Sunnyvale City Council
June 7, 2022

DRAFT CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SUNNYVALE AND MARK THOMAS & COMPANY, INC. FOR STEVENS CREEK TRAIL EXTENSION,

REMINGTON DRIVE TO FREMONT AVENUE
THIS AGREEMENT, dated ______________________________, is by and between the CITY OF SUNNYVALE, a California charter municipal corporation of the State of California ("CITY"), and MARK THOMAS & COMPANY, INC., a California corporation ("CONSULTANT").

WHEREAS, CITY advertised a Request for Proposals (RFP) F22-047 on October 28, 2021; and WHEREAS, CONSULTANT submitted a proposal on December 14, 2021; and WHEREAS, CITY accepted CONSULTANT proposal on December 14, 2021; and WHEREAS, CITY desires to secure professional services necessary fo r investigation, analysis, design, preparation of construction drawings and contract specifications, consultation, services during construction and other services for a project known as Stevens Creek Trail Extension, Remington Drive to Fremont Avenue; 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; and 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.” All exhibits referenced in this Agreement are attached hereto and are incorporated herein by reference. To accomplish that end, CONSULTANT agrees to assign Shawn O'Keefe, PE, QSD to this project, to act in the capacity of Project Manager and personally direct the professional services to be provided by CONSULTANT.

All exhibits, including all associated attachments, are incorporated herein by reference.

Except as specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, super vision 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 Attachment 1

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. Payment of Fees and Expenses

Payments shall be made to CONSULTANT on a monthly basis as set forth in the attached Exhibit “B” entitled “Compensation Schedule.” All compensation will be based on monthly billings as provided in Exhibit "B." Compensation will not be due until said deta iled billing is submitted to CITY within a reasonable time before payment is expected to allow for normal CITY processing. An estimate of the percent of total completion associated with the various categories of the services shall be furnished by CONSULTA NT with said billing. When applicable, copies of pertinent financial records will be included with the submission of billing(s) for all direct reimbursables. 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 Two Million Eight Hundred Forty Thousand Six Hundred Thirty -Seven and No/100 Dollars ($2,840,637.00) for the duration of the contract, as well as optional services in an amount not to exceed Five Hundred Eighty-Seven Thousand Five Hundred Eighty -Five and No/100 Dollars ($587,585.00) unless upon written modification of this Agreement. In no event shall the total amount of compensation payable under this agreement exceed the sum of Three Million Four Hundred Twenty-Eight Thousand Two Hundred Twenty-One and No/100 Dollars ($3,428,221.00). All invoices, including detailed backup, shall be sent to City of Sunnyvale, attention Accounts Payable, P.O. Box 3707, Sunnyvale, CA 94088-3707.

CONSULTANT will be reimbursed as promptly as fiscal procedures will permit upon receipt by the CITY of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT i s billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated in the 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 adminis trators 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 under this Agreement shall be assigned or transferred, either 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 surviving 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.

Attachment 1

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 of CITY in any respect. CONSULTANT is responsible for obtaining statutory Workers' Compensation cov erage 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 an d signature of the professional responsible for their preparation.

8. Standard of Care

CONSULTANT represents and maintains that it is skilled in the professional calling necessary to perform the services and its duties and obligations, expressed and impl ied, contained herein, and CITY expressly relies upon CONSULTANT's representations regarding its skills and knowledge. CONSULTANT shall perform such services and duties in conformance to and consistent with, but not limited to, the standards generally recognized as being employed by professionals in the same discipline in the State of California , practicing in the same or similar locality and under similar circumstances.

The plans, designs, specifications, estimates, calculatio ns 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 minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar projects.

9. Responsibility of CONSULTANT

CONSULTANT s hall 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 co nstrued 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 CONSULTANT for the responsibility CONSULTANT has in accordance with customary standards of good engineering practice in compliance with applicable Federal, State, County and/or municipal laws, ordinances, regulations, rules and orders.

Attachment 1

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 accepted 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 services. 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 or property but only to the extent actually caused by the negligence, r ecklessness or willful misconduct of CONSULTANT, its officers, employees, agents, contractor, subcontractors or any officer, agent or employee Attachment 1

thereof in relation to CONSULTANT’s performance under this Agreement. CONSULTANT has no obligation to pay for any of the CITY’s defense related cost prior to a final determination of liability. In no event shall the cost to defend charged to the CONSULTANT exceed the 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 CONSULTANT 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

The City requires that CONSULTANT shall maintain insurance requirements on the Pacific Insurance Network System (PINS). 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: Mark Thomas & Company, Inc.

Attn: Shawn O’Keefe, PE, QSD
2833 Junction Ave, Ste. 110
San Jose, CA 95134

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.

Attachment 1

19. Amendments

No alterations or changes to the terms of this Agreement shall be valid unless made in writing 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 CONSULTANT’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 submi t 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 produc t completed at that point in time.

B. Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY , or CONSULTANT, also shall have the right to terminate this Agreement for any reason upon ten (10) Attachment 1

days' written notice to the other party. 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.

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, or any other protected characteristic 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 subparagr aphs, 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.

Attachment 1

32. Miscellaneous
Time shall be of the essence in th is Agreement. 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.

33. Signatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the City. This Agreement shall insure to the benefi t of and be binding upon the parties hereto and their respective successors and assigns.

IN WITNESS WHEREOF, the parties have executed this Agreement.

ATTEST: CITY OF SUNNYVALE ("CITY")
By_____________________________ By
City Clerk City Manager
APPROVED AS TO FORM:

MARK THOMAS & COMPANY, INC.
("CONSULTANT")
By
Name/Title
___________________________ By
City Attorney
Name/Title
Attachment 1

Exhibit A
Scope of Work
Stevens Creek Trail Extension, Remington Drive to Fremont Avenue Project number TR-22-01

I. General
The City of Sunnyvale is seeking proposals from engineering and planning firms to provide professional services for conceptual design, environmental clearance, and final design for the Stevens Creek Trail Extension, Remington Drive to Fremont Avenue. The scope of work includes preparation of conceptual designs and analyses, environmental clearance, final design development, bid documents, and bidding/construction support for Public Works competitive bidding. Ancillary work includes structural studies for creek crossings, hydraulic analyses for creek cros sings, landscaping, green stormwater infrastructure, wayfinding signage, photo renderings, environmental studies for CEQA clearance (assuming IS/MND), identification of permitting requirements, prepare all required permits, construction cost estimating, sc hedule monitoring, preparation of reports and recommendations, community outreach and public meetings, and project management. The scope also includes coordination with stakeholder agencies including but not limited to Santa Clara Valley Water District, California Water, Caltrans, Pacific Gas & Electric (PG&E), City of Los Altos, and City of Mountain View.

The basis of the design is the September 2015 Joint Cities Coordinated Stevens Creek Trail Feasibility Study and the Sunnyvale City Council approved alignment (RTC 16-0034, February 9, 2016), which can be found in the link: https://sunnyvale.ca.gov/business/projects/stevens.htm.

The consultant shall also provide support during bidding and construction. After construction, the consultant shall prepare “as-built” record drawings, based upon plans marked up by the contractor, and the consultant’s field visits. The consultant must also provide a final report adhering to VTA 2016 Measure B requirements including information regarding final project costs along with any other information VTA may require. The reports, recommendations, and design shall comply with current applicable rules, regulations, code, law and good practice for public faci lities. The consultant shall incorporate “green” building/construction practices, green stormwater infrastructure if possible, sustainability, energy efficiency, and low operational and maintenance costs into the recommendations and design. The intent of t he design documents is for construction to be complete, in place, and suitable for its intended use. The end result shall be a complete trail project between the connection to the Mountain View segment at Remington Drive and the creek crossing at Fremont Avenue.

The project is funded through the Santa Clara Valley Transportation Authority (VTA) 2016 Measure B program, Bicycle and Pedestrian category. Proposers must be familiar with the Measure B program and the selected consultant must follow the typical processes, procedures, forms, reports, record keeping methods and periods, and timelines required to adhere to the requirements of the VTA 2016 Measure B program. All collateral material will be required to display a 2016 Measure B logo.

II. Project Information
This project includes the preparation and analysis of conceptual designs, obtaining environmental clearance, and preparation of final design documents to install the segment of the Stevens Creek Trail from Remington Drive to Fremont Avenue in the City of Sunnyvale.

The project is located along Stevens Creek between a proposed connection point at Remington Drive at the north and the crossing at Fremont Avenue in the south. A project location map is in Appendix 2. Surrounding land uses are predominately residential, with Mountain View High School near the northern end and medical offices and a medical rehabilitation skilled nursing home near the southern end. The entire length of the project runs parallel to State Route 85.

The project includes a paved trail along the proposed alignment with the potential for three new pedestrian bridges if this configuration is confirmed to be the preferred alternative during the alternatives analysis phase.

The project design may include trailheads, connections to local streets, safety fencing, signing, coordination Attachment 1

with regional trail signage including Friends of Stevens Creek Trail, and striping. The project will connect to the segment being led by the City of Mountain View from the existing Dale Avenue / Heat herstone Way pedestrian overpass to the connection point at Remington Drive. This project segment is within or immediately adjacent to lands of the City of Mountain View, the City of Sunnyvale, Pacific Gas & Electric (PG&E), California Water, Caltrans, and Santa Clara Valley Water District.

In July 2020, VTA awarded the City with $3.5M of Measure B funds for the project’s environmental and design work as one phase. With City’s local match, this phase’s budget is $3,889,000 which includes all contingencies and other related costs. The preliminary estimated construction budget is $22M.

III. Consultant Scope of Services
The following elements should be included in the proposal:

A. Project Management
Mark Thomas will be the primary responsible party for managing the project’s schedule and consultant contract budget. In addition, the consultant is expected to attend submittal review meetings, public outreach meetings as listed in Section B, regular progress conference calls; and prepare action item logs for subsequent follow-up. The consultant is expected to maintain frequent and timely communication with City staff throughout the duration of the project.

Mark Thomas will develop and maintain a project schedule broken down by critical tasks and milestones including public outreach activities and community/ stakeholder meetings.

The Mark Thomas team will have provisions for quality assurance/quality control over work p roduct prepared for the City.

The City utilizes e -Builder project management software, and the Mark Thomas team will work within the e-Builder system for this project. One e -Builder software license will be provided to Mark Thomas for the duration of the project. e -Builder software shall be utilized for all project management documentation and correspondence. City will provide one training session prior to start of design and again prior to start of construction to familiarize consultants with the software.

Mark Thomas will prepare monthly progress reports to be delivered with the monthly invoice. The progress reports must include a list of work items completed during the reporting/billing period, progress during the reporting/billing period on items not yet completed, and activities anticipated for the following reporting/billing period. An accounting of hours charged, and expenses incurred, must also be included.

This project is assumed to be 36 months long.

Deliverables:
• Bi-weekly Meeting Attendance (up to 72)
• Monthly Progress Reports and Invoices (up to 36)
• CPM Schedule Updates (up to 36)
• All files to be delivered in .pdf format unless specified otherwise

B. Community and Stakeholder Outreach
Katz & Associates (K&A) will provide support to the City and present portions of the presentations for community and stakeholder outreach and coordination. Outreach may occur during existing conditions review, conceptual design development and selection, and the environmental clearance tasks. This task will include at least two (2) Bic ycle and Pedestrian Advisory Commission (BPAC) meetings, three (3) City Council meetings (at least one for environmental clearance), two (2) community meetings and/or workshops (to be led by the consultant team), three (3) neighborhood and/or advocacy stak eholder meetings, three (3) property owner/agency stakeholder meetings, and an online survey. If additional meetings are necessary, they can be provided as optional tasks.

