CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF
SUNNYVALE AND CALLANDER ASSOCIATES INC. FOR DESIGN
AND CONSTRUCTION SUPPORT SERVICES FOR CORN PALACE
PARK DEVELOPMENT
THIS AGREEMENT, dated ______________________________, is by and between the CITY OF SUNNYVALE, a California chartered municipal corporation ("CITY"), and CALLANDER ASSOCIATES INC. ("CONSULTANT").
WHEREAS, CITY advertised a Request for Proposals (RFP) on October 4, 2022; and
WHEREAS, CITY accepted CONSULTANT’s proposal submitted on November 1, 2022; and
WHEREAS, CITY desires to secure professional services necessary for investigation, analysis, design, preparation of construction drawings a nd contract specifications, consultation, services during construction and other services for a project known as Corn Palace Park Development (PR-22-03); and
WHEREAS, CONSULTANT represents that it, and its sub -consultants, if any, possess the professiona l 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 Grant H uang 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 and 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 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 Attachment 1
services defined in Exhibit “A,” CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not in cur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has satisfactorily completed the Scope of Work (Exhibit “A”), and if so requested, CITY shall make this determination within fourteen (14) days of such request.
3. Project Schedule
The Project Schedule is set forth in the attached Exhibit “A-1.”
4. 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 Four Hundred Seventy Nine Thousand Four Hundred Eighty Two and 00/100 Dollars (
$479.482.00) for the duration of the contract, unless upon written modification of
this Agreement. 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 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 reference the project title. The final invoice must contain the final cost and all credits due CITY. The final invoice should be submitted within 60 calendar days after completion of CONSULTANT’s work.
5. No Assignment of Agreement
CONSULTANT bind themselves, their partners, successors, assigns, executors, and administrators to all covenants of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for 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.
Attachment 1
Any such assignment shall not relieve CONSULTANT from any liability under the terms of this Agreement.
6. Consultant is an Independent Contractor
CONSULTANT is not an agent or emp loyee 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 coverage for its employees.
7. Consultant's Services to be Approved by a Registered Professional
All reports, costs estimates, plans and other documents which may be submitted or furnished by CONSULTANT shall be approved and signed by a qualified registered professional in the State of California. The title sheet for calculations, specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the professional responsible for their preparation.
8. Standard of Workmanship
CONSULTANT represents and maintains that it is skilled in the profession al 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 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, c hecked 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 pro fessional quality, technical accuracy and the coordination of the services furnished by it under this Agreement.
Neither CITY’s review, acceptance nor payment for any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’s negligent perfo rmance of any 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, abso lve 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.
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 lo nger 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 writte n 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 confidentia l.
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 t o 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 Attachment 1
work associated with Project. However, CONSULTANT sh all 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 to the extent arising out of any negligence , recklessness or willful misconduct of CON SULTANT, its officers, employees, agents, contractor, subcontractors or any officer, agent or employee thereof in relation to CONSULTANT’s performance under this Agreement. In no event shall the cost to defend charged to the design professional exceed the design professional 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 incorp orated 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.
Attachment 1
Notices delivered personally shall b e deemed communicated as of actual receipt; mailed 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: Callander Associates
Dave Rubin
2025 Gateway Place, Suite 285
San Jose, CA 95110 Address
18. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the condi tions 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 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 Attachment 1
parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara and waive all venue objections.
23. Records, Reports and Documentation
CONSULTANT shall maintain complete and accurate records of its operation, including any and all additional records required by CITY in writing. CONSULTANT shall submit to CITY any and all reports concerning its performance under this Agreement that may be requested by CITY in writing. CONSULTANT agrees to assist CITY in meeting CITY's reporting requirements to the state and other agencies with respect to CONSULTANT's work hereunder. All records, reports and documentation relating to the work performed under this Agreement shall be made available to City during the term of this Agreement.
24. Termination of Agreement
A. If CONSULTANT defaults in the performance of this Agreement, or materially breaches any of its provisions, CITY at its option may terminate this Agreement by giving written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be compensated in proportion to the percentage of satisfactory services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.
B. Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY also shall have the right to terminate this Agreement for any reason upon ten (10) days' written notice to CONSULTANT. In the event of such termination, CONSULTANT sha ll 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, religious creed, color, national origin, ancestry, physical Attachment 1
disability, mental disability, medical condition, genetic information, marital st atus, sex, 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 modification 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 construed 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
CALLANDER ASSOCIATES
("CONSULTANT")
APPROVED AS TO FORM: By
Name/Title
___________________________ By
City Attorney
Name/Title
Attachment 1
Exhibit A
Scope of Work
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, bidding support, and construction support services, as further detailed below.
CEQA for this project is covered under the Final Environmental Impact Report for the City of Sunnyvale Corn Palace Residential Development Project dated March 1, 2019 (attached).
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 a monthly progress 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 both design and construction with the required 10% construction contract contingency and 1% for public art is $4.9M. Consultant shall design a project that can be constructed within this amount and is expected to communicate often and early with respect to the schedule and budget during the design process.
The consultant shall submit the plans at the 75% submittal stage to the Building Division, per the instructions in Attachment 5: Bldg. Dept Electronic Plan Check Submittal.
Consultant will also be responsible for making appointments (as necessary) and delivering all subsequent submittals to the Building Division.
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. Community Outreach and Preliminary Design
Community Outreach during the design process through public input meetings and surveys will help determine what amenities will be included in the park.
1. Kick-Off Meeting: Meet with City staff to discuss project scope, schedule and budget. Identify project goals, opportunities, and challenges. Prepare a meeting Attachment 1
agenda prior to the meeting and distribute a meeting summary to attendees following the meeting.
2. Document Review: Obtain and review all available documents from the City including record drawings, utility mapping, GIS data, base files, City standard details and ordinances, and other information deemed critical to the design.
3. Topographic Survey: Conduct a topographic survey to include existing features and utility locations required to design the project.
4. Site Investigation: Conduct a site investigation and observe and photo document existing conditions.
5. Geotechnical Report: Develop a geotechnical report based on a site investigation along with geotechnical observations and testing performed during construction of the adjacent residential development. Perform in-situ percolation tests at two (2) locations within the project site to ascertain subsurface soil conditions.
6. Soils Report: Collect four (4) discrete soil samples to determine the presence of metals and noxious chemicals. Prepare a soils report summarizing findings for use to determine soil disposal requirements.
7. Outreach Plan and Schedule: Based on discussions at the staff meeting, prepare an outreach plan memo that documents decisions, dates, locations, roles and responsibilities to guide the planning and notification of public meetings. Strategies to be considered include but are not limited to: mailers, electronic notifications, posters and social media. For meetings required to be held virtually, discuss how to meet the needs of community members with limited access to internet. Prepare a project schedule for the City’s review.
8. Meeting Noticing: Prepare meeting notification mailer in digital format for both community meetings to identify date, location, time and include a general description of the meeting agenda. Prepare draft mailer in postcard format for City review and make final version incorporating City comments. Mailers to be suitable for other methods of distribution including email blasts, e-newsletters and the City’s project website. It is assumed the City will print and mail meeting notices.
9. Online Surveys: Prepare online surveys in advance of both community meetings to reach more members of the community. Surveys for the first community meeting will solicit input related to types of park amenities preferred by the community to be included in the conceptual designs. Surveys for the second meeting will solicit community input on the three conceptual design alternatives developed using the input received from community meeting #1. Survey data will be collected, tabulated and summarized for presentation to the community, commission and City Council.
10. Prepare Meeting #1 Materials: Prepare presentation graphics to include the project background, process, existing conditions, schedule, various potential park features and next steps. Compile meeting materials in a draft presentation to be reviewed by City staff.
Attachment 1
11. City Review Meeting: Meet with City staff to review community meeting materials.
Confirm community meeting specifics including presentation materials, polling techniques, and roles of each presenter. Make minor revisions to the materials based on City input and prepare a final presentation to be presented at the community meeting.
12. Community Meeting No. 1A: The Consultant shall host an in-person meeting with the community and other key stakeholders. The objective of the meeting is to gather input regarding desired design elements for the project as well as concerns about potential project impacts. This is also an opportunity to outline a tentative project schedule and to share information about future opportunities to participate in the design process. Information gathered at this meeting will be used to prepare the conceptual design.
The Consultant shall be responsible for hosting and facilitating the in-person meeting including preparation of all necessary materials such as notification postcards, an agenda and any other materials or exhibits necessary to conduct the meeting including inspiration images that show examples of possible park elements. The Consultant shall also prepare questions for an on-line survey.
