CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SUNNYVALE AND MNS ENGINEERS, INC. FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES
FOR REPLACEMENT / REPAIR / REHABILITATION
OF SANITARY SEWER SYSTEM
THIS AGREEMENT, dated ______________________________, is by and between the CITY OF SUNNYVALE, a California chartered municipal corporation ("CITY"), and MNS ENGINEERS, Inc. a California Corporation ("CONSULTANT").
WHEREAS, CITY advertised a Request for Proposals (RFP) on October 19, 2022; and
WHEREAS, CITY accepted CONSULTANT’s proposal submitted on November 16, 2022; and
WHEREAS, CITY desires to secure professional services necessary for investigation, analysis, design, preparation of construction drawings and contract specifications, consultation, services during construction and other services for a project known as Replacement / Repair / Rehabilitation of Sanitary Sewer System; and
WHEREAS, CONSULTANT represents that it, and its su b-consultants, if any, possess the professional qualifications and expertise to provide the required services and are licensed by the State of California to practice engineering in the required disciplines;
NOW, THEREFORE, THE PARTIES ENTER INTO THIS AGREEMENT.
1. Services by CONSULTANT
CONSULTANT shall provide services in accordance with Exhibit "A" entitled “Scope of Work.” All exhibits referenced in this Agreement are attached hereto and are incorporated herein by reference. To accomplish that end , CONSULTANT agrees to assign Nick Boswell 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 attached hereto a nd incorporated herein by reference.
Except as specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to satisfactorily complete the services required in this Agreement.
2. Notice to Proceed/Completion of Services
(a) CONSULTANT shall commence services upon receipt of a Notice to Proceed from CITY. Notice shall be deeme d 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 Attachment 1
services defined in Exhibit “A,” CITY shall give CONSULTANT written Notice of F inal Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has satisfactorily completed the Scope of Work (Exhibit “A”), and if so requested, CITY shall mak e 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 detailed 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 CONSULTANT 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 Six Hundred Nineteen Thousand Three Hundred Four and 00/100 dollars.
Dollars. $619,304.00. 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 calen dar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated in the Compensation Schedule and shall referenc e the project title. The final invoice must contain the final cost and all credits due CITY. The final invoice should be submitted within 60 calendar days after completion of CONSULTANT’s work.
5. No Assignment of Agreement
CONSULTANT bind themselves , their partners, successors, assigns, executors, and administrators to all covenants of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for 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 financia l 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 comple te the services covered by this Agreement. Any such assignment shall not relieve CONSULTANT from any liability under the terms of this Attachment 1
Agreement.
6. Consultant is an Independent Contractor
CONSULTANT is not an agent or employee of CITY but is an indepen dent 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 coverage for its employees.
7. Consultant's Services to be Approved by a Registered Professional
All reports, costs estimates, plans and other documents which may be submitted or furnished by CONSULTANT shall be approved and signed by a qualified registered professional in the State of California. The title sheet for calculations, specifications and reports, and each sheet of plans, shall bear the professional seal, certificate nu mber, registration classification, expiration date of certificate and signature of the professional responsible for their preparation.
8. Standard of Workmanship
CONSULTANT represents and maintains that it is skilled in the professional calling necessary to perform the services and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT's representations regarding its skills and knowledge. CONSULTANT shall perform such services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
The plans, designs, specifications, estimates, calculations reports and other documents furnished u nder 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 shall be responsible for the professional q uality, technical accuracy and the coordination of the services furnished by it under this Agreement.
Neither CITY’s review, acceptance nor payment for any of the services required under this Agreement shall be construed to operate as a waiver of any righ ts 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 a ny of the services furnished under this Agreement.
Attachment 1
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 CONSULT ANT 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.
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 car ds 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 sha ll 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 prep ared, 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 Attachment 1
work associated with Project. However, CONSULTANT shall not b e 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 to the extent arising out of any negligence, recklessness or willful misconduct of CONSULTANT, its officers, employees, agents, contractor, subcontractors or any officer, agent or employee thereof in relation to CONSULTANT’s performance under this Agreement. In no event shall the cost to defend charged to the the design professional exceed the design professional's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. Such defense and indemnification shall not apply in any instance of and to the extent caused by the sole negligence, or willful misconduct of CITY, its officers, employees, agents or representatives.
15. Insurance Requirements
The City requires that CONSULTANT 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" through PINS for approval by the City Risk Manager prior to CONSULTANT (or subcontractor) commencing any work under this Agreement.
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 Attachment 1
notices shall be deemed communicated as of three business days after mailing.
To CITY: Jennifer Ng
Department of Public Works
CITY OF SUNNYVALE
P. O. Box 3707
Sunnyvale, CA 94088-3707
To CONSULTANT: MNS ENGINEERS, Inc.
Shawn Knowalewski
111 N. Market Street, Suite 440
San Jose ,CA0 95113
18. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
19. Amendments
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 obli gations 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 appearan ce 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 Attachment 1
County of Santa Clara and waive all venue objections.
23. Records, Reports and Documentation
CONSULTANT shall maintain complete and ac curate records of its operation, including any and all additional records required by CITY in writing. CONSULTANT shall submit to CITY any and all reports concerning its performance under this Agreement that may be requested by CITY in writing. CONSULTANT agrees to assist CITY in meeting CITY's reporting requirements to the state and other agencies with respect to CONSULTANT's work hereunder. All records, reports and documentation relating to the work performed under this Agreement shall be made available to City during the term of this Agreement.
24. Termination of Agreement
A. If CONSULTANT defaults in the performance of this Agreement, or materially breaches any of its provisions, CITY at its option may terminate this Agreement by giving written notice t o 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 d ate of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.
B. Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY also shall have the right t o terminate this Agreement for any reason upon ten (10) days' written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be compensated in proportion to the percentage of services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.
C. If CITY fails to pay CONSULTANT, CONSULTANT at it s 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, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, Attachment 1
gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, or any other protected characteristic in violation of federal or state law.
