Sunnyvale City Council
January 9, 2024

1 DRAFT CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF

SUNNYVALE AND BKF ENGINEERS FOR DESIGN AND

CONSTRUCTION SUPPORT SERVICES

FOR EVELYN AVENUE MULTI-USE TRAIL PROJECT
THIS AGREEMENT, dated ______________________________, is by and between the CITY OF SUNNYVALE ("CITY"), a California chartered municipal corporation, and BKF ENGINEERS ("CONSULTANT"), a California corporation.

WHEREAS, CITY advertised a Request for Proposals (RFP) F23-173 on July 18, 2023 for Professional Services for Evelyn Avenue Multi-Use Trail Project; and WHEREAS, CONSULTANT submitted a proposal on August 15, 2023; and WHEREAS, CITY accepted CONSULTANT’s proposal submitted on August 15, 2023; 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 Evelyn Avenue Multi-Use Trail; and
WHEREAS, CONSULTANT represents that it, and its sub-consultants, if any, possess the professional qualifications and expertise to provide the required services and are licensed by the State of California to practice engineering in the required disciplines; NOW, THEREFORE, THE PARTIES ENTER INTO THIS AGREEMENT.

1. Services by CONSULTANT
CONSULTANT shall provide services in accordance with Exhibit "A" entitled “Detailed 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 Jaggi Bhandal, PE, LEED AP to this project, to act in the capacity of Project Manage r and personally direct the professional services to be provided by CONSULTANT.

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

2. Notice to Proceed/Completion of Services
A. CONSULTANT shall commence services upon receipt of a Notice to Proceed from CITY. Notice shall be deemed to have occurred three (3) calendar days after deposit in the regular course of the United States mail.

B. When CITY determines that CONSULTANT has satisfactorily completed the services defined in Exhibit “A,” CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion Attachment 1

2 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 Nineteen Thou sand Two Hundred Ninety Nine and No/100 Dollars ($419,299.00) for the duration of the contract, as well as optional services in an amount not to exceed Four Hundred Nineteen Thousand Ninety Nine and No/100 Dollars ($419,099.00) unless upon written modification of this Agreement in accordance with Section 30 below. In no event shall the total amount of compensation payable under this agreement exceed the sum of Eight Hundred Thirty One Thousand Three Hundred Ninety Eight and No/100 ($831,398.00). All invoices, including detailed backup, shall be sent to City of Sunnyvale, attention Accounts Payable, P.O. Box 3707, Sunnyvale, CA 94088 - 3707.

CONSULTANT will be reimbursed as promptly as fiscal procedures will permit upon receipt by the CITY of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT 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 wor k 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 Attachment 1

3 notice of any such assignment or transfer shall be first furnished to CITY. In case of the death of one or more members of CONSULTAN T's firm, the surviving member or members shall complete the services covered by this Agreement. Any such assignment shall not relieve CONSULTANT from any liability under the terms of this Agreement.

6. Consultant is an Independent Contractor

CONSULTANT is not an agent or employee of CITY but is an independent contractor with full rights to manage its employees subject to the requirements of the law.

All persons employed by CONSULTANT in connection with this Agreement will be employees of CONSULTANT and not employees of CITY in any respect. CONSULTANT is responsible for obtaining statutory Workers' Compensation coverage for its employees.

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

All reports, costs estimates, plan s and other documents which may be submitted or furnished by CONSULTANT shall be approved and signed by a qualified registered professional in the State of California. The title sheet for calculations, specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the professional responsible for their preparation.

8. Standard of Workmanship

CONSULTANT represents and maintains that it is skilled in the professional calling necessary to perform the services and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT's representations regarding its 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, calculatio ns reports and other documents furnished under the Scope of Work (Exhibit "A”) shall be of a quality acceptable to CITY. The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well -organized, technical ly and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar projects.

9. Responsibility of CONSULTANT

CONSULTANT s hall be responsible for the professional quality, technical accuracy and the coordination of the services furnished by it under this Agreement.

Neither CITY’s review, acceptance nor payment for any of the services required under this Agreement shall be co nstrued to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’s negligent performance of any of the Attachment 1

4 services furnished under this Agreement.