Attachment 1

Support provided by the Mark Thomas team may include but is not limited to prepara tion of exhibits, preparation of presentations, participation in the presentations, participation in the questions and answers portion of meetings/presentations, option comparison matrices, agendas, meeting minutes, and action item tracking. This task also includes documenting and tracking agency concerns and requirements so they are reflected in the design and environmental studies.

K&A will conduct outreach to an array of stakeholders identified for this project and will reach them in the ways that they are used to or are most effective for communications with these stakeholder groups.

K&A will support activities described in the scope of work such as:

• Stakeholder and community group presentations
• Elected official and staff briefings
• City council presentations at iterative phases of the review process • Bike and Pedestrian Advisory Commission (BPAC) meetings • Third party outreach for dissemination of information to constituents

For each of these activities, K&A will provide the elements needed to mak e these efforts successful, including prioritization of stakeholder and community groups, research of standing meetings and coordination for getting on meeting agendas, message and Q&A development in preparation for presentations, translation of materials as needed, and coordination with community -based, civic organizations, and other audiences for distribution of information to their networks.

Collateral Materials
In preparation for broad communication and engagement activities, numerous methods and tools are anticipated to be used to connect with stakeholders. These could include fact sheets, FAQs, display boards, event materials, and briefing booklets, to name a few. All potential collateral material tools will be evaluated as part of the Communication Plan which will be prepared by K&A. The Communication Plan will be brief and detail stakeholders, communication approach and key meetings among other items. The collateral materials will provide information about the project, the CEQA and NEPA process, the EIR/EIS and key findings, how the public can be involved in the process, including upcoming meetings and opportunities for public comments. The K&A team has extensive experience reviewing CEQA and NEPA documents to translate the technical information in to an easy -to-understand way, including the development of graphics that help convey the information and increase understanding for the public. Materials may be translated by K&A into other languages as needed for broader accessibility and to comply with the Language Assistance Plan and Title VI requirements.

Public Meetings
Depending on the needs of the community, a facilitated open house format is generally preferred as it provides the opportunity for members of the public to have one-on-one conversations with subject matter experts, promoting familiarity and greater civility. The open house format also promotes more constructive and informed comments and allows members of the public who are uncomfortable with public speaking, or may have a minority opin ion, the opportunity to engage with the project team and provide input. Depending on the needs of the community, a presentation at the beginning of the public meeting, followed by a facilitated Q&A period may be desired by members of the public and helps ensure that everyone is receiving and acknowledging the same information. In an open house format, information stations are set up around the room and may include posters, maps, reference materials, videos, or other collateral materials, depending on the su bject topic. Project team representatives are available at each station to provide information and answer questions. A comment station is provided for the public to have a dedicated space to write comments or provide an oral comment. A stenographer may be available to transcribe oral comments for the formal CEQA public comment periods. To the extent feasible, public meetings will be held in public venues, such as community centers or schools, and at a time and location most convenient to the public. K&A will prepare a logistics plan for each public meeting to outline the purpose of the meeting, meeting format, materials needed, team participation, Attachment 1

and other logistics. In order to comply with state and local COVID protocols meetings may be conducted either online or in a hybrid format.

Additionally, K&A shall coordinate with multi -agency stakeholders and potential permitting agencies.

K&A will also prepare meeting agendas and minutes and track action items from these meetings.

Meetings required to obtain permits and design reviews and approvals are included in the Final Design task. Additional meetings can be provided as optional tasks.

Deliverables:
• Communication Plan
• Preparation for and attendance at BPAC Meetings (up to 2) • Preparation for and attendance at City Council Meetings (up to 3) • Preparation for and attendance at Community Meetings (up to 2) • Preparation for and attendance at Neighborhood Meetings (up to 3) • Preparation for and attendance at Property Owner/Agency Meetings (up to 3) • All files to be delivered in .pdf format unless specified otherwise

C. Document Review and Existing Conditions Analysis
Existing conditions analysis should include review of the September 2015 Joint Cities Coordinated Stevens Creek Trail Feasibility Study and the Sunnyvale City Council approved alignment (RTC 16 - 0034, February 9, 2016). Acquisition of any necessary permits to enter or encroach ment permits to perform field reconnaissance is included in this task and they are assumed to be no cost permits. This task should also include a high-level and brief analysis memo of multimodal transportation conditions, context, and utilities within the study area, as well as review of all relevant policies, standards, and requirements associated with the project.

Utility request letters and an existing utility map will also be prepared as a part of this task.

For the Channel and Bank Geomorphic Conditi ons Assessment, ESA will perform a field review of geomorphic conditions, using staff with geomorphic experience in Stevens Creek. The team will map areas of potential bank instability and delineate approximate setbacks that would be required either to avoid, stabilize or restore those areas. The geomorphologists will coordinate with the team’s biologists to identify areas of the channel and riparian corridor that could be restored if required, for example as mitigation for impacts to the creek from bridge construction. If needed, this can include evaluation of potential barriers to steelhead migration and approaches to overcome them.

Deliverables:
• Multimodal Transportation Conditions Memo
• Utility Request Letters
• Existing Utility Map
• Channel and Bank Geomorphic Conditions Assessment Memo • All files to be delivered in .pdf format unless specified otherwise

D. Topographic Survey
Conceptual design and design phase shall include a field or topographic survey and base mapping.

Mark Thomas shall provide topographic surveys to accomplish the Project intent including: survey of ground visible existing facilities, boundary survey of all affected properties, centerline control and stationing, mapping, topography from creek centerline to existing right -of-way line and beyond for construction match up and temporary construction easements, cross -sections of Stevens Creek and open space in future trail areas in intervals of not more than 50’, survey of existing SCVWD service road and continuation under the State Route 85 bridge.

Attachment 1

The limits of the survey will not extend beyond fences into the backyar ds of private properties and will be centered on the proposed alignment. It is assumed that access to the freeway will be limited to the on and off ramps only and that no topography or access will be needed to travel lanes of SR 85. Detail will be taken at all proposed creek crossings to support the design of the proposed bridge structure(s).

As part of the topographic survey, creek cross sections will be taken at six (6) locations: 2 at the highway overcrossing, 2 at the proposed bridge crossing and 2 at t he north end of the design for hydraulic studies. It is expected that these cross sections will be onerous to collect due to the thick vegetation and steep terrain and thus are limited to six cross sections and five (5) days of field work. If additional creek cross sections are required, the additional work will be negotiated in a separate fee. Additional survey activities may be required to support right -of-way acquisition which can be provided as a supplemental service.

Deliverables:
• Right of Way Base Mapping
• Topographic Survey
• All files to be delivered in .pdf format unless specified otherwise

E. Conceptual Design and Analysis
Fehr & Peers (F&P) will lead t he development of conceptual design options based on the document review and existing conditions analysis. This task should include an iterative process of two (2) rounds to refine the conceptual options from the feasibility study. Special attention should be paid to the connections to and alignments at the end points of Remington Drive and Fremont Avenue.

The first round would generate a list of multiple possible alignments and connections and would include a discussion of pros and cons on a qualitative level. These options should build upon the work completed in the feasibility study and previous City Council feedback (see Appendix 3, Map 9-Study Segment 1).

Any issues not considered or resolved as part of the feasibility study should be included in this task. The deliverable for the first round is a series of exhibits illustrating the proposed align ment options and a qualitative pros and cons list or matrix. These exhibits and matrices should be in a format suitable for presentations to public meetings.

Consultant shall allow three weeks for City’s response before going to Round 2. The deliverable are PDF files. The optional service is to submit five (5) full size paper sets if hard copies are required.

The second round would screen the options down to three (3) alignment options for the trail alignment and roadway network connections with concept level exhibits and a quantitative discussion of pros and cons. Proposed metrics and comparison matrices will be prepared in collaboration with City staff. The conceptual design exhibits should include enough detail for the community and City Council to evaluate the best alignment to be evaluated in the environmental documents. The deliverable for the second round is revised exhibits incorporating feedback from the first round. More comprehensive comparison matrices are also anticipated as deliverables at t his round. The exhibits and matrices should be in a format suitable for presentation to public meetings including City Council.

A technical memorandum outlining the options and the process of screening shall be prepared for the City’s consideration for the second round. A preliminary cost estimate shall be included with each of the final three (3) options, along with other support information such as a comparison matrix outlining pros and cons for each option, expected permitting requir ements, potential right -of-way needs, estimated construction costs, and construction impacts. This information should be developed within the memo in exhibit form suitable for community and stakeholder outreach presentations

During the second round, the consultant shall recommend what is the CEQA approach: Initial Study (IS) and Negative Declaration (Neg Dec), or Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR).

Attachment 1

Consultant shall allow three weeks for City’s response to the second round. The deliverable are PDF files. Five (5) full size paper sets may be requested as an optional service.

Deliverables:
• Draft and Final Alternatives Analysis Memorandum
• All files to be delivered in .pdf format unless specified otherwise

F. Environmental Clearance
Environmental review documentation will include preparation of an Initial Study (IS) and Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) (optional task) as appropriate to achieve CEQA clearance for the project. Enviro nmental clearance also includes incorporation of City comments to administrative drafts, necessary public notifications, preparation of and presentation at public hearings, and documentation revisions based on public comments.

This task includes an Administrative Draft Environmental Document, a Draft Environmental Document, distribution for and addressing of public review comments, and a Final Environmental Document.

Circulation of Draft and Final Environmental Documents as required is also included in thi s task.

Acceptance of and certification by the City Council is required as part of this task. ESA will assist City staff with the presentation to obtain environmental clearance.

It is expected that an Initial Study (IS) to support a Mitigated Negative Declaration (MND) would be the appropriate level of documentation for the project under CEQA; however, if during development of conceptual design and/or during preparation of the Initial Study it is identified that potentially significant impacts that cannot be mitigated to below the level of significance may occur, or if evaluation of more than one build alternative for the project would be necessary or desirable, then an Environmental Impact Report (EIR) would be required instead.

ESA will prepare an Initial Study/Mitigated Negative Declaration (IS/MND) in a format desired by the City. The IS/MND will include an Environmental Project Description based on information provided by the City and the project team. An Environmental Checklist (Appendix G of the CEQA Guidelines) will be completed to assess the level of significance of potential impacts. Each topic area will present the standards of significance; describe the affected environ ment; describe data sources and technical analyses used for the CEQA analysis; discuss project -specific impacts; and identify mitigation measures, if necessary.

The analysis completed in the IS/MND will be supported by various technical investigations and studies that will be completed to examine in detail any potential impacts and recommended avoidance, minimization and mitigation measures. Key technical investigations will include:

Air Quality
The project site is within the jurisdictio n of the Bay Area Air Quality Management District (BAAQMD).

The BAAQMD has prepared CEQA Guidelines for assessing the air quality impacts of projects. For the Air Quality section of the IS/MND, ESA will assess the consistency of the project with the Bay Area 2017 Clean Air Plan with reference to construction emissions, and discuss the potential for the project to adversely affect air quality or impede attainment of air quality goals. ESA will estimate off -road construction equipment emissions and on -road c onstruction vehicle emissions using the California Emission Estimator Model (CalEEMod version 2020.4.0), OFFROAD2017 and EMFAC2021 models, as appropriate, for comparison to the BAAQMD significance thresholds. Because there are no new emissions sources created by the project, operational impacts are expected to be primarily maintenance related and will be assessed qualitatively.