All documentation of the meeting and survey including keeping accurate meeting attendance, taking notes and preparing meeting minutes and a survey summary for review and approval by the City shall also be the responsibility of the Architect.
13. Community Meeting No. 1B: Present the project to the community using a virtual meeting in order to maximize outreach to the community and to accommodate for community members with schedule conflicts and limited availability. Present materials from Community Meeting #1A with the addition of utilizing Poll Everywhere to engage attendees with live audience interaction in order to capture public input. Document public input in a meeting summary.
The Architect will use the input gathered from the survey and at the community meetings 1A and 1B to create three conceptual designs that will be presented to stakeholders at the second neighborhood meeting.
14. City Review Meeting: Meet with City staff to debrief meeting outcome, review public input results, and obtain direction on proceeding with conceptual designs.
15. Conceptual Designs: Based on the input received from the community and City staff, prepare three (3) conceptual designs for the park at 1”=20’ scale. Concepts to be labeled and color rendered. In addition to plan view concepts, prepare three (3) perspective renderings that represent each concept from a viewpoint within the project site to assist the community with visualizing proposed improvements. Provide inspiration imagery for each concept. Prepare preliminary estimate of construction costs for each of the three concepts including contingencies and soft costs.
16. City Review Meeting: Present conceptual designs and estimates to City staff and identify revisions in preparation for community meeting #2. Review other various meeting materials prepared for the on-site workshop meeting. Make minor revisions to the materials based on City input and prepare final boards to be presented at the community meeting.
Attachment 1
17. Community Meeting No. 2: The goal of the second community meeting and on- line survey is to present three conceptual design plans and select a preferred alternative, or combination of alternatives, based on feedback gathered at the meeting.
Community meeting No. 2 will be either an interactive workshop held at the project site or a virtual meeting. Input will be gathered on the three conceptual designs using polling activities and solicit additional input and desired park features voiced by participants.
Workshop stations may include a welcome station, project background station, conceptual design presentation and ranking station, drinks and snacks station, along with various games and activities.
Consultant responsibilities for the second meeting shall include preparation of material for outreach and notification to neighborhood and other key stakeholders; preparation of all necessary meeting materials and exhibits; presentation of the three conceptual designs; facilitation of selection of a preferred alternative or combination of alternatives as well as documentation of input and preparation of a meeting summary. Consultant shall also prepare a second on-line survey and prepare a summary of the survey input received.
18. City Review Meeting: Meet with City staff to debrief meeting outcome, review public input results, and obtain direction on proceeding with a preferred conceptual design.
19. Preferred Conceptual Design: Prepare a preferred concept design based on community and city staff input. Prepare updated supplemental images and cost estimate accordingly. Include the WiFi technical memorandum for City review (see task C.).
20. Parks and Recreation Commission Meeting: Consultant will prepare a PowerPoint presentation of the preferred conceptual design for City staff to present to the Parks and Recreation Commission at a regularly scheduled meeting. This includes, but is not limited to, preparing any necessary exhibits and providing a summary of the public outreach and design process. Consultant shall be available to answer questions from the Commission so they can recommend that City Council approve the conceptual design.
21. City Council Meeting: The consultant shall update the preferred conceptual design for the City Council as recommended by the Parks and Recreation Commission.
This includes incorporating any appropriate changes requested prior to the meeting and updating exhibits, estimates, the schedule, and the presentation as necessary to explain the design and the public involvement process. The presentation will be given by City staff, and the Consultant should be prepared to help answer questions to enable the City Council to approve the conceptual design.
C. Wi-Fi System – Technical Memorandum
The City is considering installing blanket Wi-Fi coverage throughout the park. As part of Preliminary Design in base services, the consultant will prepare a technical memorandum presenting a preliminary Wi-Fi coverage heat map including the number of wireless access points needed as well as the estimated construction costs, the one-time and ongoing service fees, and any other expected related costs. This should include costs related to housing the required infrastructure such as network closet, power, Attachment 1
switch, etc. The findings, recommendations, and cost estimate shall be included in the technical memorandum for the City’s consideration.
D. Optional Service – Blanket Wi-Fi System Design
An optional service to continue the design and incorporate a Wi-Fi system in the bid documents shall be included in the proposal. The City will decide whether to proceed or not with the Wi-Fi system after reviewing the technical memorandum.