Any acceptance by CITY of plans, specifications, calculations, construction contract documents, reports, diagrams, maps and other material prepared by CONSULTANT shall not, in any respect, absolve CONSULTANT for the responsibility CONSULTANT has in accordance with customary standards of good engineering practice in compliance with applicable Federal, State, County and/or municipal laws, ordinances, regulations, rules and orders.

10. Right of CITY to Inspect Records of CONSULTANT

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

11. Confidentiality of Material

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

12. No Pledging of CITY’s Credit

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

13. Ownership of Material

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

Attachment 1

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

14. Hold Harmless/Indemnification

Pursuant to the full language of California Civil Code §2782, Consultant/Design Professional agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of City; and does not apply to any passive negligence of City unless caused at least in part by the Consultant. City agrees that in no event shall the cost to defend charged to the Consultant exceed that professional’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties. The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement.

Consultant’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement.

15. Insurance Requirements

The City requires that CONSULTANT maintain insurance requirements on the Pacific Insurance Network System (PINS). CONSULTANT shall procure and maintain, at its own expense, during the life of this Agreement, policies of insurance as specified in Exhibit "C" attached and incorporated herein by reference and shall provide all certificates and 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, to accomplish timely communication. Each party may change the address by written notice in accordance with this paragraph. Notices Attachment 1

6 delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of three business days after mailing.

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

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

To CONSULTANT: BKF Engineers
Attn: Gordon Sweet
1730 N. First Street, Suite 600
San Jose, CA 95112

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. 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 informatio n and in no way binding upon CITY.

20. 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 int erest. 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 whic h is inconsistent or incompatible with CONSULTANT’S obligations under this Agreement.

CONSULTANT’S duties and services under this agreement shall not include preparing or assisting the CITY with any portion of CITY’S preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the CITY. The CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.

CONSULTANT participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.

CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent Attachment 1

7 contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.

21. Governing Law, Jurisdiction and Venue

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

22. 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 res pect 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.

23. Termination of Agreement

A. If CONSULTANT defaults in th e 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 p ercentage of satisfactory services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.

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

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.

24. Subcontracting
Attachment 1

8 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.

25. 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, 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.

26. 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 in accordance with Section 30 below.

27. Other Agreements

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

28. 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.

29. 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.

30. 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 in writing as an amendment to this Agreement signed by all parties. If the amendment is signed electronically, the digital signatures must comply with the requirements of California Government Code Section 16.5.

31. Miscellaneous
Attachment 1

9 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.

IN WITNESS WHEREOF, the parties have executed this Agreement.

ATTEST: CITY OF SUNNYVALE ("CITY")

By_____________________________ By__________________________

City Clerk City Manager

BKF ENGINEERS ("CONSULTANT")

APPROVED AS TO FORM: By

Name/Title

___________________________ By
City Attorney

Name/Title

Attachment 1

10 Exhibit A

SCOPE OF WORK FOR
Evelyn Avenue Multi-Use Trail Project
TR-23-02
I. General
The City of Sunnyvale is seeking proposals from licensed Engineering and Planning firms to provide professional services for design and preparation of bid documents and construction support for the Evelyn Avenue Multi -Use Trail Project. The scope of work generally includes evaluation of existing conditions, preparation of preliminary design, design development , bid documents, and bidding/construction support for Public Works competitive bidding. Ancillary work includes minor support for grant reporting requirements which includes providing project status, budget status and next quarter projected tasks/budget usage (State of California, Parks and Recreation Department, Per Capita Program and Specified Grants Program), construction cost estimating, schedule monitoring, preparation of reports and recommendations, and project management.

II. Project Information
A. Description
This project includes the preparation and analysis of conceptual designs and preparation of final design construction bid documents to install a Class I Shared-Use Path on the north side of West Evelyn Avenue from South Bernardo Avenue (city limit) to Mathilda Place and connections to cross -street bike and pedestrian facilities in the City of Sunnyvale. The Class I Shared-Use Path will provide bicyclist s, pedestrians, and other active transportation mode users with a low stress, separated path to tr avel along this arterial route. The trail will also connect to other bicycle lanes and routes as well as to pedestrian facilities through this segment of Evelyn Avenue at Bernardo Avenue, Mary Avenue, Pastoria Avenue, Florence Street and southbound Mathilda Avenue loop ramp.