Construction activities associated with the trail extension would take place in close proximity to residences adjacent to Stevens Creek. The Office of Environmental Hazard Health Assessment (OEHHA) requires that a health risk assessment (HRA) be conducted if construction activities in the Attachment 1

vicinity of sensitive receptors would take place for more than two continuous months. ESA will conduct the construction HRA in accordance with guidance from the BAAQMD, OEHHA and CARB. The HRA will use U.S. EPA’s AERSCREEN dispersion model and health risk parameters specified by OEHHA.

AERSCREEN will use worst -case meteorological and terrain conditi ons to provide conservative pollutant concentrations for the HRA. If the screening analysis shows that health risks at the nearest receptor would exceed the BAAQMD’s thresholds, a detailed HRA will be conducted using U.S. EPA’s AERMOD dispersion model, site-specific meteorological, and terrain data. The detailed HRA will be an add-on task and is not included in this scope. If a detailed HRA becomes necessary, ESA will submit a separate scope and budget to cover that task. ESA will identify practical, feasible mitigation measures for any air quality impacts identified from the project identified as significant and evaluate whether mitigation measures would reduce the impacts below a level of significance.

Biological Resources Report
ESA will prepare a biolo gical resources technical report of the project area to document existing biological conditions and support the CEQA biological resources section and regulatory permit applications. Stevens Creek is a known steelhead migratory corridor and exhibits a direct connection to the San Francisco Bay. Protected biological resources could be affected during project implementation.

Based on recent queries of the U.S. Fish and Wildlife Service’s (USFWS) Information for Planning and Consultation (IPaC), National Oceani c and Atmospheric Administration National Marine Fisheries Service’s (NMFS) quadrangle species query, California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB), and California Native Plant Society’s (CNPS) Inventory of Rare and Endangered Plants of California and our understanding from background information for the project area. ESA has identified multiple biological resources present or potentially present that could be affected by the project. Such resources include:

• Federally and State regulated wetlands and waters
• Federally listed species (California red-legged frog, Coho salmon (central California Coast evolutionary significant unit [ESU]), central California coast steelhead DPS) • State regulated riparian habitat
• Central California coast steelhead DPS Critical Habitat • State fully protected species (white-tailed kite)
• California species of special concern (obscure bumble bee, western pond turtle, northern harrier, pallid bat, Townsend's big-eared bat, San Francisco woodrat, and Pacific lamprey); and other protected resources and concerns (other CEQA-relevant species [western leatherwood, woodland woolythreads, hoary bat, and Yuma myotis], migratory bird nests, locally protected trees, and invasive plant management)

To support environmental review and approval of the project, ESA biologists will conduct a reconnaissance-level survey of the project area to thoroughly assess, and document protected biological resources present or those with potential to occur. ESA wil l draft the biological resources report to fully document protected biological resources (including CEQA-relevant resources) present or potentially present that could be affected by the project. Given the close proximity to SR 85 and the uncertainty of possible Caltrans involvement in the project approval process, ESA biologists will prepare the biological resources report consistent with Caltrans’ guidance and requirements for a Natural Environmental Study (NES) should an NES become necessary. Recommended avoidance and minimization measures will be provided to reduce the likelihood of potential impacts where possible.

Where potential impacts would be unavoidable, recommended mitigation reflecting realistic regulatory expectations will be provided.

Cultural Resources Report
ESA will prepare a technical report that identifies cultural resources and meets the requirements of CEQA and Section 106 of the National Historic Preservation Act. Compliance with Section 106 will be required to support future acquisitio n of federal permits (Nationwide 404 permit from the U.S. Army Attachment 1

Corps of Engineers) during Final Design.) The report will include the results of background research at the Northwest Information Center of the California Historical Resources Information Syste m and a surface survey. Recommendations for additional work will be provided, and could include site evaluation, monitoring during project implementation, and/or actions to follow in the event of an inadvertent discovery of archaeological materials or huma n remains. The report will provide the basis for the cultural resources section of the CEQA document. This scope assumes that no historic -era architectural resources are in the project area that would need to be recorded and evaluated. This scope also does not include a subsurface study to test for the presence of buried archaeological resources; if deemed necessary these tasks would be scoped separately.

ESA will contact the Native American Heritage Commission to request information on known sacred sites in the project vicinity and draft letters for the City to send to Native American tribes who have requested consultation in compliance with Public Resources Code Section 21080.3(b). The results of any Native American consultation will provide the bas is for the tribal cultural resources section of the CEQA document.

Greenhouse Gas Emissions
Greenhouse gas (GHG) emissions will be estimated using the CalEEMod, OFFROAD2017, and EMFAC2021 models, as described for the air quality evaluation. The GHG secti on of the IS/MND will rely on the significance criteria in the Appendix G CEQA checklist in assessing the project’s potential impacts. The BAAQMD’s most recent (2017) CEQA Guidelines provides three different significance thresholds that could be used in pr oject-level analysis of GHG emissions. The first two thresholds are quantitative but are no longer applicable as they are based on the state’s GHG reduction goals for 2020 mandated under Assembly Bill 32. The BAAQMD has not yet updated these thresholds to address the state’s GHG reduction goals for 2030 as mandated by Senate Bill 32 (SB 32). Therefore, the analysis for the project will rely on the third significance threshold which allows for an evaluation of the project’s consistency with the City of Sunn yvale’s 2014 Climate Action Plan (2014 CAP) for the assessment of project impacts. The City’s 2014 CAP sets a goal to reduce GHG emissions by 80 percent by 2050, which is more aggressive than the SB 32 GHG reduction target to achieve 40 percent reduction in GHG emissions by 2030 relative to 1990 levels. A project-specific threshold will be developed based on the 2017 CAP.

ESA will identify mitigation measures, as needed, to reduce GHG emissions resulting from implementation of the project and to reconcile any inconsistencies between the proposed project and applicable plans.

Hazards and Hazardous Materials
ESA will prepare a hazardous materials and waste technical study for the project by completing the following tasks.

Regulatory Records Review and Fil e Search: A search of federal, state, and local regulatory agency electronic databases will be performed to identify Recognized Environmental Conditions (RECs) as defined by ASTM 1527. This database search identifies locations that are regulated under vari ous environmental laws, notably CERCLA, RCRA, and Toxic Substances Control Act (TSCA). The records search will also identify locations where a release of hazardous substances has occurred or is suspected. The search area will include the project footprint and properties adjacent to the project footprint to assess whether past activities may affect the construction of the project.

Visual Inspection: The project study area will be visually inspected to observe and document conditions within and near the proj ect limits. Photograph documentation of potential hazardous materials issues will be completed. The purpose is to identify RECs that may affect the construction of the proposed project.

Attachment 1

Historical Information Review: A review of historical information sou rces will be conducted to evaluate whether prior land uses may pose an environmental concern within or near any properties within the project area. These historical information sources will include, as available: historical aerial photographs, historical topographic maps, fire insurance maps, city directories, and environmental lien data.

Occupant and Owner Interviews: We understand that the proposed project would occur within the existing public right -of-way and may require encroaching on or acquiring pr ivate or commercial properties.If the project will require encroachment onto private or commercial property, owner interviews (if possible) would be completed by ESA in conjunction with the City for those properties.

Evaluate Data and Report Preparation: ESA will evaluate available information collected concerning the project site and its surroundings to identify RECs. According to the ASTM E1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (Phase I ESA), RECs are defined as the presence or likely presence of hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property.

Significant findings from the above -stated tasks will be summarized in a stand -alone ISA technical report, and recommendations will be made for additional site assessment activities, if needed. The results and recommendations of the technical report will be referenced in the CEQA document.

Noise
Noise impacts associated with the project would be short -term in nature. Construction activities would temporarily affect ambient noise levels in the vicinity of construction areas. The project has noise - sensitive uses in the vicinity of the proposed trail extension, specifically neighborhoods to the east and west of Stevens Creek.

For the noise analysis, ESA will identify existing standards contained in the Sunnyvale General Plan Noise Element and municipal code that limit construction noise. Construction impacts to receptors will be assessed using the Roadway Noise Construction Model assuming simultaneous operation of the two noisiest pieces of construction equipment, consistent with guidance from the Federal Transit Administration (FTA). Operational noise levels are anticipated to be minimal and would be addressed qualitatively. ESA will also assess vibration levels from project construction equipment based on proximity to structures (both historic, if any, and non -historic) and vibration exposure standards for building damage and human annoyance developed by the FTA in the absence of any existing standards in the City’s General Plan.

ESA will identify practical, feasible mitigation measures including the use of performance standards to address any identified significant impacts and evaluate whether selected mitigation measures would reduce the impacts below a level of significance.

Other topic areas that will be examined in the CEQA document will include: Aesthetics, Agriculture and Forestry Resources, Energy, Geology and Soils, Hydrology and Water Quality, Land Use and Planning, Mineral R esources, Population and Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources, Utilities and Service Systems, Wildfire, and Mandatory Findings of Significance.

ESA will prepare an Administrative Draft IS/MND for review by the pr oject team and City. Following internal review of the Administrative Draft IS/MND, ESA will review the project team and City’s comments and make changes as necessary, resulting in a Public Draft IS/MND that is ready for distribution. ESA will prepare the N otice of Intent (NOI) to Adopt an MND and Notice of Completion (NOC) for review by the City. ESA will then submit the NOI and attached IS (including the Environmental Checklist) along with the NOC to the State Clearinghouse (electronic submittal).

Attachment 1

At the close of the anticipated 30-day public review period, ESA will prepare a Final IS/MND by preparing responses to comments, an errata outlining any recommended changes to the text of the Public Draft IS/MND, the Mitigation Monitoring or Reporting Plan (MMRP), and Notice of Determination (NOD). ESA will support City staff with acceptance and certification of the document by City Council by assisting City staff with presentation materials for City Council review and attending the adoption hearing. It is assumed the City will prepare the project Findings. Within five days of the adoption of the MND, ESA will file the NOD with the State Clearinghouse.

It is assumed the City will post environmental documents and associated notices to their website for public revi ew and develop a circulation list to send the NOI to and transmit the NOI; NOIs will be circulated electronically. The City will send the NOC and NOI to the County Clerk’s office for posting and pay for any submittal or posting fees. City staff will prep are the project findings for City Council approval and the Final IS/MND will be approved and adopted by the City Council during one hearing.

Deliverables:
• Administrative Draft IS/MND
• Draft and Final IS/MND
• All files to be delivered in .pdf format unless specified otherwise

G. Right-of-Way Services
AR/WS shall provide all right-of-way services as needed for temporary and permanent usage of the trail, including coordination with title companies, County recorder’s office, and other stakeholders. At City’s request, AR/WS shall lead or significantly participa te in all right -of-way negotiations with affected property owners. It is anticipated that the project will encroach into five (5) agency jurisdictions, requiring at least five (5) easements, both temporary and permanent. Submittals to support right -of-way acquisition activities shall be made at the appropriate stages throughout the design stage, in accordance with City standards.

AR/WS will provide appraisals as directed by the City and will be prepared in accordance with California Eminent Domain Law; California Government Code Section 7260 et seq.; and the Uniform Standards of Professional Appraisal Practice requirements, except as jurisdictionally exempt. The owner or a designated representative will be invited by the appraiser to accompany him/her dur ing the inspection of the property. Appraisals will be prepared in an Appraisal Report format in accordance with Uniform Standards of Professional Appraisal Practice, Standard Rule 2-2 and are for the “Fair Market Value” of the properties as per California Code of Civil Procedure, Section 1263.320.