27. Changes
CITY or CONSULTANT may, from time to time, request changes in the terms and conditions of this Agreement. Such changes, which are mutually agreed upon by CITY and CONSULTANT, shall be incorporated in amendments to this Agreement.
28. Other Agreements
This Agreement shall not prevent either Party from entering into similar agreements with others.
29. Severability Clause.
In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain in full force and effect.
30. Captions
The captions of the various sections, paragraphs and subparagraphs, of the contract are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.
31. Entire Agreement; Amendment
This writing constitutes the entire agreement between the parties relating to the services to be performed or materials to be furnished hereunder. No modification of this Agreement shall be effective unless and until such modi fication is evidenced by writing signed (wet or electronic signature) by all parties.
32. Miscellaneous
Time shall be of the essence in this Agreement. Failure on the part of either party to enforce any provision of this Agreement shall not be construe d as a waiver of the right to compel enforcement of such provision or any other provision.
Attachment 1
IN WITNESS WHEREOF, the parties have executed this Agreement.
ATTEST: CITY OF SUNNYVALE ("CITY")
By_____________________________ By
City Clerk City Manager
MNS ENGINEERS, INC.
("CONSULTANT")
APPROVED AS TO FORM: By
Name/Title
___________________________ By
City Attorney
Name/Title
Attachment 1
SCOPE OF WORK FOR
REPLACEMENT / REPAIR /
REHABILITATION OF SANITARY SEWER
SYSTEM
PROJECT NUMBER UY-21-01
I. Consultant Scope of Services
The consultant will perform all engineering and project management-related work necessary to prepare plans and specifications suitable for Public Works bidding.
Consultant services shall include, but are not limited to: project management, preliminary design, design development, bid documents, jurisdictional permitting, bidding support, and construction support services, as further detailed below.
A. Project Management
The consultant will be the primary responsible party for managing the project’s schedule and consultant contract budget. In addition, the consultant is expected to attend and prepare minutes for up to four (4) project meeting 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.
All project schedules shall be prepared in Gantt chart format, utilizing Microsoft Project software. Three weeks for each City review shall be included. Schedule updates shall be provided at all progress meetings.
Consultant’s own team should have provisions for quality assurance/quality control over work product prepared for the City. A statement of peer review will be required for overall constructability, coordination, and reasonable reduction in errors and omissions.
The total project budget, including design, construction and contingencies is $4,650,000. The Consultant is expected to design a project that can be constructed within the available construction amount, after design fees and a 10% construction contingency have been accounted for. Consultant is expected to communicate often and early with respect to the schedule and budget.
The City utilizes e-Builder project management software, and the Consultant is expected to work within the e-Builder system for this project. One e-Builder software license will be provided to the Consultant for the duration of the project. e-Builder software shall be utilized for all project management documentation and correspondence. Consultant shall coordinate with City staff for training materials and e-Builder introduction.
B. Preliminary Design
Preliminary design phase shall include surveys of sanitary sewer manholes, base mapping, conceptual design and provision of options, preliminary cost estimate, and other tasks as recommended by the proposer. The City will perform any necessary cleaning and CCTV inspection of Project sewers and laterals. CCTV inspection of sewers and laterals shall be excluded from consultant proposal. The City will provide CCTV of all sewers to the selected consultant and will obtain newer CCTV of any sites during design, if needed.
Attachment 1
Since the Project sewers are to be rehabilitated or replaced in their existing alignments, survey work is expected to be limited to sewer manhole dips where needed, and only capturing other ground surface features that may affect construction. Full topographic surveys of streets and surrounding areas to capture curbs, fire hydrants, etc. shall be excluded from the consultant proposal. Because sewer work is between known manhole locations, it is acceptable that pipe lengths be shown and called out as approximate in the plans, with lengths based on record drawings, Google Earth, and other acceptable sources. The Contractor will be instructed to verify lengths in the field (at their option) during the bid period. It is expected that plan views be superimposed onto aerial photos. Where sewers are to be rehabilitated without trenching (CIPP or pipe bursting), likely only a plan view is needed (i.e., no profile), however, provide a profile and detail for areas of spot repair, as needed.
As an optional task, the Consultant shall decide whether a geotechnical investigation addressing requirements for shoring, dewatering, hazardous soils, etc. is warranted at any site, to potentially reduce uncertainty and therefore costs in Contractor bids.
C. Design Development
Consultants shall be the Engineer of Record and responsible for design and preparation of complete plans and technical specifications for the project. The consultant must perform an adequate field investigation to confirm existing conditions.
All work is to comply with all applicable rules, regulations, code, law, and good practice for public facilities. When possible, the Consultant shall incorporate “green” building/construction practices, sustainability, energy efficiency, and low operations and maintenance costs into recommendations and subsequent design. The Design Standards for Sanitary Sewer Systems is posted on the City’s website:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1602/637820851905730000 Use of contractors, and all applicable subcontractors which are required to pay prevailing wages, requires registration with the State of California, Department of Industrial Relations (DIR) through the Public Works Contractor Registration Program (PWC Registration) before bidding, being awarded, or performing work on public works projects in California. This includes those performing surveying work, material testing, inspection, trucking, boring, potholing, concrete deliveries and temporary service companies who provide workers to prevailing wage contractors. For complete details, please refer to Attachment 1: Labor Compliance.
Plans and specifications shall provide sufficient detail to result in a good quality product while allowing competitive pricing where possible and appropriate and provide options to the contractor where appropriate to obtain the same good level of quality for the best bid price.
Plans and specifications shall not specify proprietary products or services. Specifications shall be prepared in CSI 2020 format.
Coordination and preparation of documentation to facilitate permits and outreach with utility companies, regulatory agencies, and other stakeholders including the City of Cupertino will also be consultant responsibility.
The existing main at location 17 is in the side yards of residences with no known public easements. As part of the base service, the Consultant shall design the sewer rehabilitation at this location. As an optional task, the Consultant shall obtain preliminary title reports (up to 12).
As a second optional task, the Consultant shall provide notification and outreach to these residents and assist the City in preparing and executing sanitary sewer easements including plats and legals.