The first scope activity will be to prepare conceptual designs to transition at both ends of the project limits. The project design may include signal modifications, lane configurations, connections to local streets, paving, signing, and striping. This project segment is within the City of Sunnyvale and extends to the Mountain View/Sunnyvale city limits. The end result shall be a complete trail project between Bernardo Avenue and Mathilda Place.

The project is funded through the City’s Transportation Impact Fee fund and State funding through the California Parks and Recreation Department, Per Capita Program and Specified Grants Program. Significant milestones shall be met for design and construction to show grantors that progress is being made by June 2024. If an opportunity arises for grant deadline extensions, BKF will work with the City for application and materials suitable for grantor consideration.

B. Location
The project is located along West Evelyn Avenue between the City limits at South Bernardo Avenue to Mathilda Place. A project location map is in Attachment 3.

Surrounding land uses are predominately commercial with residential at the eastern end and the Caltrain commuter railroad tracks running parallel to Evelyn Avenue on the north. The project will connect the downtowns and transit centers of the Cities of Sunnyvale and Mountain View, once both Cities’ segments are built.

C. Existing Conditions
Evelyn Avenue is an east-west arterial that extends from the city limits with Mountain View at Bernardo Avenue, passes by the Sunnyvale Caltrain Station and the Sunnyvale downtown district, and ends at Reed Avenue. The project segment currently has two travel lanes, two class II bike lanes, striped median/left turn lane, and one parking lane.

Attachment 1

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

Consultant services shall include, but are not limited to: Project management, evaluating existing conditions, preliminary design, design development, bid documents, 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 monthly Teams progress meetings 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. BKF assumes a 10-month design schedule with attendance of ten (10) design meetings as provided in Proposal. Any modifications to the project schedule adversely impacting project duration may require an amendment of project services.

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 for both design and construction are $4,100,000 including contingency and any potential permit fees. 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, including all submittals and invoices. Consultant shall coordinate with City staff for training materials and e-Builder introduction. BKF assumes the City will provide the proper credentials necessary to facilitate a day-one implementation. The City will coordinate with their internal Information Technology (IT) department to troubleshoot any connection issues that may arise.

This task includes support for grant reporting requirements (State of California, Parks and Recreation Department, Per Capita Program and Specified Grants Program), as needed.

B. Preliminary Design

1. The Consultant shall explore three configurations for the Class I Shared-Use Path and show options for tie-in to the existing bicycle and pedestrian facilities at the start/end points at Bernardo Avenue and Mathilda Place, as well as other mid-segment crossings. A draft technical memorandum outlining the provision of options shall be prepared for the City’s review and comments. The draft technical memorandum shall include a comparison of existing street lighting conditions to City standard spacings and wattages to determine if additional street lights are Attachment 1

12 required. A preliminary cost estimate and project schedule shall be included with each option, along with other supporting information outlining pros and cons for each option. The configurations shall include vertical barriers including but not limited to raised concrete curbs, delineators, flexible bollards, etc. Based on the City’s feedback, the consultant shall provide a final technical memorandum and further develop and finalize the preliminary design.

2. Deliverables: A draft technical memorandum and a final technical memorandum shall be submitted for stakeholder review and comments. All submittals shall include digital copies (PDF and native format) of all documents. Due to schedule compression to meet construction funding obligation, one submittal of the draft technical memorandum shall be provided, and each City review will be three weeks. Technical memorandums should include preliminary cost estimates and project schedules for all options.

3. Consultant shall obtain the services of a professional surveyor in order to perform a complete topographic survey of the work areas. The survey shall include right- of-way limits, grading information, and utility base mapping. Consultant shall provide electronic copies (ACAD format) of the topographic survey to the City for record.