E. Design Development
Consultant 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.
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, Building Division and other stakeholders will also be consultant responsibility. A Storm Water Management Plan (SWMP) is required for the project and shall be prepared by the Consultant, including hiring and paying a certified third-party reviewer from the SCVURPPP list of prequalified consultants as required for the building permit.
All submittals shall be submitted in digital format. Consultant shall include an optional service for submitting a 24” x 36” hardcopy of the plan sets, if requested.
1. 30% Submittal:
a. 30% plans: Cover sheet and plan sheet with base mapping and preliminary details.
b. Cut sheets for equipment/appurtenances.
c. Documentation of outreach with franchise utility companies for facilities needed to be relocated or adjusted to grade because of the proposed construction activities.
d. Project schedule update.
Attachment 1
e. 30% construction cost estimate.
f. Brief memorandum of determination if the project’s construction activities are within the NPDES Construction General Permit. Include project type and risk level.
g. Table of Contents list for technical specifications.
2. City Review Meeting: Review 30% submittal with City staff and identify revisions to be made.
3. 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
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. Responses to the City’s review comments on the 30% submittal, along with return of mark-ups.
g. Other supporting documentation as necessary. SWPPP, NOI, documentation of starting permits necessary for the contractor, calculations or reports for Building, SWMP, list of information available to Bidders, etc. h. Any exhibits or other materials needed to identify possible locations for public art will be included in this submittal and updated as needed.
4. City Review Meeting: Review 75% submittal with City staff and identify revisions to be made.
5. 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 Attachment 1
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, including Storm Water Management Plan Third Party Certification.
6. City Review Meeting: Rev iew 100% submittal with City staff and identify revisions to be made.
F. Bid Package
The bid package shall be finalized upon incorporation of the City’s final comments from the 100% submittal, including incorporation of all Building Division comments.
Submit 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. Technical specifications, with cover sheet stamped and signed by all necessary disciplines.
3. Final project schedule update.
4. Final construction cost estimate.
G. Bidding Services
Consultant 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.
H. 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.
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 Attachment 1
team to be aware of (special working hours, shortened timelines for submittal reviews, etc.).
2. Attend the pre-construction meeting.
3. Attend up to 10 periodic construction progress meetings.
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. For projects with a building permit, the consultant shall stamp and sign any revisions to the contract plans resulting from responses to RFIs and/or executed change orders. Consultant shall ensure that all changes comply with the applicable codes. Coordination with the Building Department may be necessary.
7. Review and respond to all submittals within the period allocated in the contract documents and as necessary to avoid construction delays and claims.
8. Review proposed substitutions, if any, for conformance to plans and technical specifications.
9. Review and make recommendations on proposed changes to the contract (Request for Quotations and Contract Change Orders).
10. Prepare Record Drawings based upon red-lines provided by the contractor and field reviews. The Record Drawings shall be prepared digitally, using AutoCAD.
Final Record Drawings shall be submitted electronically, in PDF and CAD format.
11. Participate in the “Lessons Learned Meeting” with all parties at the end of the project.
IV. Available Documents
The list below is available for information only.
• Record drawings. The City does not guarantee the accuracy or completeness of record drawings. Consultant shall verify all information to their professional satisfaction.
o SD 19-04 OFF-SITE PUBLIC IMPROVEMENT PLANs TRACT 10507 –
CORN PALACE
• 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 • Benchmarks for vertical control are listed on the City’s website:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1590/6378208518864 30000
• City standard specifications and details are available on the City’s website:
Details:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/2920/6378227417945 30000
Specifications:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1606/6378208519126 70000
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
V. 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.
VI. Attachments
1. Labor Compliance
2. Cost Proposal Template
3. Project Location
4. CEQA document: Corn Palace Environmental Impact Report (Standalone Document)
5. Electronic Plan Check Submittal
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 pass ed 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 sti pulated 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 w ork 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 employees of contractors in excess of eight hour s 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 eigh t 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 ag ents, 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 t han 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 overtime work in the city, for each craft, cl assification 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 minimu m 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 pre vailing 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 is 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 c ontractor 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 ($20 0.00) 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 work er 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 comp ensation 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 c ontractor’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, an d 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 wh ose 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 office 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 Enforceme nt, or the Division of Apprenticeship Standards of the State of California Division of Industrial Relations.