AR/WS will prepare acquisition documents and will include, but are not limited to the offer letter, appraisal summary statement and summary of the basis for just compensation, summary statement pertaining to the acquisition of real property or an interest therein, purchase agreement, deed, and public acquisition brochure. AR/WS will initiate and maintain individual acquisition files and all acquisition documents to receive City’s written approval as to form prior to use in the field. AR/WS will negotiate to acquire permanent and temporary easement acquisitions identified by the Client or City. We are assuming there will be negotiations with up to 5 property owners and no lessees. All discussions for the acqu isition of property or an interest therein will be directed to result in the payment of just compensation. If settlement with owners is reached pursuant to the City approved appraisal or City approved administrative settlement, AR/WS will prepare a Memorandum of Settlement for transmittal to City, reviewing the issues. This memorandum will require City’s written approval before implementation of any settlement agreement.

AR/WS will make every reasonable effort to acquire property on behalf of the City expeditiously through agreement with its owner and to avoid litigation. This may necessitate greater levels of effort in the negotiations phase and, where appropriate, should continue after eminent domain has been initiated.

Attachment 1

City will provide ongoing feedback to AR/WS as to authorization for settlements. AR/WS will establish a process of coordinating escrow closings and reviewing escrow instructions. Where there are escrow closings, preparation of escrow instructions will be completed by title company. Appro val of conditions of title and escrow instructions, including but not limited to, “subject to” title exceptions, will be done by City. If agreement with all owners cannot be reached, AR/WS will advise City that negotiations have reached an impasse. The Ci ty will consider scheduling of an action in eminent domain including the required public necessity hearing. AR/WS will provide condemnation support as needed and requested, budget allowing.

This scope assumes non -complex acquisitions from up to 5 properti es, no impacts to parking, no acquisition of buildings or other structures, no loss of access or other damages and no federal funding, therefore no independent appraisal reviews needed. Appraisals will be billed lump sum. All other AR/WS services will be billed on an hourly basis.

Mark Thomas will obtain up to 5 title reports (assumed to be up to $2,500 per report) and prepare up to 10 appraisal maps for affected properties. A field survey will be performed to locate monumentation to establish the Right-of-way and property lines and the boundary survey work will be based upon Parcel maps (PM), Records of Survey (RS) & Tract maps (TM) found in public record. It is our understanding that no other monument ties to other maps will be necessary to complete th is project other than those available in accessible public records. We will prepare plats, legal descriptions, and closure calculations, stamped and sealed by a California Licensed Land Surveyor or the ability to do so as a Civil Engineer. Prior to construction, a copy of the complete Right-of-Way file, including memoranda of conversations via phone, shall be provided to the City, in accordance with City’s procedures.

It is assumed that monuments will not need to be set and that a Record of Survey will n ot be required, no fee properties, including Caltrans properties, will be acquired along the project corridor and that Caltrans Appraisal Mapping and Record Mapping are excluded from this scope.

During the course of a boundary survey, it is possible that the requirement to file a record of survey will be triggered. This most often happens by the discovery of conflicts or alternate evidence not shown on recent maps. Should such a conflict or other evidence be discovered, work will stop , and the project team will be notified. Work will continue when agreement has been reached on path forward and additional budget for a Record of Survey has been secured.

Anticipated Right-of-Way Submittals:
• Obtain up to 5 title reports and appraisals for affected properties • Appraisal Maps (up to 10) determining temporary or permanent right-of-way requirements (size and exact area) for construction of trail and bridges
•
• Economic studies, comparative sales research, cost estimates, etc., if needed and completed as a supplemental service
• Plats, legal descriptions, and closure calculations (up to 10), stamped and sealed by a California Licensed Land Surveyor or the ability to do so as a Civil Engineer • Grant deed, temporary construction easement, or permanent easement forms prepared to meet the specifications of the County Recorder
•
• Prior to construction, a copy of the consultant’s complete Right-of-Way file, including memoranda of conversations via phone, shall be provided to the City, in accordance with City’s procedures.

Deliverables:
• Draft Notice of Decision to Appraise
• Appraisal Report
Attachment 1

• Draft Acquisition Documents for approval.
• Preliminary Title Reports (up to 5)
• Memorandum of Settlement and Signed Agreement (upon settlement) • Notice that negotiations have reached an impasse (if needed) • Appraisal Maps (up to 10)
• Plat and Legal Descriptions (up to 10, 5 temporary and 5 permanent) • Grant Deeds for temporary or permanent easements (per County Recorder Standards)
• Right of Way File
• All files to be delivered in .pdf format unless specified otherwise

H. Final Design Development
The Mark Thomas team shall serve as the Engineer of Record and responsible for design and preparation of complete plans and technical specifications for the project. The Mark Thomas team will perform an adequate field investigation to confirm existing conditions.

All work will be in compliance with current applicable rules, regulations, code, law, and good practice for public facilities including applicable trail, pedes trian, and bicycle facility design standards and best practices. When possible, we will incorporate “green” building/construction practices, sustainability, energy efficiency, and low operations and maintenance costs into recommendations and subsequent design. Coordination with City staff on potential opportunities for green infrastructure within the project area will be included in the project scope during preliminary design.

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 pro jects in California. This includes those performing surveying work, material testing, inspection, trucking, boring, potholing, concrete deliveries and temporary service companies who provide workers to prevailing wage contractors. For complete details, ple ase refer to Appendix 1: Labor Compliance.

Plans and specifications shall provide sufficient detail to result in an industry standard product while allowing competitive pricing where possible and appropriate and provide options to the contractor as directed by the City to obtain the same level of quality for the best bid price. Plans and specifications shall not specify proprietary products or services.

Preparation of front end and boilerplate specifications will be the responsibility of the City. Specifications shall be prepared in CSI 2020 format for most items, but 2018 Caltrans specifications will be used for the structural elements. As the preferred alternative has not been selected it is assumed that Caltrans documentation and project approvals (i. e., PSR-PR or equivalent document) will not be required. If Caltrans documentation is required, we can prepare that as a supplemental service.

H.1 Permits and Regulatory Agency Coordination
The Mark Thomas team will identify required stakeholder coordination needed for permits, access, and review and concurrence of design, outreach with land owners, easement owners, regulatory agencies, City of Sunnyvale Building Division, truck route permits issuance agencies, encroachment permits issuance agencies, and other regulatory stakeholders including but not limited to Santa Clara Valley Water District, State Water Resources Control Board/Regional Water Quality Control Board (RWQCB), U.S. Department of Fish and Game, California Department of Fish an d Wildlifeand the Army Corps of Engineers. The Bay Area Air Quality Management District (BAAQMD), California Water, Pacific Gas & Electric (PG&E), City of Mountain View, City of Los Altos, and Caltrans will be handled during PS&E.The Mark Thomas team will be responsible for obtaining all regulatory permits necessary for work in and adjacent to Stevens Creek for all design activities and coordinate all necessary reviews and address Attachment 1

comments from all stakeholders. Meetings to obtain permits and design concur rence and to meet regulatory requirements are included in this task with detailed scope elements described below.

Sokale Environmental Planning (Sokale) will identify required regulatory and resource agency stakeholders including the Santa Clara Valley Water District (Valley Water), San Francisco Bay Regional Water Quality Control Board (RWQCB), California Department of Fish and Wildlife (CDFW), U.S. Army Corps of Engineers (USACE), NOAA Fisheries and USFWS. The project will require environmental compliance under Section 404 of the Clean Water Act (Dredge and Fill Permit), Section 401 of the CWA (Water Quality Certification [WQC]), Section 1600 of the California Fish and Game Code (Lake and Streambed Alteration Agreement [LSAA]), and Tree Removal Permits f rom Sunnyvale and Mountain View.

Sokale will identify the anticipated permits and plan requirements necessary for construction. An individual permit application will be prepared for each agency. The permit applications will likely require supplemental information required for USACE and Regional Board to issue permits including a wetland delineation, biological assessment to support Section 7 consultation under the Endangered Species Act for steelhead, revegetation plan, hydraulic analysis and a mitigation, monitoring and reporting plan.

Sokale will coordinate and prepare materials for pre -application meetings and/or site visits with the regulatory and resource agencies. Sokale will prepare a draft of each permit application for staff review and comment and one final application for submittal to the agencies.

ESA will provide support for elements of the regulatory permit applications as described below:

Aquatic Resources Delineation: Stevens Creek is considered a Water of the U.S. and State, and work within or improvements to the stream channel are expected to require an Aquatic Resources Delineation Report (ARDR) to support necessary federal and state regulatory permit applications. ESA will conduct an aquatic resources delineation to quantify and characterize the existing jurisdictional waters within the project area, with a focus on areas expected to be disturbed by the project, as established in the 30% designs. The U.S. Army Corps of Engineers’ (USACE) jurisdiction will be determined in the field using the presence of an ordinary high -water mark and the methodology in the USACE 1987 wetland delineation manual and any applicable regional supplements (e.g., Arid West Supplement). San Francisco Bay Regional Water Quality Control Board (RWQCB) jurisdiction will be determined per recently adopted State Procedures for Discharges of Dredged/Fill Material to Waters of the State. Extent of CDFW-regulated areas will be determined by the presence of hydrophytic vegetation, the location of a definable bed and bank, and the presence of associated riparian, wildlife, or fish resources. The boundaries of these agency jurisdictions will be mapped on figures of an appropriate scale. A stand - alone report (ARDR) will be prepared describing jurisdictional waters and wetlands in the project area.

The report will include methods, results, and a graphic depicting the approximate size and location of any jurisdictional areas. The report will be consistent with the requirements of the USACE, RWQCB and CDFW. Copies of field data sheets will be included. The report will describe delineation methodology and jurisdictional areas of the site. The report will provide the necessary documentation for developing and processing the subsequent USACE Section 404 permit, RWQCB 401 Certification and/or Waste Discharge Requirements, and CDFW Section 1600 Streambed Alteration Agreement, as applicable.

Section 7 Biological Assessment: If the results of the biological survey c onducted during the CEQA phase (Task F) identify that federally listed species (e.g., California red -legged frog, central California coast steelhead DPS) or Critical Habitat (e.g., for central California coast steelhead DPS) may be affected by the project, ESA will prepare a joint USFWS/NMFS Biological Assessment (BA), as appropriate, to assess the effects of the project (based on approved 60% designs) and to support the USACE as the federal lead agency in completing Section 7 Consultation with the appropri ate federal resource agencies (USFWS and/or NMFS). Conservation measures utilized in the BA will incorporate avoidance and minimization measures from applicable, species -specific programmatic biological opinions (e.g., Programmatic Biological Opinion for P rojects Funded or Approved under the Federal Attachment 1

Highway Administration's Federal Aid Program for California Red-legged Frog, Programmatic Biological Opinion for Issuance of Permits under Section 404 of the Clean Water Act for Projects that May Affect the Thre atened California Red -Legged Frog in Nine San Francisco Bay Area Counties, and Programmatic Biological Opinion for Protected Salmonids and Restoration Projects in the NMFS Restoration Center’s Central Coastal California Office). If, based on the selected p roject design and wildlife agency responses, the project is eligible for coverage pursuant to one or more programmatic biological opinions, the joint USFWS/NMFS BA will be prepared to meet the agencies’ needs in confirming programmatic coverage; otherwise, the BA will address effects in support of individual Section 7 coverage.

Tree Survey: An ESA International Society of Arboriculture (ISA) -certified arborist will conduct an inventory of all trees within and immediately adjacent to (within 50 feet) the pr oject work areas based on 75% or greater designs. The arborist will collect data of protected trees (4 or more inches diameter at breast height (DBH) (4.5 feet above grade) per CDFW guidance and compliant with Chapter 19.94 of the City of Sunnyvale’s municipal code. Tree data collected will include tree species, trunk DBH, dripline radius, location (with a <1-meter capable GPS device), and other notes concerning tree structure and health. The arborist will prepare a brief tree inventory report, including a figure of tree locations, to inform the tree removal permit application and tree compensation expected to be necessary.