4. Optional services listed below are included as separate line items in the cost proposal.
i. Task O-1 – C.3 Stormwater Treatment Feasibility
A C.3 determination and feasibility assessment for green street infrastructure triggered by the multi-use trail design. During the development of the concept alternatives, BKF will evaluate the C.3 Stormwater Treatment opportunities and requirements set forth in the San Francisco Bay Municipal Regional Permit (MRP 3.0). Revisions to stormwater treatment prerequisites as stipulated by the MRP, became effective from July 1, 2023 and will be used to assess the project’s treatment requirements. BKF will evaluate if the project is exempt or if a concept alternative implementing in-road treatment is warranted. We believe the Project would be exempt, however, there can be opportunities to provide green infrastructure improvements where feasible. ii. Task O-2 – Utility Potholing
Potholing and Pothole Report for utility conflicts. Once the 30% Concept Design is established and submitted for City Review, BKF will identify any utility potholing needs to necessitate utility relocations and traffic signal modifications. In order to eliminate throwaway costs associated to preliminary potholing, it is imperative that the Utility Potholing task occurs after City Review is completed to ensure additional potholes are not required and remobilization is not necessary. BKF will provide a Utility Potholing plan that outlines the location of each pothole taken and implement the results of the pothole findings in subsequent plan submissions. BKF assumes 6 potholes, but will verify total amount during Design Development. Potholing work provided by potholing contractor will include traffic control.
iii. Task O-3 – Caltrain Property Line Landscape Evaluation Review and design of trimming and removal of existing landscaping along Caltrain property line. BKF and project subconsultant, Gates+Associates Attachment 1

13 will review, evaluate, and provide landscape removal needs along Caltrain property line.
iv. Task O-4 – Green Infrastructure Design
Design of green street infrastructure. BKF will assess the stormwater treatment requirement needs and integrate low impact development (LID) measures into the project as set forth in the San Francisco Bay Municipal Regional Permit (MRP 3.0). This task and its design will be integrated into 30% Concept Design (plan-level layout design, standard cross- section detailing), 75% PS&E Submittal (complete grading and detailing for City Review), 100% PS&E Submittal, Final PS&E Submittal. v. Task O-5 – Landscaping and Irrigation Plans
Landscaping and Irrigation plans if selected design includes landscape.

Gates+Associates will prepare landscape plans (landscape amenities, irrigation and planting) for the proposed project area. Landscape amenities include aesthetic treatment of trailhead and connection points; irrigation plan to include layout of irrigation system, location of water and electrical connections, and irrigation water demand calculations; planting plan to include living and non-living landscape improvements as well as identification of all setbacks for roads, railroad tracks, and other preserve areas. Include details that meet City of Sunnyvale design and improvement standards.
vi. Task O-6 – Lighting Evaluation and Irrigation Plans Lighting evaluation and preparation of recommendations for changes to existing street lighting system within multi-use trail limits. YEI will first evaluate the existing street lighting systems within the proposed multi-use trail’s footprint. YEI will provide a summary of evaluations and proposed recommendations for changes to the existing street light system to comply with City standards and minimum lighting level requirements. The plans will identify decorative or typical street light poles for the Multi-Use trail. This task assumes one coordination meeting with the City to discuss direction on inclusion into the plans.

Task O-7 – Bulbouts, RRFB/PHBs, and Crosswalk Design (Pastoria, Florence, and Sunset)BKF assumes the optional task for “Bulbouts, Rapid Flashing Hybrid Beacons (RRFBs)/Pedestrian Hybrid Beacons (PHBs), and Crosswalk Design” will require designs at three (3) intersections. The designs will include evaluating bulbout designs, RRFB/PHB designs at three (3) intersections to improve pedestrian and bicycle safety at locations where crosswalks do not currently exist and to improve mobility to the newly constructed trail located along the north side of Evelyn Avenue. BKF will integrate concept-level designs during the development of three design configurations noted within Preliminary Design. Once preferred improvements are determined, BKF will advance design services into deliverables noted within “D. Design Development.” vii. In the event additional outreach is required by the City, BKF and Gates can support the City with engaging the public. The assumed outreach process and activities that may be provided as additional tasks include the following:
• Task O-8 – Informational Outreach
This effort may include providing assistance to the City in the preparation of informational flyers/mailers and webpage updates to be distributed to the impacted community, for example preparing graphic exhibits.