Attachment 1
Consultant shall include an optional task in their proposal for preparation of a second bid package for locations that may be delayed during design. The optional task shall include bid and construction support services for the second bid package. Consultant shall include an optional task to perform a maximum of 17 potholes for utility locating.
All submittals shall include hardcopies (number specified below) and digital copies (PDF and native format) of all documents.
1. 30% Submittal: Submit PDF digital copy. An optional service to provide one (1) hardcopy set of 24” x 36” and one (1) set of 11” x 17” shall be included in the cost proposal. a. 30% plans: Cover sheet and plan sheet with base mapping and preliminary details. b. Cut sheets for equipment/appurtenances.
c. Project schedule update.
d. 30% construction cost estimate, including slurry seal restoration. e. Brief memorandum of determination if the project’s construction activities are within the NPDES Construction General Permit. Include project type and risk level. f. Email documentation if this project will trigger stormwater requirements under the MRP 3.0 (takes effect July 1, 2023). If yes, provide a strategy to move forward with the optional task for two construction projects.
g. Table of Contents list for technical specifications. h. Title Reports for properties at Location 17 (if optional task is authorized). i. If no formal easement exists for Location 17, provide evidence that the residents at location 17 have been contacted and drafts of sanitary sewer easement plats and legals (if optional task is authorized).
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. Application for Encroachment Permit with the City of Cupertino must be underway. Submit PDF digital copy of project documents. An optional service to provide one (1) hardcopy set of 24” x 36” and one (1) set of 11” x 17” shall be included in the cost proposal:
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
c. Project schedule update.
d. 75% construction cost estimate in the form of the bid schedule. e. Utility conflicts have been resolved or a timeline for resolution of issues has been determined.
f. CEQA Exemption documentation, suitable for filing at the County Recorder’s Office. g. Responses to the City’s review comments on the 30% submittal, along with return of mark-ups.
Attachment 1
h. Other supporting documentation as necessary. {SWPPP, documentation of starting permits necessary for the contractor, list of information available to Bidders, etc.} i. Location 17 plats and legals are complete and ready for execution by residents.
3. 100% Submittal: All issues, prior comments, and concerns must be addressed in this submittal. Submit PDF digital copy of project documents. An optional service to provide one (1) hardcopy set of 24” x 36” and one (1) set of 11” x 17” shall be included in the cost proposal:
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. Other supporting documentation as necessary.
D. Bid Package
The bid package shall be finalized upon incorporation of the City’s final comments from the 100% submittal.
Submit 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.
E. Bidding Services
Consultant will respond to all bidder’s requests for information (RFIs) and support the City’s coordination efforts to inform plan-holders of significant responses to RFIs and prepare addenda as necessary. During bidding, all proposers’ communications will be directed through the City’s Purchasing Officer.
F. Construction Support Services
The City’s construction management team will have primary responsibility for construction management and inspection. The consultant’s point of contact will be the City’s construction manager, not the contractor.
Attachment 1
The following is a minimum list of services and submittals required.
1. Attend and prepare information for an internal handoff meeting from the design team to the construction management team. Consultant shall be prepared to address: possible construction pitfalls, items for the construction management team to be aware of (special working hours, shortened timelines for submittal reviews, etc.).
2. Attend the pre-construction meeting.
3. Attend up to two (2) periodic construction progress meetings, as needed.
4. Participate in the final inspection and development of punch lists.
5. 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 in order to avoid construction delays and claims.
6. Review and respond to all submittals within the period allocated in the contract documents and as necessary to avoid construction delays and claims.
7. Review proposed substitutions, if any, for conformance to plans and technical specifications.
8. Review and make recommendations on proposed changes to the contract (Request for Quotations and Contract Change Orders).
9. 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.
10. Participate in the “Lessons Learned Meeting” with all parties at the end of the project.
II. Available Documents
The list below is available for information only.
• Record drawings are available for the following sites. The City does not guarantee the accuracy or completeness of record drawings. Consultant shall verify all information to their professional satisfaction.
Tract 1231
Tract 1343
Tract 1377
Tract 1627
Tract 5532
Tract 6033
DP-77-25
DP-95-01
SD-93-02
Sunset
• 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://www.sunnyvale.ca.gov/city-services/online-services/maps-and-gis/utility-maps • Tract maps and parcel maps
• Benchmarks for vertical control are listed on the City’s website:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1590/637997914061089168 • City standard details and specifications are available on the City’s website:
Details:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1604/637938362123730000 Specifications:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1606/637820851912670000 The below information will be provided during design to the consultant:
Attachment 1
• GIS data for property lines, street center lines, and one (1) foot contours • Aerial photographs from 2015 (ArcGIS format)
• City standard plan cover sheet
III. Reimbursable Expenses and Markups
For preparation of the cost proposal template and invoicing during the project, no markups shall be allowed on reimbursable expenses and the maximum markup on each subconsultant shall be 5%.
Optional services, if any, may be included as separate line items in the cost proposal.
The cost proposal shall be submitted as a separate, sealed item. The cost proposal shall include hour and fee breakdown by the tasks detailed in Section I, Consultant Scope of Services, and per the attached pricing template.
IV. Attachments
1. Labor Compliance
2. Summary of Sites Exhibit
Attachment 1
Attachment 1 - Labor Compliance
Contractor Registration with the State of California – Contractors, and all applicable subcontractors which are required to pay prevailing wages, must be registered with the State of California, Department of Industrial Relations (DIR) through the Public Works Contractor Registration Program (PWC Registrati on) before bidding, being awarded, or performing work on public works projects in California. This includes those performing surveying work, material testing, inspection, trucking, boring, pot holing, concrete deliveries and temporary service companies who provide workers to prevailing wage contractors. Registration must remain current throughout the project entirety. It is the contractor’s responsibility to not allow their PWC Registration to lapse during the project and to ensure all Subcontractor’s registrations remain current. The Labor Commissioner can assess penalties to public works contractors of up to $10,000, in addition to the registration fee, for failure to register. Awarding agencies are also subject to penalties of $100 a day, up to a maximum of $10,000, for having an unregistered contractor perform work on a public works project. If any penalties are issue d to the City for unregistered subcontractors or fo r a lapse in a contractor/s ubcontractor’s PWC Registration, these pen alties will be passed onto the contractor. A contractor that allows an unregistered subcontractor to work on the project is also subject to penalties of $100 a day up to $10,000. Contractors shall list all applicable PWC registration numbers on the Bid Form.