Deliverables:
• Draft and Final USACE – Nationwide Permits with Section 7 Consultation with NOAA Fisheries for steelhead
• Draft and Final CDFW – 1602 Lake and Streambed Alteration Agreement • Draft and Final RWQCB – Water Quality Certification and Waiver of Waste Discharge Requirements
• Aquatic Resources Delineation Report
• GIS shape files of jurisdictional limits for use by permitting lead in developing permit applications
• Biological Assessment Report
• Tree Survey Report
• GIS shape files of tree locations for use by permitting lead in developing 1602 Streambed Alteration Agreement notification
• All files to be delivered in .pdf format unless specified otherwise

H.2 Utility Research and Coordination
Mark Thomas will provide utility support services including: research and obtain file copies of utility maps within the Project limits for existing/proposed facilities, prepare preliminary plans with utility notices/questionnaires to be sent to utility companies, plotting of existing and proposed utilities in plan view (and profile view when appropriate/possible), monitor responses to utility notices received by City and make recommendations for mitigating conflicts, attend utility coordination meetings, coordinate pothole efforts information, prepare, coordinate, and acquire permits with all agencies having known underground and overhead facilities within Project limits.

We have assumed up to 10 Potholes at a cost of $2, 500 per pothole. It is assumed that no utility relocation is required as a part of this project.

Deliverables:
• Pothole Report
• Existing Utility Mapping (revised)
• All files to be delivered in .pdf format unless specified otherwise

Attachment 1

H.3 Bridge Design and Structural Calculations
Mark Thomas shall be responsible for the design of trail bridges over Stevens Creek and bridge and structural work requir ed to go under the State Route 85 Stevens Creek bridge depending upon the preferred alternative selected as a part of the Alternatives Analysis in Task E. This work may include:

• design of the new structures to accommodate SCVWD’s freeboard requirements • restoration as necessary of private property, including retaining walls, creek banks, abutments, etc.;
• design of temporary support facilities for any utilities spanning the creek through the old bridge structure; and
• realignment and improvements as necessary to SCVWD maintenance paths and access points.

The plans, Specifications, and Structural calculation of the bridge shall be provided for City’s Community review as part of 75% design submittal. In addition, an independent structure calculations check must be performed by a registered engineer in the State of California. The person performing the calculations check must have no other involvement in the Project other than producing a set of independent structural calculations to verify design and details shown on the plan set. This person must be identifi ed on the project organizational chart provided in the proposal. A copy of the independent structure calculations check must be signed and stamped by the structural engineer and submitted to the City.

For the purposes of this scope of work, it is assumed that the following structures will be required; Prefabricated steel truss bridge crossing Stevens Creek, soil nail walls along the NB SR 85 on -ramp, and "tub" retaining walls and multi -span cast -in-place slab bridges at the bridge approaches. The structural design will be performed in accordance with AASHTO LRFD Bridge Design Specifications, 8th Edition with California Amendments, AASHTO LRFD Guide Specifications for the Design of Pedestrian Bridges, and Caltrans Seismic Design Criteria, Version 2.0. The l atest versions of the Caltrans Bridge Design Manuals will be used. The designs will conform to Valley Water freeboard requirements. Mark Thomas will design the bridge foundations, anchorages, and substructures for the prefabricated steel truss bridge over Stevens Creek and coordinate with prefabricated steel truss supplier(s) for superstructure geometry and loads. Prefabricated steel trusses are pre-engineered, Mark Thomas will not be designing the truss.

Mark Thomas will perform an independent design chec k of the 75% structures plans in conformance with Caltrans bridge design procedures. The independent check will be completed by an engineer who was not directly involved in the original design of the structures. Calculations and software runs will be performed to check the bridge layout and structural integrity. A plan set will be marked up in two colors, yellow indicating approved items, and red indicating items to be discussed. Upon completion of the independent check, discrepancies between the designer a nd checker will be reconciled and plans updated. The structural design and check calculations for structures within Caltrans right-of-way will be submitted to Caltrans for review and comment at the 75% design submittal. Mark Thomas will provide responses to Caltrans comments.

Mark Thomas will provide the structural calculations to the City's Community review as part of the 75% design submittal. Mark Thomas will provide responses to City comments. The design and check calculations will be completed by or under the direction of a registered civil engineer in the State of California. The calculations will be stamped and signed by the registered engineer in charge.

Deliverables:
• Structural Calculations
• Independent Check
• All files to be delivered in .pdf format unless specified otherwise

Attachment 1

H.4 Hydrology/Hydraulic Design
ESA will design facilities to address surface runoff, infiltration and treatment requirements, and any other stormwater pollution prevention per the State Construction General Permit. ESA shall address erosion and sediment control during construction. ESA will also look at eliminating any impacts of the Project to the flows in Stevens Creek.

Based on ESA’s previous work updating the Valley Water hydraulic model of this reach (Reach 2c of Stevens Creek) it appears unlikely that the bridges and trail will alter flood conveyance in Stevens Creek or come close to encroaching on Valley Water freeboard constraints (4 feet of freeboard at bridges during the 100 -year flood). However, ESA will confirm thi s by adapting existing hydraulic models of Stevens Creek (provided by Valley Water) to model project conditions and ensure that the project does not impact flows, cause an increase in water surface elevation, or encroach on freeboard limits.

As part of the hydraulic design, ESA will use Valley Water’s existing HEC RAS hydraulic model to conduct bridge scour analyses using the procedure laid out in Federal Highway Administration Guidance HEC 18 and HEC 20. Channel bed samples will be collected during the channel and bank geomorphic conditions assessment, and the model will be used to assess reach scale, contraction and local scour, estimate scour depth, and to inform design of the bridge abutments and any required bank and bed stabilization measures.

As this is an off -street trail project it is assumed to be exempt from any Municipal Regional Permit requirements as there is a trail exemption under Section C.3. No subsurface drainage improvements will be required as a part of this project.

Deliverables:
• Existing and proposed conditions hydraulic model in electronic HEC RAS format • Hydraulic Conditions Memo
• All files to be delivered in .pdf format unless specified otherwise

H.5 Landscape
ESA shall prepare l andscape and irrigation design is required as part of the PS&E package. The landscaping design shall conform to the Water Efficient Landscape Ordinances for the City of Sunnyvale and City of Mountain View, as applicable. Landscape design consists of conforms or limited restoration on private property, and minor work along the trail at bridge abutment s. Mitigation landscaping is not included in this scope of work but can be provided as an supplemental service.

H.6 Geotechnical investigation
Geotechnical investigations shall be performed for bridge installation, bridge abutments, retaining wall reconstruction, trail excavation and embankments, and trail improvements for the Project as required and based upon the preferred alternative selected as a part of Task E. Geotechnical investigation reports shall be submitted at 30% or 75% design submittals; and may include pavement coring, subgrade soil exploration, laboratory testing, and engineering evaluation. A boring plan shall be prepared for the Cities of Sunnyvale and Mountain View (and SCVWD and California Water if necessary) to review for issuance of encroachment permits within the individual jurisdictions. Pavement structural sections shall be in accordance with Caltrans requirements. A structure foundation report for bridge and retaining wall construction shall be prepared in accordance with Caltrans Office of Structure Foundations report guidelines.

Cotton, Shires and Associates, Inc. (CSA) will complete the geotechnical investigation work for the project. CSA has budgeted for five days of drilling with the intent to drill a boring at each abutment of each of the three proposed pedestrian bridges, and if time permits, at several likely retaining wall locations. The final number of borings completed will depend on various factors including the subsurface materials encountered, depth of borings, access between borings, and weather. We have also budgeted Attachment 1

for two days of traffic control for borings in the vicinity of Fremont Avenue. Finally, we propose to submit one geotechnical investigation report for the borings/structures situated outside of Caltrans right‐of‐way, and three reports (PFR, SPGR, and FR) for the portion of the investigation located within the Caltrans right‐of way. CSA proposes the following scope of work: 1) review published maps and available data, and discuss with Mark Thomas location of proposed structures and locate the proposed borings in the field; 2) contract with a private utility locating firm to clear the proposed boring locations of underground utilities; 3) contract with a traffic control company to prepare a traffic control plan for the borings in the Fremont Avenue area, and provide traffic control during subsurface exploration; 4) prepare a boring plan and apply for encroachment a nd excavation permits (where required) from the Cities of Sunnyvale, Mountain View, Los Altos, and Valley Water for subsurface exploration (and Caltrans, as required); 5) map the surficial geologic materials and prepare and engineering geologic map; 6) contract with a driller with all‐terrain access to drill, sample, and backfill exploratory borings for five days (and dispose of spoils); 7) perform pertinent laboratory tests; 8) perform geotechnical engineering analyses to develop design criteria parameters for the bridge foundations, retaining walls, and pavement design; 9) prepare up to four reports (three for the Caltrans jurisdiction borings and one for the other borings) in which we will describe the results of our investigation and analyses, and provide conclusions and recommendations, including geotechnical/geologic hazards, groundwater conditions, subsurface materials encountered, and foundation recommendations, etc.; and 10) provide plan review comments and consultation.

Deliverables:
• Draft and Final Preliminary Foundation Report
• Draft and Final Structure Preliminary Geotechnical Report • Draft and Final Foundation Report
• Geotechnical Investigation Report (combined for non-Caltrans areas) • All files to be delivered in .pdf format unless specified otherwise

H.7 Traffic control
Mark Thomas will prepare t raffic control and detour plans related to the trail construction and will be required in 75% and 100% design submittal s for activities affecting pedestrian, vehicular, or bike activities on existing City streets, and shall be prepared in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and Sunnyvale and Mountain View local jurisdiction requirements. These plans will be a part of the PS&E package and separate submittals will not be required.

H.8 Electrical
A photometric study will be provided by F&P for lighting at the trail connections and approaches. Trail lighting shall be per ANSI/IES RP-8-00, latest edition. A pole layout plan should be considered at 30% submittal. The conduit and wiring layout plan should be submitted at 75% submittal.

Deliverables:
• Draft and Final Photometric Analysis
• All files to be delivered in .pdf format unless specified otherwise

H.9 Structures Type Selection
Mark Thomas will prepare a Type Selection Report for the structures as listed in the Bridge Design and Structures Calculations scope per Caltrans OSFP Information Procedures Guide, Section 4 -2 and Caltrans Memo to Designers. The Type Selection Report will document the bridge and reta ining wall types and configurations considered, constructability, hydraulic considerations, proposed aesthetics, foundation recommendations, and the preferred structure types. A structures General Plan and draft Foundation Plan will be prepared for each st ructure. General plan estimates will be prepared for each structure alternative. For the purposes of this scope of work, three alternatives will be examined for each bridge. Effort will include attendance at a Type Selection Meeting and updating the Type S election Report based on comments received from the meeting.

Attachment 1

Deliverables:
• Draft and Final Type Selection Report
• All files to be delivered in .pdf format unless specified otherwise

H.10 Plans, Specifications and Estimate
For the purposes of this scope of work the following structures are assumed; Prefabricated steel truss bridge crossing Stevens Creek, soil nail walls along the NB SR 85 on -ramp, and "tub" retaining walls and multi -span cast -in-place slab bridges at the bridge approaches. General cross sections are excluded.

Submittals
All submittals shall include digital copies (PDF and native format) of all documents. File sizes need to be less than 100 MB, and as compressed as possible without any degradation to image quality or loss of resolution to text.