Each contractor and every lower -tier s ubcontractor 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 s ubcontractors submit certified payrolls and labor compliance documentation electronically via LCPtracker. Electronic submission will be a web -based system, accessed on the World W ide Web by a web browser. Each c ontractor 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 d irected 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 requiremen ts lies with the c ontractor. 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 fol lowing, 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 1
BUILDING DIVISION REQUIREMENTS
• All building permit applications requiring plan check must be sent to the followi ng email :
[email protected]
• When sending resubmittals, addendums and deferred submittals, note the project address and permit number in the subject field of the email.
INSTRUCTIONS FOR SUBMITTING:
New Building Permits
– All new building permit submittals must include the following documents in .pdf format.
• Permit Applicati
on – Must be complete with all fields filled in. Applications are available online at https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?BlobID=23617 • Questionnaire for Non-Residential projects – Complete the questionnaire at the end of this handout and include it with your submittal documents.
• Plans – Saved to a single file as one complete set, digitally stamped and signed by a design professional, if applicable.
• Structural Calculations – Digitally stamped and signed by a design professional, if applicable, and saved in a separate file.
• Other Supporting Documents (energy calculations, special inspection forms, etc.) – Saved in a separate file.
• Green Halo Registration – Newly constructed buildings and demolition projects, commercial and residential additions and alterations to non-residential projects must register with Green Halo (GH) to track construction & demolition waste and recycling. Visit Sunnyvale.wastetracking.com to register. A screenshot of your in-progress GH registration, showing the project address and GH tracking number, must be included in your submittal package, if applicable.
Resubmittals –
• Submit a complet
e, revised set of plans, calculations and supporting documents with changes clouded. If there have been no changes to the plans and documents, you must still send the latest complete set. It is important that a complete plan set package is submitted at each round of plan check.
• Include a formal response letter addressing all city comments.
Addendums –
• Submit revised s
heets only with changes clouded and corresponding revision delta symbols.
Sheets shall be digitally stamped and signed by the design professional, if applicable. • Submit an itemized list of all revisions and addendums organized by page number • Include revised structural calculations, if applicable, with changes clouded and digitally stamped and signed by the Design Engineer.
• A separate file should be included containing a copy of the approved full set of plans for Attachment 4
Attachment 1
reference.
Deferred S
ubmittals –
• Each plan she
et must be digitally stamped and signed with the Design Engineer’s professional stamp and digitally stamped and signed with the EOR review stamp. No typed names or initials will be accepted.
• The first page of the calculations must be digitally stamped and signed with the design Engineer’s professional stamp and digitally stamped and signed with the EOR review stamp.
No typed names or initials will be accepted.
• Include a copy of the approved plan sheet that lists the city-approved deferred items.
Additional
Instructions –
• The city ca
n accept a total attachment size of 150 megabytes; however, this number may be limited by your email provider.
• Larger files can be sent through a link to cloud storage. The link cannot require special permissions or login credentials.
• Plan sets must be submitted as one file. Larger plan sets can be organized into separate folders by discipline (Architectural, Mechanical, Electrical, Plumbing, etc). • Structural Calculations, response letters and other supporting documents must be organized into separate folders and not included in the plan set file. • Files should be named so it is clear what they contain, with no internal company file names or file numbers.
Questionnaire for Non-Residential Projects -
1. Is this pr
oject associated with an already-approved planning permit?
2. Does the proj
ect involve a change of use (ex. previous tenant was an office, new tenant is a restaurant)?
3. Are exteri
or changes to the building or site proposed (ex. new roof-mounted equipment or trees for removal modifications to the parking lot, new windows or doors)?
4. Is the proj
ect proposing any kitchen/café improvements? (This is for Public Works to determine any sewer/water connection fees and updates to the trash management plan.)