Hours of Work – Pursuant to Labor Code, Section 1810, eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, worker, or mechan ic employed at any time by the contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, work performed by empl oyees of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811 -1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which the laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of the Sections of the Labor Code. Such forfeiture amounts may be deducted from the contract sum.
Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each calendar day and each calendar week by each worker employed on the project, which record shall be kept open at all reasonable hours to the inspection of the City, its officers and agents, and to the inspection of the appropriate enforcement agency of the State of California.
Wage Rates – Pursuant to Sections 1770, 1771 and 1774 of the Labor Code of the State of California, or any applicable local law, contractors shall not pay less than the prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations. The City has ascertained the general prevailing rate per diem wages and rates for holidays, and overt ime work in the city, for each craft, classification or type of laborer, worker, or mechanic needed to execute this Contract. The City has adopted, by reference, the general prevailing rate of wages applicable to the work to be done under the Contract, as adopted and published by the Division of Labor Standards Enforcement and Labor Statistics and Research of the State of California, Department of Industrial Relations, to which reference is hereby made for a full and detailed description. A copy of the prevailing wage rates may be reviewed in the office of the Director of Public Works, City of Sunnyvale, 456 West Olive Avenue, Sunnyvale, California. Wage rates can also be obtained through the California Department of Industrial Relations website at: http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor may base any claim against the City.
In case it becomes necessary for Contractor or any subcontractor to employ on the project under this Contract any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, Contractor shall immediately notify the City who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish Attachment 1
Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
Prevailing Wage – As identified in the Notice to Bidders, the work contemplated by this agreement is a public work subject to prevailing wages under California Labor Code, Sections 1720 et. seq. The State of California Department of Industrial Relations has ascertained the general prevailing per diem wage rates in the locality in which the work is to be performed for each craft, classification, or type of worker required to perform the work. A schedule of the most recent general prevailing per diem wage rates made available to the City will be on file at the City’s principal facility office and will be made available to any interested party upon request. This prevailing wage rate schedule is provided by the City for Bidder’s information only and i s not guaranteed by the City to be current. Contractor is obligated to verify all appropriate prevailing wage rates and pay those rates as required. By this reference the verified current schedule of prevailing wage rates is made part of the Contract Documents.
Contractor shall pay not less than the prevailing per diem wage rates, as specified in the schedule and any amendments thereto, to all workers employed by contractor in the execution of the work. Contractor shall cause all subcontracts to include the provision that all subcontractors shall pay not less than the specified prevailing per diem wage rates to all workers employed by such subcontractors in the execution of the work.
Contractor shall forfeit to the City, as a penalty, no more than two hundred dollars ($200.00) for each calendar day or portion thereof for each worker that is paid less than the specified prevailing per diem wage rates for the work or craft in which the worker is employed for any portion of the work done by contractor or any subcontractor in violation of the provisions of the Labor Code, and in particular Sections 1770 to 1781 thereof, inclusive. Such forfeiture amounts may be deducted from the contract sum. Contractor shall also pay to any worker who was paid less than the specified prevailing per diem wage rate for the work or craft for which the worker was employed for any portion of the work, for each calendar day, or portion thereof, for which the worker was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker.
The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rates set forth in the Agreement, including payment in excess of the prevailing wage for extra work paid by force account. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the contractor’s bid and will not, under any circumstances be considered as the basis of a claim against the City under the Agreement.
Certified Payroll Records – Pursuant to Labor Code, Sections 1776 et. Seq., contractor and all subcontractors shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the work. All payroll records shall be certified as being true and correct by contractor or subcontractors keeping such records; and the payroll records shall be provided to the City no later than three weeks after closing of payroll for City-funded projects, and no later than one week for federal aid projects. The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Labor Code section 1776 (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Certified payroll records shall be made available at reasonable hours at the contractor’s principal o ffice to the persons authorized to inspect such records pursuant to Labor Code section 1776. Certified payroll shall also be made available for inspection upon request by the State of California Division of Labor Standards Enforcement, or the Division of Apprenticeship Standards of the State of California Division of Industrial Relations.
Each contractor and every lower-tier subcontractor will be required to submit certified payrolls and labor compliance documentations electronically via the software LCPtracker. Contractor shall cause all subcontracts to include the provision that all subcontractors submit certified payrolls and labor compliance documentation electronically via LCPtracker. Electronic submission will be a web-based system, accessed on the World Wide Web by a web browser. Each contractor user will be given a Log-On identification and password to access the City’s reporting system. Access will be coordinated by a City representative.
Attachment 1
Apprentice Program – Attention is directed to State of California Labor Code, Sections 3095, 1777.5, 1777.6, and 1777.7 and Title 8, California Code of Regulations, Section 200, and the applicable Sections that follow.
Responsibility for compliance with these requirements lies with the contractor. To ensure compliance and complete understanding of the law requiring apprentices, and specifically the required ratio thereunder, contractor or subcontractors should, where some question exists, contact the Division of Apprenticeship Standards, 525 Golden Gate Avenue, San Francisco, California, or one of its branch offices prior to commencement of the work.
In the event contractor willfully fails to comply with this section, it will be considered in violation of the requirements of the Contract.
Contractor and all of its subcontractors shall abide by the provisions of California Labor Code Section 1777.6 prohibiting discrimination in the acceptance of otherwise qualified apprentices; and California Labor Code Section 3095 which declares the unlawful discrimination in any recruitment or apprenticeship program on stated grounds.
City shall be entitled to retain and withhold all penalties as authorized pursuant to California Labor code, Division 2, Part 7, Chapter 1, commencing with Section 1720 and following, in accordance with the provisions of that Chapter, and the regulations established by the Director of Industrial Relations pursuant to the statutory authority of such chapter.