H.10.1 30% Design:

The Mark Thomas team will prepare 30% design documents after selection of the preferred alternative.

We will prepare a limited set of plans to confirm geometric alignments and outline specifications. The estimate will be based on recent, relevant unit co sts and input from the City. A brief memorandum outlining the CEQA document and studies requirements as well as the Resource Agency permits and timing will be prepared. Additionally, a draft construction schedule will be prepared for review. The plans will include a cover sheet, general notes, typical cross sections, layout, existing utilities, signing and striping, electrical and bridge general plans.

1. 30% Submittal:
a. 30% plans: Cover sheet and plan sheet with base mapping and preliminary details. b. Cut sheets for equipment/appurtenances as appropriate and known at the time. c. Documentation of outreach with franchise utility companies for facilities needed to be adjusted to grade as a result of the proposed construction activities. d. Project schedule update.
e. 30% construction cost estimate.
f. Brief memorandum of determination of project’s CEQA needs. g. Brief memorandum of determination if the project’s construction activities are within the NPDES Construction General Permit. Include project type and risk level. h. Table of Contents list for technical specifications. i. List of regulatory permits necessary for work within Stevens Creek and schedule for obtaining approval.
j. Draft schedule for permit application circulation.
k. Utilities research information.

Deliverables:
• 30% Plans
• Outline Technical Specifications (Table of Contents)
• 30% Probable Construction Cost Estimate
• Lighting Cut Sheets
• CEQA & Resource Agency Needs (incl NPDES CGP and MRP C.3 conformance) Memorandum
• Draft Probable Construction Schedule
• Utility Research Information Matrix
• All files to be delivered in .pdf format unless specified otherwise

Attachment 1

H.10.2 75% Design:

Based on the 30% comments, the Mark Thomas team will prepare 75% design documents. We will prepare plans based on the table below and draft technical specifications. The estimate will be based on recent, relevant unit costs and input from the City. The plans will include:

Sheet Name Number of Sheets
Title 1
General Notes 2
Project Control 1
Typical Cross Sections 3
Demolition Plan 4
Layout 4
Profiles 4
Construction Details 6
Existing Utilities and Drainage 4
Signing and Striping 6
Retaining Walls 4
Structures 37
Log of Test Borings 6
Electrical & Details 5
Landscape & Details 6
Irrigation & Details 6
Total 99

2. 75% Submittal: All major issues have been resolved prior to this stage. The intent of this submittal is to provide plans and project documents in sufficient detail to allow for thorough and complete review.
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,
• Special Provisions, with recommended changes in track changes format. The Special Provisions shall also include the following:
o Bid item descriptions and measurement and payment provisions o A list of minimum required submittals during construction 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 table list of materials requiring warranties, and associated warranty periods a. Project schedule update.
b. 75% construction cost estimate in the form of the bid schedule. c. Utility conflicts have been resolved or a timeline for resolution of issues has been determined.
d. CEQA documentation, suitable for filing at the County Recorder’s Office. e.
f. Responses to the City’s review comments on the 30% submittal, along with return of mark- ups.
g. Responses to agency stakeholders’ review comments on the 30% submittal, along with return of mark-ups.
h. Other supporting documentation as necessary, including but not limited to Storm Water Pollution Prevention Plan (SWPPP), NOI, documentation of starting permits necessary for Attachment 1

the contractor, calculations or reports for Building, , list of information available to Bidders, etc.
i. Update on status of regulatory permit applications. Applications must have been submitted at this point.

Deliverables:
• 30% Comment Response Matrix
• 75% Plans
• Draft Technical Specifications
• 75% Probable Construction Cost Estimate
• Draft SWPPP
• Draft Probable Construction Schedule
• CEQA Document ready to be filed with the County Recorder’s Office • All files to be delivered in .pdf format unless specified otherwise

H.10.3 100% Design:

Based on the 75% comments, the Mark Thomas team will prepare 100% design documents. We will prepare plans based on the table above and draft technical specifications. The estimate will be based on recent, relevant unit costs and input from the City. The draft construction schedule will be revised for review and a final SWPPP prepared.

3. 100% Submittal: All issues, prior comments, and concerns must be addressed in this submittal. a. 100% plans
• Peer review shall have been accomplished by this stage, with the statement and signature on the cover sheet. The professional shall sign, date and seal the following Certification of Peer Review on a letterhead document with the transmittal of the final plans and specifications:
“The undersigned hereby certifies that a professional peer review of these plans and the required designs was conducted by me, a professional engineer with expertise and experience in the appropriate fields of engineering equal to or greater than the Engineer of Record, and that appropriate corrections have been made.”

b. 100% specifications
• Reviewed bid instructions
• Finalized technical specifications
• Finalized Special Provisions
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. Responses to agency stakeholders’ review comments on the 75% submittal, along with return of mark-ups.
g. Other supporting documentation as necessary

All regulatory permits have been obtained and are included in the contract documents

Deliverables:
• 75% Comment Response Matrix
• 100% Plans
• Draft Final Technical Specifications
• 100% Probable Construction Cost Estimate
Attachment 1

• Final SWPPP
• Draft Final Probable Construction Schedule
• All files to be delivered in .pdf format unless specified otherwise

I. Bid Package
The bid package shall be finalized upon incorporation of the Cit y’s final comments from the 100% submittal, including incorporation of all stakeholder agency comments and requirements. Hard copies and digital format (PDF and native format) of each of the 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.

Based on the 100% comments, Mark Thomas will revise the PS&E and finalize them into bid ready documents. It is assumed the City will incorporate the technical specifications into the bid book and front end documents (boilerplate) ahead of bidding. The technical specifications cover sheet will be stamped and signed by the discipline leads.

Deliverables:
• 100% Comment Response Matrix
• Bid Documents (one wet signed hard copy)
• Final Technical Specifications
• Final Construction Cost Estimate
• Final Probable Construction Schedule
• All files to be delivered in .pdf format unless specified otherwise

J. Final Report for VTA
Mark Thomas will prepare a final report after the bid package submittal that meets VTA’s 2016 Measure B requirements. The report will be submitted in draft and final format. Mark Thomas will address and prepare a response to comments matrix to the City and VTA comments on the draft version when submitting the final version. The report must include information regarding the final project costs along with any other information VTA may require.

It is assumed that this report will be similar in content to the VTA Complete Street Capitol Project Checklist.

Deliverables:
• Draft and Final VTA Report
• Response to City and VTA comments matrix (on Draft Report) • All files to be delivered in .pdf format unless specified otherwise

K. Bidding Services
Mark Thomas will attend a pre-bid meeting, 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.

If addenda to bid documents are extensive and are as a result of consultant’s work product, conformed documents shall be prepared at no expense to the City. City will provide reproduction services.

Attachment 1

As the actual level of effort is unknown, we have provided a budget that will be billed on an as -needed time and materials basis as directed by the City. If the level of effort exceeds the budget, we will need an amendment to continue bidding services.

Deliverables:
• Pre-Bid Meeting Attendance
• Response to Bidder Questions and RFI’s
• Bid Addenda
• Conform Set
• All files to be delivered in .pdf format unless specified otherwise

L. Construction Support Services
The City’s construction management team will have primary responsibility for construction management and inspection. The Mark Thomas team point of contact will be the City’s construction manager, not the contractor. For high budget construction projects as this one, the City may hire a Construction Management (CM) firm that will manage the construction contract. In this case, the CM resident engineer become the Mark Thomas team point of contact along with the City’s Construction Oversight Engineer.

The following is a probable 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 up to five (5) periodic construction progress meetings.

4. Attend up to five (3) construction site visits.

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

6. Respond to RFIs, which includes clarifying or providing revisions or additional detail where necessary on the plans and specifications. Response to RFIs shall be timely to avoid construction delays and claims.

7. For projects with a building permit, the consultant shall 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.

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

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

10. Review and make recommendations on proposed changes to the contract (Request for Quotations and Contract Change Orders). The City’s Construction Engineer or the CM’s Resident Engineer typically handles this task. Allow up to 3 reviews.

11. 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.

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

Mark Thomas will support the City’s construction manager who will be responsible for construction management and inspection. It is assumed the City will retain a qualified Construction Management (CM) firm to manage the construction contract and they will be our primary point of contact during construction. Mark Thomas will attend construction meetings, respond to RFI’s and review submittals as required by the CM. As the actual level of effort is unknown, we have provided a budget that will be billed on an as -needed time and materials basis as directed by the CM. If the level of effort exceeds the budget, we will need an amendment to continue construction support services.

Attachment 1

Deliverables:
• Construction Meeting Attendance
• RFI Responses
• Submittal Review
• Contract Change Orders
• Punch List Walk Attendance
• Record Drawings
• Lessons Learned Meeting Attendance
• All files to be delivered in .pdf format unless specified otherwise

Optional Services

The consultant will start the optional services after receiving City’s project manager’s authorizations.

A. Environmental Impact Report
If during development of conceptual design and/or during preparation of the Initial Study it is identified that potentially significant impacts that cannot be mitigated to below the level of significance may occur, or if evaluation of more than one build alternative for the project would be necessary or desirable, then an Environmental Impact Report (EIR) would be required instead. To support preparation of an EIR, ESA will prepare an Initial Study to identify the topic areas that must be evaluated in the EIR. ESA will also prepare a Notice of Preparation (NOP) for transmittal to the State Clearinghouse, each CEQA responsible and trustee agency, and any federal agencies involved in the project. If necessary, ESA will lead one scoping meeting for the EIR.

ESA will prepare an Administrative Draft EIR for City review, a public circulation ready Draft EIR, including a NOC for circulation as described for an IS/MND, and a Final EIR, including an MMRP, responses to comments, and errata for City Council approval. Following approval of the EIR, ESA will prepare and post an NOD as described for an IS/MND. It is expected that the topic areas to be investigated in detail in the EIR would be similar to those described above for an IS/MND; however, it is assumed that up to three build alternatives and a no build alternative would be evaluated in the EIR.

Deliverables:
• Admin, Draft and Final EIR
• Notice of Determination
• All files to be delivered in .pdf format unless specified otherwise

B. Hard Copy Documents
If hard copy documents are required, this task includes limited hours of staff time for coordination, processing and pick-up/delivery as well as direct costs up to $3,750. We have assumed up to $1,250 per major submittal.

Deliverables:
• Hard Copies (TBD)
• All files to be delivered in .pdf format unless specified otherwise

C. Additional Right-of-Way Services
Consistent with and in addition to Task G, AR/WS will provide right -of-way services as needed for temporary and permanent usage of the trail, including coordination with title companies, County recorder’s office, and other stakeholders for one (1) additional agency jurisdiction encroachment, requiring up to two (2) easements, both temporary and permanent. The assumptions provided for in Task G apply to these optional services and this is an extension of that task in case the project footprint requires more right of way than originally anticipated.

Attachment 1

Deliverables:
• Draft Notice of Decision to Appraise
• Appraisal Report
• Draft Acquisition Documents for approval.
• Memorandum of Settlement and Signed Agreement (upon settlement) • Notice that negotiations have reached an impasse (if needed) • Plat and Legal Descriptions (up to 2, 1 temporary and 1 permanent) • Appraisal Maps (up to 2)
• Preliminary Title Reports (up to 1)
• Right of Way File
• All files to be delivered in .pdf format unless specified otherwise

D. Additional Community and Stakeholder Outreach
Consistent with and in addition to Task B, Mark Thomas will provide support to the City for an additional three (3) private property owner/HOA meetings and two (2) property owner/agency stakeholder meetings. The assumptions provided for in Task B apply to these optional services and this is an extension of that task in case additional stakeholder meetings are required.