5. Is the proj
ect going in a new shell building or space that has never been occupied OR an existing building where landlord/market-ready shell improvement is in progress? If yes, provide the building permit number for the shell work. PLEASE NOTE A BUILDING PERMIT
WILL NOT BE RELEASED UNTIL THE SHELL WORK IS COMPLETE OR
SUBSTANTIALLY COMPLETE
Request for Proposals No. F23-036
Attachment 1
ID Task Name Duration Start Finish Predecessors
1 Contracting 0 days Wed 02/01/23 Wed 02/01/23
2 3 A. Project Management 300 days Wed 02/01/23 Tue 03/26/24 1 4 5 B. Prelim Design and Community Outreach 129 days Wed 02/01/23 Tue 08/01/23 6 B-1. Kick-Off Meeting 0 days Wed 02/01/23 Wed 02/01/23 1 7 B-2. Document Review 8 days Wed 02/01/23 Fri 02/10/23 6 8 B-3. Topographic Survey 20 days Wed 02/01/23 Tue 02/28/23 6 9 B-4. Site Investigation 10 days Wed 02/01/23 Tue 02/14/23 6 10 B-5. Geotechnical Report 20 days Wed 02/01/23 Tue 02/28/23 6 11 B-6. Soils Testing 30 days Wed 02/01/23 Tue 03/14/23 6 12 B-7. Outreach Plan and Schedule 10 days Wed 02/01/23 Tue 02/14/23 6 13 B-8. Brand Logo Development 10 days Wed 02/15/23 Tue 02/28/23 12 14 B-9. Meeting Noticing 5 days Wed 03/01/23 Tue 03/07/23 13 15 B-10. Online Surveys 5 days Wed 03/01/23 Tue 03/07/23 12FS+10 days 16 B-11. Prepare Meeting #1 Materials 12 days Wed 03/01/23 Thu 03/16/23 12,13 17 B-12. City Review Meeting 0 days Thu 03/23/23 Thu 03/23/23 16FS+5 days 18 B-13. Community Meeting #1A 0 days Thu 04/06/23 Thu 04/06/23 17FS+10 days 19 B-14. Community Meeting #1B 0 days Tue 04/11/23 Tue 04/11/23 18FS+3 days 20 B-15. City Review Meeting 5 days Wed 04/12/23 Tue 04/18/23 19 21 B-16. Conceptual Designs 20 days Wed 04/19/23 Tue 05/16/23 20 22 B-17. City Review Meeting 0 days Tue 05/23/23 Tue 05/23/23 21FS+5 days 23 B-18. Community Meeting #2 0 days Sat 06/03/23 Sat 06/03/23 22FS+5 days 24 B-19. City Review Meeting 0 days Fri 06/09/23 Fri 06/09/23 23FS+5 days 25 B-20. Preferred Conceptual Design 10 days Mon 06/12/23 Fri 06/23/23 24 26 B-21. Parks & Recreation Commission (2nd W) 0 days Wed 07/12/23 Wed 07/12/23 25 27 B-22. City Council Presentation (1st/4th Tu) 0 days Tue 08/01/23 Tue 08/01/23 26 28 29 C Wi-Fi System - Technical Memorandum 10 days Tue 08/29/23 Mon 09/11/23 30 C-1. Wi-Fi System Memo 10 days Tue 08/29/23 Mon 09/11/23 36FF 31 32 D. Optional Service - Blanket Wi-Fi System
Design
105 days Tue 09/26/23 Mon 02/19/24
33 D-1. Wi-Fi System Design 105 days Tue 09/26/23 Mon 02/19/24 37 34 35 E Design Development 140 days Tue 08/01/23 Mon 02/12/24 36 E-1. 30% Submittal 30 days Tue 08/01/23 Mon 09/11/23 27 37 E-2. City Review Meeting 0 days Mon 09/25/23 Mon 09/25/23 36FS+10 days 38 E-3. 75% Submittal 35 days Tue 09/26/23 Mon 11/13/23 37 39 E-4. City Review Meeting 0 days Mon 12/11/23 Mon 12/11/23 38FS+20 days 40 E-5. 100% Submittal 35 days Tue 12/12/23 Mon 01/29/24 39 41 E-6. City Review Meeting 0 days Mon 02/12/24 Mon 02/12/24 40FS+10 days 42 43 F. Bid Package 25 days Tue 02/13/24 Mon 03/18/24
44 F-1. Bid Submittal 25 days Tue 02/13/24 Mon 03/18/24 41 45 46 E. Bidding Services 50 days Tue 03/19/24 Mon 05/27/24 44 47 48 F. Construction Support Services 150 days Tue 05/28/24 Mon 12/23/24 46 02/01
02/01
03/23
04/06
04/11
05/23
06/03
06/09
07/12
09/25
12/11
02/12
Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4
2023 2024
Task Milestone Summary
Project Schedule
November 1, 2022
CORN PALACE DEVELOPMENT
No. F23-036
Sunnyvale, CA
Project: PJ516
Date: Thu 10/27/22
PROJECT SCHEDULE
7 CITY OF SUNNYVALE Professional Design Services NO. F23-036 We know a major project driver is getting the project done by the end of 2024. No small feat! The schedule shown below is aggressive but achievable. Based on our experience
with other recent park projects, we're finding that restroom building lead times can be as much as 10-12 months. One option could include direct purchasing the restroom ahead of the bid phase to ensure it arrives on time and meets your schedule. Play equipment lead times are also lengthy at about 5-6 months. The schedule below shows a total duration of a little more than 7 months, which should accommodate the play equipment lead time. We are confident in our ability to complete services within the time frame shown, as well as make minor adjustments throughout as needed to address
unforeseen issues.