Attachment 1
ATTACHMENT 2–SUMMARY OF SITES EXHIBIT
CITY OF SUNNYVALE–REPLACEMENT/REPAIR/REHABILITATION
OF SANITARY SEWER SYSTEM
REVISION DATE: 7-19-22
1. Morse Avenue
• Approx. 655 LF of 8” concrete
• U/S MH 391-209 at intersection of E. Arques and Morse Avenue • D/S MH 410-212 at intersection of E. Taylor and Morse Avenue • Likely rehab method: Pipe bursting or open trench
Pipe is very old and deteriorating concrete pipe. Unknown whether the concrete has rebar, welded wire mesh, or is unreinforced.
Attachment 1
2. N. Bayview Avenue
• Approx. 650 LF of 8” concrete
• U/S MH 410-204 at intersection of Hazelton and Bayview Avenue • D/S MH 410-210 at intersection of E. Maude and Bayview Avenue • Likely rehab method: Pipe bursting or open trench
Pipe is very old and deteriorating concrete pipe. Unknown whether the concrete has rebar, welded wire mesh, or is unreinforced.
Attachment 1
3. Roosevelt Avenue
• Approx. 1,460 LF of 8” concrete
• U/S MH 391-213 at intersection of E. Arques and Roosevelt Avenue • D/S MH 411-201 at intersection of E. Maude and Roosevelt Avenue • Likely rehab method: Pipe bursting or open trench
Pipe is very old and deteriorating concrete pipe. Unknown whether the concrete has rebar, welded wire mesh, or is unreinforced.
Attachment 1
4. Ositos Avenue
• Approx. 630 LF of 6” VCP
• U/S MH 316-210 485 Ositos Avenue
• D/S MH 325-212 at intersection of Ositos and Sutter Ave • Likely rehab method: Pipe bursting or open trench
• Record drawings available (1231, 6033)
Attachment 1
5. Nuestra Avenue
• Approx. 315 LF 6” VCP
• U/S MH 316-207 485 Nuestra Avenue
• D/S MH 325-209 439 Nuestra Avenue
• Likely rehab method: Pipe bursting or open trench
• Record drawings available (1231, 6033)
Attachment 1
6. Rincon Avenue
• Approx. 750 LF of 8” VCP
• U/S MH 315-205 496 Rincon Avenue
• D/S MH 326-208 at intersection of Sutter and Rincon Avenue • Likely rehab method: Pipe bursting or open trench
• Record drawings available (1627)
Attachment 1
7. W. Iowa Avenue at Sunset Avenue
• Approx. 410 LF of 8” VCP
• U/S MH 326-202 at intersection of Sunset and W. Iowa Avenue • D/S MH 326-214 at 861 W. Iowa Avenue
• Likely rehab method: Pipe bursting or open trench
• Record drawings available (8587)
Attachment 1
8. W. Iowa Avenue at S. Pastoria Avenue
• Approx. 370 LF of 8” VCP
• U/S MH 326-213 at 830 W. Iowa Avenue
• D/S MH 326-216 at intersection of S. Pastoria and W. Iowa Avenue • Likely rehab method: Pipe bursting or open trench
Attachment 1
9. Sunset Avenue
• Approx. 675 LF of 8” VCP
• U/S MH 355-203 225 Sunset Avenue
• D/S MH 366-213 at intersection of Lewis and Sunset Avenue • Likely rehab method: Pipe bursting or open trench
• Record drawing available and (1231, 5532, 8587)
Attachment 1
10. Muender Avenue
• Approx. 890 LF of 6” concrete
• U/S MH 366-216 at intersection of Muender and Sunset Avenue • D/S MH 367-218 823 Muender Avenue
• Likely rehab method: Pipe bursting or open trench
Pipe is very old and deteriorating concrete pipe. Unknown whether the concrete has rebar, welded wire mesh, or is unreinforced.
Attachment 1
11. Coolidge Avenue
• Approx. 1,150 LF of 6” concrete
• U/S MH 366-214 at intersection of Coolidge and Sunset Avenue • D/S MH 367-206 at intersection of Coolidge and S. Pastoria Avenue • Likely rehab method: Pipe bursting or open trench
• Record drawings available (DP-77-25) and (5532)
Pipe is very old and deteriorating concrete pipe. Unknown whether the concrete has rebar, welded wire mesh, or is unreinforced.
Attachment 1
12. Waverly Street
• Approx. 465 LF of 6” concrete
• U/S MH 327-202 397 Waverly Street
• D/S MH 327-201 at intersection W. McKinley and Waverly Street • Likely rehab method: Pipe bursting or open trench
• Record drawing available (DP-95-01)
Pipe is very old and deteriorating concrete pipe. Unknown whether the concrete has rebar, welded wire mesh, or is unreinforced.
Attachment 1
13. Bishop Avenue
• Approx. 290 LF of 6” VCP
• U/S MH 288-215 at intersection of Carroll Street and Bishop Avenue • D/S MH 289-203 at 354 Bishop Avenue
• Likely rehab method: Pipe bursting or open trench
Attachment 1
14. San Diego Avenue
• Approx. 165 LF of 6” VCP
• U/S MH 450-227 622 San Diego Avenue
• D/S MH 450-226 at intersection of Eureka Court and San Diego Avenue • Likely rehab method: Pipe bursting or open trench
• Record drawings available (1377)
Attachment 1
15. Calle de Barcelona (City of Cupertino)
• Approx. 550 LF of 6” cast iron
• U/S MH A092-203 at intersection of Calle de Barcelona and Corte de Madrid • D/S MH A093-205 at intersection of Calle de Barcelona and Finch Avenue • Likely rehab method: Pipe bursting or open trench
• Record drawings available (1343)
Attachment 1
16. Corte de Seville (City of Cupertino)
• Approx. 210 LF of 6” cast iron
• U/S MH A092-202 at intersection of Calle de Barcelona • D/S MH A092-201 end of Court
• Likely rehab method: Pipe bursting or open trench
• Record drawings available (1343)
Attachment 1
17. Waverly Street to S. Mathilda Avenue
• Approx. 875 LF of 6” concrete
• U/S MH 354-209 162 Waverly Street
• D/S MH 353-201 163 S. Mathilda Avenue
• Likely rehab method: CIPP lining
Pipe is very old and deteriorating concrete pipe. Unknown whether the concrete has rebar, welded wire mesh, or is unreinforced. Pipe is not within a recorded easement and on private property.