Deliverables:
• Preparation for and attendance at Private Property/HOA Meetings (up to 3) • Preparation for and attendance at Property Owner/Agency Meetings (up to 2) • All files to be delivered in .pdf format unless specified otherwise

E. Additional Bidding and Construction Support Services Bidding Services
Consistent with and in addition to Task K , Mark Thomas will perform additional Bidding Services as needed. The assumptions provided for in Task K apply to these optional services and this is an extension of that task in case additional bid support is required.

As the actual level of effort is unknown, we have provided a budget that will be billed on an as-needed time and materials basis as directed by the City. If the level of effort exceeds the budget, we will need an amendment to continue bidding services.

Deliverables:
• Response to Bidder Questions and RFI’s
• Bid Addenda
• Conform Set
• All files to be delivered in .pdf format unless specified otherwise

Construction Support Services
Consistent with and in additional to Task L, Mark Thomas will perform additional construction support services as needed. The assumptions provided for in Task L apply to these optional services and this is an extension of that task in case additional construction support is required.

As the actual level of effort is unknown, we have provided a budget that will be billed on an as -needed time and materials basis as directed by the CM. If the level of effort exceeds the budget, we will need an amendment to continue construction support services.

Deliverables:
• Construction Meeting Attendance
• RFI Responses
Attachment 1

• Submittal Review
• Contract Change Orders
• Punch List Walk Attendance
• Record Drawings
• Lessons Learned Meeting Attendance
• All files to be delivered in .pdf format unless specified otherwise

F. Caltrans Coordination
The Mark Thomas team will assist the City with Caltrans coordination and approvals should they be required. This could include meetings with Caltrans staff, preparation of exhibits, preparation of technical reports or processing of encroachment permits. As the preferred alternative is not yet selected the scope of this task is undefined.

As the actual level of effort is unknown, we have provided a budget that will be billed on an as -needed time and materials basis as directed by the City. If the level of effort exceeds the budget, we will need an amendment to continue bidding services.

Deliverables:
• To be determined

V. Available Documents
The list below is available for information only.
• September 2015 Joint Cities Coordinated Stevens Creek Trail Feasibility Study is available on the City’s website under the Documents tab:
https://sunnyvale.ca.gov/business/projects/stevens.htm
• Sunnyvale City Council Report To Council, presentation, and meeting recording (RTC 16-0034, February 9, 2016) are available on the City’s website. The Feasibility Study and approved alignment were discussed.
https://sunnyvaleca.legistar.com/LegislationDetail.aspx?ID=2563422&GUID=BB1A0DB1-7E95- 4A79-A820-82C37B6111B4&FullText=1
• Utility block maps for City sanitary sewer and storm drain are available on the City’s website. City staff will provide water facilities block maps as necessary. https://sunnyvale.ca.gov/services/map/utility.htm
• Tract maps and parcel maps
• 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 one (1) foot contours • Aerial photographs from 2015 (ArcGIS format)

VI. Web-Ready Document Requirements
All submittals and deliverables must be in web-ready and accessible PDF format. All documents must have accessibility in mind and follow standard practice for web-ready and accessibility usage. Documents must:
• Have simple and clean formatting
• Have complete and verified web links, if applicable
• Include alternative text for images
• Be in searchable PDF format
Attachment 1

• Include bookmarks for long documents
• Be created using accessibility standards
• Be reasonably sized files for relatively quick and easy web downloading

Attachment 1

ID %
Comp
Task Name Duration Start Finish
1 0% Stevens Creek Trail Extension, Remington Drive to Fremont Avenue 664 days Tue 5/24/22 Fri 12/6/24 2 0% City Council Approval 0 days Tue 5/24/22 Tue 5/24/22 3 0% Kick‐Off Meeting 0 days Tue 6/7/22 Tue 6/7/22
4 0% A. PROJECT MANAGMEENT 583 days Wed 6/8/22 Fri 8/30/24 5 0% A.1 Project Management 583 days Wed 6/8/22 Fri 8/30/24 6 0% B. COMMUNITY AND STAKEHOLDER OUTREACH 302 days Mon 10/31/22 Tue 12/26/23 7 0% B.1 Collateral Materials 60 days Mon 10/31/22 Fri 1/20/23 8 0% B.2 Public Meetings 185 days Tue 4/11/23 Tue 12/26/23 9 0% Community Meeting #1 0 days Tue 4/11/23 Tue 4/11/23 10 0% Community Meeting #2 0 days Tue 12/26/23 Tue 12/26/23 11 0% C. DOCUMENT REVIEW AND EXISTING CONDITIONS ANALYSIS 23 days Wed 6/8/22 Fri 7/8/22 12 0% C.1 Document Review and Existing Conditions Analysis 23 days Wed 6/8/22 Fri 7/8/22 13 0% D. TOPOGRAPHIC SURVEY 120 days Mon 7/11/22 Fri 12/23/22 14 0% D.1 Topographic Survey 120 days Mon 7/11/22 Fri 12/23/22 15 0% E. CONCEPTUAL DESIGN AND ANALYSIS 80 days Mon 7/11/22 Fri 10/28/22 16 0% E.1 Conceptual Design and Analysis 80 days Mon 7/11/22 Fri 10/28/22 17 0% F. ENVIRONMENTAL CLEARANCE 220 days Mon 10/31/22 Fri 9/1/23 18 0% F.1 Air Quality 30 days Mon 10/31/22 Fri 12/9/22
19 0% F.2 Biological Resoures Report 120 days Mon 10/31/22 Fri 4/14/23 20 0% F.3 Cultural Resources Report 60 days Mon 10/31/22 Fri 1/20/23 21 0% F.4 Greenhouse Gas Emissions 60 days Mon 10/31/22 Fri 1/20/23 22 0% F.5 Hazards and Hazardous Materials 60 days Mon 10/31/22 Fri 1/20/23 23 0% F.6 Noise 60 days Mon 10/31/22 Fri 1/20/23
24 0% F.7 IS/MND 120 days Mon 3/20/23 Fri 9/1/23
25 0% G. RIGHT OF WAY SERVICES 220 days Mon 5/15/23 Fri 3/15/24 26 0% G.1 Right of Way Services 220 days Mon 5/15/23 Fri 3/15/24 27 0% H. FINAL DESIGN DEVELOPMENT 530 days Mon 7/11/22 Fri 7/19/24 28 0% H.1 Permits, Regulatory Agency & Resource Agency Consultation 260 days Mon 7/24/23 Fri 7/19/24 29 0% H.2 Utility Research and Coordination 80 days Mon 7/11/22 Fri 10/28/22 30 0% H.3 Bridge Design and Structural Calculations 30 days Mon 10/16/23 Fri 11/24/23 31 0% H.4 Hydrology/Hydraulic Design 80 days Mon 10/31/22 Fri 2/17/23 32 0% H.6 Geotechnical Investigation 60 days Mon 10/31/22 Fri 1/20/23 33 0% H.9 Structures Type Selection 40 days Mon 11/28/22 Fri 1/20/23 34 0% H.10 Caltrans Coordination & Documentation (Not Scoped) 280 days Mon 10/31/22 Fri 11/24/23 35 0% H.10 Plans, Specifications and Estimate 380 days Mon 12/26/22 Fri 6/7/24 36 0% H.10.1 30% Design 100 days Mon 12/26/22 Fri 5/12/23 37 0% H.10.2 75% Design 160 days Mon 5/15/23 Fri 12/22/23 38 0% H.10.3 100% Design 120 days Mon 12/25/23 Fri 6/7/24 39 0% I. BID PACKAGE 40 days Mon 7/22/24 Fri 9/13/24
40 0% I.1 Bid Package 40 days Mon 7/22/24 Fri 9/13/24
41 0% J. FINAL REPORTS FOR VTA 30 days Mon 9/16/24 Fri 10/25/24 42 0% J.1 Final Reports for VTA 30 days Mon 9/16/24 Fri 10/25/24 43 0% K. BIDDING SERVICES 60 days Mon 9/16/24 Fri 12/6/24 44 0% K.1 Bidding Services 60 days Mon 9/16/24 Fri 12/6/24 45 0% L. CONSTRUCTION SUPPORT SERVICES 0 days Fri 12/6/24 Fri 12/6/24 46 0% L.1 Construction Support Services 0 days Fri 12/6/24 Fri 12/6/24 5/24
6/7
4/11
12/26
12 12

J J A S O N 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 Half 2, 2022 Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Exhibit A-1
Attachment 1

Exhibit B Compensation Schedule
City of Sunnyvale
Proposal for: Stevens Creek Trail Extension, Remington Drive to Fremont Avenue Mark Thomas & Company, Inc.

ODCs Total
Principal
Sr.

Project
Manager
Sr.

Technical
Lead
Technical
Lead
Project
Manager
Project
Engineer
Design
Engineer
II
Engineeri
ng
Manager
Sr.

Project
Engineer
Sr.

Technicia
n
Survey
Manager
Sr.

Project
Surveyor
Lead
Survey
Technicia
Surveyor
Survey
Technicia
n
2 Person
Field
Crew
Sr.

Project
Coordinat
Project
Accounta
nt
Sr.

