 Local Assistance Procedures Manual Exhibit 15-H
DBE Information - Good Faith Effort

Page 15 ends

OB 12-04 June 29, 2012
F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of Contact Results ____________________________________________________________________________________ ____________________________________________________________________________________ H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary):
______________________________________________________________________________ ______________________________________________________________________________ NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY.

Tab 10: Federal Forms
NA. The DBE goal is being exceeded and these firms are all established, high quality firms with established equipment, supplies, who do not need assistance.

NA. The DBE goal is being exceeded.

Attachment 1

Page 38 of 38 ends

Sunnyvale City CouncilMay 24, 2022

Sunnyvale City Council
May 24, 2022