Unknown residential structures may be above pipe and access to pipe on private property is extremely difficult.
Attachment 1
45 SECTION 7. PROJECT SCHEDULE
45 Section 7. REVISED Project Schedule7
ID Task Name Start Finish
1 Project Summary Mon 1/2/23 Mon 5/6/24
2 Project Start Mon 1/2/23 Mon 1/2/23
3 Task A: Project Management Mon 1/2/23 Mon 5/6/24
4 A.1 ‐ Project Management Mon 1/2/23 Mon 5/6/24
5 A.2 ‐ Coordination and Communication with City Tue 1/3/23 Mon 5/6/24 6 A.3 ‐ Quality Assurance/Quality Control (QA/QC) Mon 1/2/23 Mon 5/6/24 7 A.4 ‐ Project Meetings and Site Visits Mon 1/2/23 Thu 9/14/23 8 Project Kickoff Meeting Mon 1/2/23 Mon 1/2/23
9 Draft TM and Basis of Design Review Workshop Mon 2/20/23 Mon 2/20/23 10 30% Design Review Meeting Tue 5/23/23 Tue 5/23/23
11 75% Design Review Meeting Wed 7/26/23 Wed 7/26/23
12 100% Design Review Meeting Thu 9/14/23 Thu 9/14/23
13 A.5 ‐ Project Schedule Updates Fri 1/27/23 Wed 8/23/23 14 Draft TM Update Fri 1/27/23 Fri 1/27/23
15 30% Meeting Update Mon 5/1/23 Mon 5/1/23
16 75% Meeting Update Tue 7/4/23 Tue 7/4/23
17 100% Meeting Update Wed 8/23/23 Wed 8/23/23
18 A.6 ‐ Project Management Software Tue 1/3/23 Mon 5/6/24 19 Task B: Preliminary Design Mon 1/2/23 Wed 8/23/23
20 B.1 ‐ Site Survey Tue 1/3/23 Mon 1/23/23
21 B.2 ‐ Sewer Easement Documentation at Site 17
(optional)
Wed 5/24/23 Tue 6/20/23
22 B.3 ‐ Geotechnical (optional) Tue 3/7/23 Mon 4/3/23
23 B.3.1 ‐ Potholing (optional) Tue 3/7/23 Mon 4/3/23
24 B.4 ‐ Environmental Compliance and Permitting Wed 7/5/23 Wed 8/23/23 25 B.5 ‐ Utilities Coordination Mon 1/2/23 Fri 1/27/23
26 B.6 ‐ Technical Memorandum Mon 1/2/23 Mon 3/6/23
27 Draft TM Mon 1/2/23 Fri 1/27/23
28 City Review Mon 1/30/23 Fri 2/17/23
29 Final TM Tue 2/21/23 Mon 3/6/23
30 Task C: Design Development Tue 3/7/23 Wed 9/13/23
31 C.1 ‐ 30% Design Submittal Tue 3/7/23 Mon 5/22/23
32 30% Design Development Tue 3/7/23 Mon 5/1/23
33 Submittal Mon 5/1/23 Mon 5/1/23
34 City Review Tue 5/2/23 Mon 5/22/23
35 C.2 ‐ 75% Design Submittal Wed 5/24/23 Tue 7/25/23
36 75% Design Development Wed 5/24/23 Tue 7/4/23
37 Submittal Tue 7/4/23 Tue 7/4/23
38 City Review Wed 7/5/23 Tue 7/25/23
39 C.3 ‐ Constructability Reviews Thu 7/27/23 Wed 8/23/23 40 C.4 ‐ 100% Design Submittal Thu 7/27/23 Wed 9/13/23
41 100% Design Development Thu 7/27/23 Wed 8/23/23
42 Submittal Wed 8/23/23 Wed 8/23/23
43 City Review Thu 8/24/23 Wed 9/13/23
44 C.5 ‐ Traffic Control Plans and City of Cupertino Permits Tue 5/2/23 Wed 8/23/23 45 Task D: Final Bid Documents Fri 9/15/23 Thu 9/21/23
46 D.1 ‐ Final PS&E Submittal Fri 9/15/23 Thu 9/21/23
47 Final PS&E Fri 9/15/23 Thu 9/21/23
48 Submittal Thu 9/21/23 Thu 9/21/23
49 D.1.1 ‐ Final PS&E Submittal Fri 9/15/23 Thu 9/21/23 50 Final PS&E Fri 9/15/23 Thu 9/21/23
51 Submittal Thu 9/21/23 Thu 9/21/23
52 Task E: Bidding Services Fri 9/22/23 Fri 10/20/23
53 E.1 ‐ Pre‐Bid Meeting Fri 9/22/23 Fri 9/22/23
54 E.2 ‐ RFI Review and Response Mon 9/25/23 Fri 10/13/23 55 E.3 ‐ Conformed Contract Documents Mon 10/16/23 Fri 10/20/23 56 Task F: Construction Support Services Mon 10/23/23 Mon 5/6/24 57 F.1 ‐ Meetings Mon 10/23/23 Fri 4/5/24
58 F.2 ‐ Construction RFI and Substitution Review Mon 10/23/23 Fri 12/15/23 59 F.3 ‐ Submittal Review Mon 10/23/23 Fri 12/15/23
60 F.4 ‐ Review Requests for Quotations and Contract
Change Orders
Mon 10/23/23 Fri 4/5/24
61 F.5 ‐ Final Inspection Mon 4/8/24 Mon 4/8/24
62 F.6 ‐ Record Drawings Tue 4/9/24 Mon 5/6/24
1/2
1/27
5/1
7/4
8/23
5/1
7/4
8/23
9/21
9/21
25 1 8 15 22 29 5 12 19 26 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 3 10 17 24 31 7 14 21 28 5 1 Jan '23 Feb '23 Mar '23 Apr '23 May '23 Jun '23 Jul '23 Aug '23 Sep '23 Oct '23 Nov '23 Dec '23 Jan '24 Feb '24 Mar '24 Apr '24 May '24 Task Milestone Summary City Task
City of Sunnyvale
Replacement/Repair/Rehabilitation of Sanitary Sewer System Project Nunber UY-21-01 Project Schedule
Date: Tue 12/27/22
Second Bid Package (optional)
Attachment 1
Total
Project Manager
Principal Traffic Engineer
Senior Traffic Engineer
Lead Engineer
Lead Engineer
Project Engineer
Associate Engineer
Principal Surveyor
Principal Surveyor
Associate Project Surveyor
Party Chief
Chainperson
Prinicipal Construction Manage
CADD Manager
Senior CADD Technician