Graphic
Designer
Paublic
Outreach
Electrical/L
ighting/Alts
Analysis
Environme
ntal
Resource
Agency
Permitting
Right of
Way
Geotechnic
al
Sub Mark-
Up
Shawn
O'Keefe (QA/QC) Various Various Various Various Various Julie
Passalacq
ua
Various Various Various Various Various Various Various Various Various Various Various Katz & Associates
Fehr &
Peers
Environme
ntal Service
Associates
Sokale
Environme
ntal
Associated
Right of
Way
Cotton,
Shires and
Associates,
5%
$385 $270 $226 $226 $224 $172 $147 $312 $206 $164 $215 $203 $165 $140 $120 $295 $151 $132 $165 Fee/Hr or LS
Fee/Hr or
LS
Fee/Hr or
LS
Fee/Hr or
LS
Fee/Hr or
LS
Fee/Hr or
LS
Fee/Hr or
LS
A P r o j e c t M a n a g e m e n t 2 0 0 000 8 0 8 0 08 2 0 0000000 1 2 0 4 8 0 5 5 6 $139,690 $0 $13,560 $19,800 $3,200 $0 $0 $1,828 $178,078 B Community and Stakeholder Outreach 40 0 0 0 56 80 0 0 80 000000000 1 2 0 3 7 6 $77,988 $66,080 $14,140 $12,900 $0 $0 $0 $4,656 $175,764 C Document Review and Existing Conditions Analysis 8000 4 0 4 0 8 0 000000000 1 6 00 1 8 4 $33,085 $0 $2,220 $21,660 $2,560 $0 $0 $1,322 $60,847 D T o p o g r a p h i c S u r v e y 0000 1 6 4 0 0000 3 2 9 6 2 4 4 0 1 0 0 2 0 0 800 5 5 6 $118,577 $0 $0 $0 $0 $0 $0 $0 $5,000 $123,577 E C o n c e p t u a l D e s i g n a n d A n a l y s i s 1 6 000 1 6 0 4 0 0 4 0 0000000000 1 1 2 $23,873 $0 $44,730 $50,340 $3,840 $0 $0 $4,946 $127,729 F E n v i r o n m e n t a l C l e a r a n c e 4 0 000 8 8 00000000000000 1 2 8 $35,124 $0 $14,560 $250,933 $0 $0 $0 $12,425 $313,041 G R i g h t - o f - W a y S e r v i c e s 1 6 000 4 0 00000 2 4 6 0 1 6 6 0 9 6 0600 3 1 8 $55,920 $0 $0 $0 $0 $86,700 $0 $4,335 $12,500 $159,455 H Final Design Development $0
H.1 Permits, Regulatory Agency Coordination & Resource
Agency Consultation 4 0 000 4 0 00000000000000 8 0 $24,365 $0 $0 $50,125 $22,080 $0 $0 $3,610 $100,181 H . 2 U t i l i t y R e s e a r c h a n d C o o r d i n a t i o n 800 4 0 0 8 0 8 0 000000000000 2 0 8 $37,609 $0 $0 $0 $0 $0 $0 $0 $25,000 $62,609 H . 3 B r i d g e D e s i g n a n d S t r u c t u r a l C a l c u l a t i o n s 4000 1 6 0 2 4 0 0 1300 0000000000 1560 $308,429 $0 $0 $0 $0 $0 $0 $0 $308,429 H . 4 H y d r o l o g y / H y d r a u l i c D e s i g n 4000 3 2 00000000000000 3 6 $ 8 , 7 1 2 $ 0$ 0 $ 8 , 3 2 0 $ 0$ 0$ 0 $416 $17,448 H . 5 L a n d s c a p e 4000 1 6 1 6 0000000000000 3 6 $ 7 , 8 7 5 $ 0$ 0 $14,970 $0 $0 $0 $749 $23,593 H . 6 G e o t e c h n i c a l I n v e s t i g a t i o n 40008000 1 6 0000000000 2 8 $ 6 , 6 3 2 $ 0$ 0$ 0$ 0$ 0 $124,558 $6,228 $137,418 H . 7 T r a f f i c C o n t r o l 4000 1 6 4 0 8 0 000000000000 1 4 0 $23,757 $0 $0 $0 $0 $0 $0 $0 $23,757 H . 8 E l e c t r i c a l 0000 1 6 1 6 0000000000000 3 2 $ 6 , 3 3 5 $ 0 $17,220 $0 $0 $0 $0 $861 $24,416 H . 9 S t r u c t u r e s T y p e S e l e c t i o n 1 6 0 1 6 0 1 6 0 9 6 1 6 1 6 0 1 4 0 000000000 4 6 0 $88,353 $0 $0 $0 $0 $0 $0 $0 $88,353 H.10 Plans, Specifications and Estimate $0
H.10.1 3 0 % D e s i g n 1 6 4 0 00 4 0 8 0 8 0 000000000000 2 5 6 $51,428 $0 $16,125 $19,240 $0 $0 $0 $1,768 $88,561 H.10.2 7 5 % D e s i g n 3 2 4 0 4 0 0 1 2 0 1 6 0 4 0 0 4 0 1 2 0 5 0 0 000000000 1452 $264,350 $0 $34,300 $25,260 $0 $0 $0 $2,978 $326,888 H.10.3 100% Design 16 40 24 0 40 160 520 24 80 100 000000000 1004 $175,609 $0 $14,905 $24,360 $0 $0 $0 $1,963 $216,837 I B i d P a c k a g e 4000 2 4 8 0 8 8 0 1 2 1 6 000000 1 6 00 2 4 0 $41,098 $0 $10,545 $0 $0 $0 $0 $527 $52,170 J F i n a l R e p o r t f o r V T A 2000800000000000 2 0 00 3 0 $ 5 , 5 7 3 $ 0$ 0$ 0$ 0$ 0$ 0$ 0 $ 5 , 5 7 3 K B i d i n g S e r v i c e s 8000 2 4 2 4 4 0 4 1 0 4000000000 1 1 4 $22,426 $0 $2,350 $0 $0 $0 $1,360 $186 $26,322 L Construction Support 64 0 0 0 160 320 160 16 160 40 000000000 9 2 0 $183,515 $0 $8,630 $0 $0 $0 $6,680 $766 $199,591 Proposal Subtotal 546 120 80 40 912 1216 1904 108 1998 800 56 156 40 100 196 200 186 48 120 8826 $1,740,323 $66,080 $193,285 $497,908 $31,680 $86,700 $132,598 $49,562 $42,50 0 $2,840,637 Anticipated Salary Increases (3% for 2 years) $36,547
Optional Services
A E n v i r o n m e n t a l I m p a c t R e p o r t 2 4 000 4 0 00000000000000 6 4 $18,205 $0 $0 $53,455 $0 $0 $0 $2,580 $74,240 B H a r d C o p y D o c u m e n t s 0000480000000000 3 2 00 4 4 $ 7 , 0 8 7 $ 0$ 0$ 0$ 0$ 0$ 0$ 0 $ 3 , 7 5 0 $10,837 C Additional Right of Way Services 40004000008 1 6 0 1 6 3 2 0400 8 4 $14,084 $0 $0 $0 $0 $8,670 $0 $434 $12,500 $35,688 D Additional Community and St akeholder Outreach 16 0 0 0 16 40 008000000000 4 0 1 2 0 $24,867 $0 $0 $0 $0 $0 $0 $0 $24,867 E Additional Bidding and Construction Support Services 80 0 0 0 184 360 200 20 170 44 000000000 1058 $211,770 $0 $10,980 $0 $0 $0 $6,680 $883 $230,313 F C a l t r a n s C o o r d i n a t i o n 4 0 2 4 4 0 0 8 0 1 6 0 1 6 0 8 0 1 6 0 8 0 000000 2 8 00 8 5 2 $175,093 $0 $0 $0 $0 $0 $0 $0 $175,093 Total Optional Services 164 24 40 0 328 568 360 100 338 124 8 16 0 16 32 0 64 0 40 2,222 $451,107 $0 $10,980 $53,455 $0 $8,670 $6,680 $3,897 $16,250 $551,038 Total Including Optional Services 710 144 120 40 1,240 1,784 2,264 208 2,336 924 64 172 40 116 228 200 250 48 160 11,048 $2,191,430 $66,080 $204,265 $551,363 $31,680 $95,370 $139,278 $53,4 59 $58,750 $3,428,221 Notes:
1 Rates shown are for estimating purposes only. See rate schedule for actual rates/ranges. 2 3
4 April 27, 2022
Other
Direct
Costs
Total Fee
SubconsultantsTasks Labor
Total Labor
Costs
Total
Hours
Task Description (Change task titles as detailed in the scope of work)
Task
#
4/27/2022 2/2
Attachment 1

RATE SCHEDULE (P-1)
Engineering Services Survey  Services
Intern $52  ‐ $90 Survey Intern $65 ‐ $112
Technician $72 ‐ $137 Survey Technician $85 ‐ $151
Planner I$ 85 ‐ $115 Sr. Survey Technician $98  ‐ $186
Design Engineer I$ 101 ‐ $144 Surveyor $118 ‐ $171
Planner II $111 ‐ $137 Sr. Surveyor $134 ‐ $198
Sr. Technician $124 ‐ $180 Lead Survey Technician $131  ‐ $218 Design Engineer II $131 ‐ $169 Project Surveyor $164 ‐ $216 Project Engineer $154 ‐ $191 Sr. Project Surveyor $180 ‐ $238 Sr. Project Engineer $167 ‐ $227 Survey Manager $191 ‐ $263 Sr. Technical Engineer $167 ‐ $227 Sr. Survey Manage r $238 ‐ $311 Project Manager $200 ‐ $256 Survey Division Manager $284  ‐ $396 Technical Lead $200 ‐ $256 ** Single Chief $157 ‐ $216
Sr. Project Manager $232 ‐ $328 ** Single Instrumentman $150  ‐ $191 Sr. Technical Lead $222 ‐ $328 ** Single Chainman $132 ‐ $187 Engineering Manager $294 ‐ $378 ** Apprentice $71 ‐ $176 Practice Area Leader $294 ‐ $378 ** 1 Person Field Crew $157 ‐ $216 Sr. Engineering Manager $327  ‐ $450 ** 2 Person Field Crew $290 ‐ $403 Principal $422 ‐ $500 ** 3 Person Fie ld  Crew $361 ‐ $580 Drone Pilot $220
Construction Management Services
Office Technician $65 ‐ $108 Project Support/Coordination Services Office Engineer $115 ‐ $216 Project Assistant $72 ‐ $108 ** Asst. Resident Engineer $164  ‐ $297 Technical Writer $69 ‐ $115 ** Inspector ‐ CM $164 ‐ $297 Sr. Project Assistant $101 ‐ $137 RE/Structural Representative $213  ‐ $360 Project Coordinator $98 ‐ $144 Project Manager ‐ CM $213 ‐ $324 Graphic Designer $105 ‐ $162 Sr. Project Manager ‐ CM $229  ‐ $360 Sr. Technical Writer $105 ‐ $176 Area Manager ‐ CM $321 ‐ $468 Project Accountant $105 ‐ $162 Division Manager ‐ CM $294 ‐ $360 Sr. Project Coordinator $131  ‐ $173 Sr. Graphic Designer $118  ‐ $198
District Management Services Sr. Project Accountant $164  ‐ $223 ** Inspe ctor  ‐ Apprentice $69 ‐ $104 Sr. Graphic Manager $147  ‐ $216 ** Inspector $101 ‐ $140
** Sr. Inspector $128 ‐ $166 Urban Planning/Landscape Architecture Services Assistant Sanitary Engineer $144  ‐ $184 Landscape Intern $49 ‐ $90 Associate Sanitary Engineer $160  ‐ $216 Landscape Designer I$ 8 5  ‐ $115 Sanitary Project Engineer $160  ‐ $248 Landscape Designer II $111 ‐ $137 Sr. Sanitary Project Engineer $203  ‐ $295 Landscape Architect $115  ‐ $198 Operations Manager $232 ‐ $328 LAUD Division Manager $255  ‐ $284 Deputy District Manager $288  ‐ $353 LAUD Project Manager $193  ‐ $248 Dis
trict Manager‐Engineer $321  ‐ $374 Sr. LAUD Project Manager $229  ‐ $281 Sr. LAUD Division Manager $268  ‐ $317
Grant Writing Services Special Services
Funding Specialist $150 ‐ $225 Expert Witness $440
Sr. Funding Specialist $225 ‐ $300 Strategic Consulting $440 Note: Additional Promotional Steps Exist within Various Rate Categories Reimbursables including, but not limited to:

Reproductions, Delivery and Filing Fees Cost Plus 5% Outside  Consultant Fees Cost  Plus 5% Mileage Per IRS Rate Survey Field Expenses Cost Plus 5% EXHIBIT A
Mark Thomas & Company, Inc. Rate Schedule
Expires June 30, 2023*
HOURLY CHARGE RATE RANGES
OTHER DIRECT COSTS
*Rates subject to escalation with new hourly rate schedule as of July 1, 2023 **These charge rates are subject to Prevailing Wage laws and Union contract. PAGE 1 OF 2 Attachment 1

Exhibit C

INSURANCE REQUIREMENTS FOR CONSULTANTS/CONTRACTORS

Consultant/Contractor 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 $1,000,000 per claim and annual aggregate. In the event that Professional Liability Coverage is provided via a Claims Made Policy, the coverage shall include a minimum of a three (3) year extended reporting clause after completion of the contract of work.

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 additional 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.

Attachment 1

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 shall 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 to the named insured, whichever is greater.

7. Professional Liability Policy which provides coverage on a claims-made basis:

A. The Retroactive Date shall be shown and shall be before the date of the contract or the beginning of contract work.

B. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.

C. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the CONSULTANT shall purchase “extended reporting” coverage for a minimum of three (3) years after completion of contract work.

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. Fa ilure 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