40 Exhibit A-1
Project Schedule
Attachment 1
Attachment "C" Cost Proposal RFP 23-036
Proposal for: Corn Palace Park Development
Callander Associates Landscape Architecture, Inc.
ODCs Total
Principal Project
Manager 2 Designer 1 Administr
ator
Construction
Manager Survey Geotech.. Structural Electrical Soils WIFI 3rd Party Title Name Name Name Name Name BKF CEG BCA ACE Protech SFMI S&W Conslt.
Name
$240 $171 $148 $123 $183 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
Fee/Hr or
LS
A Project Management 24 36 16 8 0 84 $15,268 $2,310 ------- $ 0 $17,578 B Community Outreach and Preliminary Desi gn 132 193 262 28 0 615 $106,903 $7,390 - - $1,090 $9,060 - - - $0 $124,443 B - 1 K i c k - o f f m e e t i n g 3 34 0 01 0 $ 1 , 8 2 5 -------- $ 0 $ 1 , 8 2 5 B - 2 D o c u m e n t R e v i e w 4 88 0 02 0 $ 3 , 5 1 2 -------- $ 0 $ 3 , 5 1 2 B-3 Topographic Survey 1 2 4 0 0 7 $1,174 -------- $ 0 $ 1 , 1 7 4 B - 4 S i t e I n v e s t i g a t i o n 4 64 0 01 4 $ 2 , 5 7 8 -------- $ 0 $ 2 , 5 7 8 B-5 Geotechnical Report 1 2 2 0 0 5 $878 -------- $ 0 $878 B-6 Soils Report 1 2 2 0 0 5 $878 -------- $ 0 $878
B-7 Outreach plan and schedule 8 16 8 0 0 32 $5,840 -------- $ 0 $ 5 , 8 4 0 B - 8 M e e t i n g n o t i c i n g 4 8 1 6 0 02 8 $ 4 , 6 9 6 -------- $ 0 $ 4 , 6 9 6 B - 9 O n l i n e s u r v e y s 8 1 8 3 0 0 05 6 $ 9 , 4 3 8 -------- $ 0 $ 9 , 4 3 8 B-10 Prepare Meeting #1 Materials 12 16 24 8 0 60 $10,152 -------- $ 0 $10,152 B - 1 1 C i t y R e v i e w M e e t i n g 2 23 0 0 7 $ 1 , 2 6 6 -------- $ 0 $ 1 , 2 6 6 B - 1 2 C o m m u n i t y M e e t i n g # 1 A 1 2 8 1 2 4 03 6 $ 6 , 5 1 6 -------- $ 0 $ 6 , 5 1 6 B - 1 3 C o m m u n i t y m e e t i n g # 1 B 8 48 0 02 0 $ 3 , 7 8 8 -------- $ 0 $ 3 , 7 8 8 B - 1 4 C i t y R e v i e w M e e t i n g 2 23 0 0 7 $ 1 , 2 6 6 -------- $ 0 $ 1 , 2 6 6 B-15 Conceptual Designs 24 36 64 8 0 132 $22,372 -------- $ 0 $22,372 B - 1 6 C i t y R e v i e w M e e t i n g 2 23 0 0 7 $ 1 , 2 6 6 -------- $ 0 $ 1 , 2 6 6 B-17 Community meeting #2 18 24 24 8 0 74 $12,960 -------- $ 0 $12,960 B - 1 8 C i t y R e v i e w M e e t i n g 2 23 0 0 7 $ 1 , 2 6 6 -------- $ 0 $ 1 , 2 6 6 B - 1 9 P r e f e r r e d C o n c e p t u a l D e s i g n 8 1 2 2 0 0 04 0 $ 6 , 9 3 2 -------- $ 0 $ 6 , 9 3 2 B - 2 0 P a r k s a n d r e c r e a t i o n c o m m i s s i o n m e e t i n g 4 1 2 2 0 0 03 6 $ 5 , 9 7 2 -------- $ 0 $ 5 , 9 7 2 B - 2 1 C i t y C o u n c i l M e e t i n g 4 80 0 01 2 $ 2 , 3 2 8 -------- $ 0 $ 2 , 3 2 8 C Wi-Fi System - Technical Memorandum 1 4 0 0 0 5 $924 ----- $ 7 , 7 0 7 -- $ 0 $ 8 , 6 3 1 D Optional Service - Blan ket Wi-Fi System Design