Geotechnical Environmental Land / Easement
Acquisition Potholing
Nick Boswell Martha Dadala Andy Chan Nick Panofsky Tyler Hunt Jordyn Doyle Andrew Pedroni Fred Tice Shane Shobeski Richard Sleeman Hector Perez Jake Yost Willy Nowotny Chris Askins Oscar Hernandez CE&G (1) Redtail HJ&A (2) EXARO (3) $220 $280 $220 $245 $245 $200 $180 $260 $260 $160 $170 $150 $305 $195 $155 LS Based on (Fee/Hr)
LS Based on
(Fee/Hr)
LS Based on
(Fee/Hr)
LS Based on
(Fee/Hr)
A Task A: Project Management
A.1 Project Management 40 40 8,800$ -$ -$ -$ 8,800 A.2 Coordination and Communication with City 40 40 8,800$ -$ -$ -$ 8,800 A.3 Quality Assurance/Quality Control (QA/QC) 30 30 7,350$ -$ -$ -$ 7,350 A.4 Project Meetings and Site Visits (Five meetings) 20 14 20 54 11,830$ -$ -$ -$ 11,830 A.5 Project Schedule 8 8 16 3,200$ -$ -$ -$ 3,200 A.6 Project Management Software 16 4 20 4,240$ -$ -$ -$ 4,240 Task A Subtotal 124 0 0 14 30 20 12 0 0 0 0 0 0 0 0 200 44,220 0 0 0 0 -$ -$ - $ 44,220 B Task B: Preliminary Design
B.1 Site Survey 8 8 12 4 12 8 50 50 16 168 30,680$ $3,000 -$ -$ 33,680 B.4 Environmental Compliance and Permitting 16 4 30 50 10,500$ $13,084 $0 13,084$ 654$ 24,238 B.5 Utility Coordination 84 40 52 10,740$ $0 -$ -$ 10,740 B.6 Technical Memorandum 83 2 40 60 140 28,400$ $0 -$ -$ 28,4 00 Ta
sk B Subtotal 40 0 0 48 0 122 60 4 12 8 50 50 0 16 0 410 80,320 0 13,084 0 0 3,000$ 13,084$ 654$ 97,058 C Task C: Design Development
C.1 30% Submittal 87 0 120 44 0 242 49,890$ $250 -$ -$ 50,140 C.2 75% Submittal 87 0 100 44 0 222 45,890$ $250 -$ -$ 46,140 C.3 Constructibility Review 24 4 12 22 5,880$ $0 -$ -$ 5,880 C.4 100% Submittal 84 0 80 42 0 152 31,440$ $250 -$ -$ 31,690 C.5 Traffic Control Plans & City of Cupertino Encroachment Permits 8 8 24 16 60 116 22,500$ $0 -$ -$ 22,500 Task C Subtotal 34 8 24 200 0 304 0 0 0 0 0 0 12 12 160 754 155,600 0 0 0 0 750$ -$ -$ 156,350 D Task D: Bid Package
D.1 Final Bid Documents 81 6 32 24 80 16,400$ 250 -$ -$ 16,650 Task D Subtotal 8 0 0 16 0 32 24 0 0 0 0 0 0 0 0 80 16,400 0 0 0 0 250$ -$ - $ 16,650 E Task E: Bidding Services
E.1 Pre-Bid Meeting 4 4 8 1,680$ 0- $ -$ 1,680 E.2 Bid Phase RFI Review and Response (four RFIs) 48 16 28 6,040$ 0- $ -$ 6,040 E.3 Conformed Contract Documents 42 8 4 18 3,590$ 250 -$ -$ 3,840 Tas
k E Subtotal 12 0 0 10 0 28 0 0 0 0 0 0 0 0 4 54 11,310 0 0 0 0 250$ -$ - $ 11,560 F Task F: Construction Support Services
F.1 Meetings (five meetings) 10 4 10 24 5,180$ 0- $ -$ 5,180 F.2 Construction RFIs and Substitution Review (four RFIs and two Substutions) 88 8 24 5,320$ 0- $ -$ 5,320 F.3 Submittal Review (twenty submittals and ten resubmittals) 81 6 40 64 13,680$ 0- $ -$ 13 ,680 F.4 Review Requests for Quotations and Contract Change Orders (two RFQs and CCOs) 48 4 16 3,640 $ 0- $ -$ 3,640 F.5 Final Inspection 28 8 18 4,000$ 0- $ -$ 4,000 F.6 Record Drawings 88 32 48 10,120$ 0- $ -$ 10,120 Task F Subtotal 40 0 0 52 0 102 0 0 0 0 0 0 0 0 0 194 41,940 0 0 0 0 -$ -$ - $ 41,940 Proposal Subtotal 56,760$ 2,240 $ 5,280$ 83,300$ 7,350$ 121,600$ 17,280$ 1,040 $ 3,120$ 1,280 $ 8,500 $ 7,500 $ 3,660 $ 5,460 $ 25,420$ 1,692 349,790$ -$ 13,084$ -$ - $ 4,250$ 13,084$ 654 $ 367,778$ Optional Services
1 (B.3) Geotechnical Investigation 2 2 8 12 2,530$ 84,000 84,000$ 4,200$ 90,730 2 (B.2) Location 17 - Obtain Preliminary Title Reports 2 4 6 1,480$ 15,000 -$ -$ 16,480 3 (B.2) Location 17 - Provide Resident Notification and Outreach and Assist Cit
y w/ Plats and Legals 24 8 2 16 8 12 12 16 98 20,160$ $45,500 45,500$ 2,275$ 67,935 4 (D.1.1) Preperation of 2nd Bid Package Including Bid and Construction Support 50 60 70 180 39,700 $ -$ -$ 39,700 5 (B.3.1) Potholing - Maximum 17 Potholes 2 2 2 6 1,330$ $33,667 33,667$ 1,683$ 36,680 Total Optional Services $17,600 $0 $0 $17,640 $0 $16,000 $0 $1,560 $4,160 $1,280 $2,040 $1,800 $0 $3,120 $0 302 65,200$ $84,000 $0 $45,500 $33,667 $15,000 163,167$ 8,158$ 251,525 Total Including Optional Services 74,360$ 2,240 $ 5,280$ 100,940$ 7,350 $ 137,600$ 17,280$ 2,600 $ 7,280$ 2,560 $ 10,540 $ 9,300 $ 3,660 $ 8,580 $ 25,420$ 1,994 414,990$ 84,000$ 13,084$ 45,500$ 33,667$ 19,250 $ 176,251$ 8,813 $ 619,304$ Notes:
( 1) Desktip Study=$11,500. Drilling 1 Day=$34,800. Drilling 2 Days=$53,100. Drilling 3 Days=$72,500.