E Design Development 83 182 329 6 4 604 $101,204 --------- $101,204 E-1 30% Submittal 24 56 96 2 0 178 $29,790 $17,430 - - $6,550 ---- $ 0 $53,770 E - 2 C i t y R e v i e w M e e t i n g 1 23 0 0 6 $ 1 , 0 2 6 -------- $ 0 $ 1 , 0 2 6 E-3 75% Submittal 36 64 120 2 2 224 $37,956 $10,760 - $24,150 $7,220 - - $3,675 - $0 $83,761 E - 4 C i t y R e v i e w M e e t i n g 1 23 0 0 6 $ 1 , 0 2 6 -------- $ 0 $ 1 , 0 2 6 E-5 100% Submittal 20 56 104 2 2 184 $30,380 $8,300 $5,960 - $9,580 ---- $ 0 $54,220 E - 6 C i t y R e v i e w M e e t i n g 1 23 0 0 6 $ 1 , 0 2 6 -------- $ 0 $ 1 , 0 2 6 F Bid Package 12 32 60 4 0 108 $17,724 $1,960 $1,580 $5,630 $26,894 (see optional services below)
Other
Direct
Costs
Total Fee
SubconsultantsTasks Labor
Total Labor
Costs
Total
HoursTask Description (Change task titles as detailed in the scope of work)Task #
01/13/2023 1/2
Exhibit B
Compensation Schedule
Attachment 1
Attachment "C" Cost Proposal RFP 23-036
Proposal for: Corn Palace Park Development
Callander Associates Landscape Architecture, Inc.
ODCs Total
Principal Project
Manager 2 Designer 1 Administr
ator
Construction
Manager Survey Geotech.. Structural Electrical Soils WIFI 3rd Party Title Name Name Name Name Name BKF CEG BCA ACE Protech SFMI S&W Conslt.
Name
$240 $171 $148 $123 $183 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
Fee/Hr or
LS
Other
Direct
Costs
Total Fee
SubconsultantsTasks Labor
Total Labor
Costs
Total
HoursTask Description (Change task titles as detailed in the scope of work)Task #
G Bidding Services 8 18 12 0 18 56 $10,068 $610 $950 $1,050 $2,860 $15,538 H Construction Support Services 32 64 32 0 120 248 $45,320 $1,960 $2,625 $7,140 $57,045 Proposal Subtotal 292 529 711 46 142 1720 297,411 $ $50,720 $8,490 $27,825 $40,070 $9,060 $7,707 $3,675 $0 $12,086 $457,044 Optional Services
1 Hard Copies of Design Submittals - - - - - 0 $3,800 --------- $ 3 , 8 0 0 2 Blanket Wi-Fi System Design 1 4 - - - 5 $924 ----- $17,714 - - - $18,638 Total Optional Services 1 4 0 0 0 5 $4,724 $0 $0 $0 $0 $0 $17,714 $0 $0 $0 $22,438 Total Including Optional Services 293 533 711 46 142 1,725 $302,135 $50,720 $8,490 $27, 825 $40,070 $9,060 $25,421 $3,675 $0 $12,086 $479,482 Notes:
1 2
3 4
01/13/2023 2/2
Attachment 1
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 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:
☒ 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
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 Attachment 1
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 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 Attachment 1
meet all of the insurance requirements stated in this document, including the additional insured, SIR, and primary and non -contributory i nsurance 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