( 2) Property Owner Outreach=$20,500. Valuation and Acquisition Services=$22,500. Other Direct Costs = $2,500. Total = $45,500. ( 3)
Optionas Services. Potholing, Max 17 Potholes. EXARO Technologies Corporation. Including ROW Permits as Required from the City of Sunnyvale and City of Cupertino.
City of Sunnyvale
Cost Proposal: Replacement, Repair, and
Rehabilitation of the Sanitary Sewer System Project
Number UY-21-01
MNS Engineers
Subtotal
Subs
Subs
Mark Up
5%
Other Direct
Costs Total Fee
SubconsultantsTasks Labor
Total Labor
CostsTotal HoursTask DescriptionTask ID
12/27/2022 1/1
Attachment 1
Request for Proposals No. F23-037
Exhibit C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Consultant, their agents, representatives, or employees.
Minimum Scope and Limits of Insurance. Consultant shall maintain limits not less than:
1. Commercial General Liability: coverage written on an occurrence basis with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage. ISO Occurrence Form shall be at least as broad as CG 0001.
2. Automobile Liability: coverage with a combined single limit of not less than $1,000,000 per occurrence applying to all owned, non-owned, or hired vehicles used in conjunction with this contract for bodily injury and property damage. ISO Form shall be at least as broad as CA 0001.
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:
☒ Professional Liability / Errors and Omissions Liability coverage with limits not less than $2,000,000 per occurrence or claim.
☒ Valuable Papers and Electronic Data Processing with limits not less than $10,000 each
☐ Pollution Liability coverage with limits not less than $2,000,000 per occurrence. ☐ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials
and pollutants.
☐ Builder’s Risk / Course of Construction coverage written on an “all risk” basis with limits equal to the completed value of the project and no coinsurance penalty provisions.
☐ Installation Floater coverage written on an “all risk” basis with limits equal to the completed
value of the project and no coinsurance penalty provisions.
Attachment 1
Request for Proposals No. F23-037
Deductibles, Self-Insured Retentions and Other Coverages:
Any deductibles or self-insured retentions must be declared and approved by the City of Sunnyvale, Risk Manager. The Consultant shall guarantee payment of any losses and related investigations, claim administration and defense expenses within the deductible or self- insured retention.
The aforementioned insurance requirements can be met through any combination of self- insured, primary and excess/umbrella policies that fulfill the stipulated coverage as cited above.
Other Insurance Provisions:
1. During the term of the contract, the City of Sunnyvale, its officers, officials, employees, agents, and volunteers are to be covered as an additional insured in the Consultant’s commercial general liability policy (and if applicable valuable papers and electronic data processing policies) 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. The coverage shall contain no special limitations on the scope of protection afforded to the City of Sunnyvale, its officers, officials, employees, agents, or volunteers.
2. During the term of the contract, the Consultant’s Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Sunnyvale.
3. For all Architects, Engineers and Design Professionals – If Industry Specific Coverage box is check above and if the Consultant’s Professional Liability/Errors and Omissions coverage is written on a claims made basis:
a. The Retroactive Date must be shown and must 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 must purchase “extended reporting” coverage for a minimum of three (3) years after completion of contract work
4. 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 and shall be at least as broad as ISO CG 20 01 04 13.
5. 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.
6. 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.
7. 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 Attachment 1
Request for Proposals No. F23-037
limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Sunnyvale.
8. Any umbrella or excess Insurance Liability policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet al l of the insurance requirements stated in this document, including the additional insured, SIR, and primary and non -contributory insurance requirements for the benefit of City (if agreed to in a written contract or agreement) until all coverage carried by or available to the Contractor’s primary and excess liability policies are exhausted and before the City’s own Insurance or self-insurance shall be called upon to contribute to a loss.
9. 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.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, and who are admitted and authorized to do business and in good standing in California unless otherwise acceptable to the City of Sunnyvale’s Risk Manager.
Verification of Coverage:
Consultant shall furnish the City of Sunnyvale with an original 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, Risk Manager prior to commencement of work.
The Consultant shall provide certificate(s) evidencing renewals of all insurance required herein prior to the expiration date of any such insurance. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
For all insurance policy renewals during the term of this Contract, Consultant shall submit insurance certificates reflecting the policy renewals through PINS.
Subcontractors
Consultant shall require all subcontractors to procure and maintain insurance policies subject to these requirements. Failure of Consultant to verify existence of sub-contractor’s insurance shall not relieve Consultant from any claim arising from sub-contractors work on behalf of Consultant.
Attachment 1