Attachment 1

14 • Task O-9 - Public Outreach
Proactively engage the public to raise awareness about the project and create a community-supported plan for the trail and potential streetscape improvements along the Evelyn Avenue corridor. BKF and Gates will develop a community outreach plan identifying specific methods to communicate about the project and collect input via two rounds of outreach:
o Round 1: Existing Conditions and Community Preferences (Likes, Needs, and Challenges)
o Round 2: Design Priorities (Feedback on a Specific Plan) o Outreach activities include two (2) total Community
Workshop/Public Presentations with the community as
outlined above to provide opportunities for participation. o BKF and Gates will assist the City in creating the agenda and format of the meetings, prepare presentation materials (PowerPoint and Exhibits), facilitate the meeting, and write a summary of each meeting.
o BKF will prepare post card or letter notifications for each meeting. Materials include translations of materials in up to two (2) other languages. The City will be responsible for printing and mailing notifications in advance of each
meeting.
viii. Task O-10 – CEQA Statutory Exemption Filing
BKF and its subconsultant, David J. Powers and Associates (DJPA), will evaluate the project improvements and provide the City with a recommendation on how best to complete CEQA approval for the project improvements. Based on initial review, DJPA assumes the project can be cleared under Statutory Exemption for CEQA per SB 922 given that the project proposes bicycle and pedestrian safety improvements within the existing public right of way. BKF and DJPA will confirm during design development and prepare the necessary documentation to file the CEQA clearance document. The City will file the CEQA documents with the County.

C. Public Outreach

1. Hold one workshop with the City of Mountain View to coordinate design at city limits. BKF will host one workshop with City of Mountain View staff, stakeholders, and project subconsultants to discuss and coordinate the City-preferred alternative prior to finalizing the project concept design. BKF will prepare a PowerPoint presentation summarizing to-date progress of the project, rejected alternatives and next steps.

D. Design Development
Consultants shall be the Engineer of Record and responsible for design and preparation of complete plans and technical specifications for the project. The consultant must perform an adequate field investigation to confirm existing conditions. Research into existing utilities within the project limits shall be included in this task.

All work shall be compliant with all applicable rules, regulations, code, law, and good practice for public facilities. When possible, the Consultant shall incorporate “green” Attachment 1

15 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, Peninsula Corridor Joint Powers Board (Caltrain), City of Mountain View, and other stakeholders will also be consultant responsibility.

All submittals shall include digital copies (PDF and native format) of all documents.

1. 30% Submittal: Submit an electronic PDF file of the 24” x 36” plans. a. 30% plans: Cover sheet and plan sheet with base mapping and preliminary details.
b. Documentation of outreach with franchise utility companies for facilities needed to be relocated or adjusted to grade as a result of the proposed construction activities.
c. BKF will coordinate with the Joint Powers Board (JPB) and CPUC regarding the project’s proposed improvements. While no grade changes near the track crossing are anticipated, the project improvements will likely require traffic signal modifications and traffic handling at the Mary Avenue intersection. BKF will work with each agency regarding these modifications and document them in the CPUC’s General Order 88-B application. BKF assumes the traffic signal modifications do not impact signal pre-emption at this intersection. d. Project schedule update.
e. 30% construction cost estimate, including allowance for Caltrain coordination/inspection.
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. h. Layout of traffic signal modifications.
i. Consultant shall obtain the services of a professional surveyor in order to perform a complete topographic survey of the work areas with detailed construction information. The survey shall include right-of-way limits, grading information, and utility base mapping. Consultant shall provide electronic copies (ACAD format) of the topographic survey to the City for record.

Attachment 1

16 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. Submit an electronic PDF file of the 24” x 36” plans. 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 within the available construction budget 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. Cut sheets for equipment/appurtenances.
h. Other supporting documentation as necessary. Documentation of starting permits necessary for the contractor and list of information available to Bidders i. Hold a coordination meeting with the City of Mountain View.

3. 100% Submittal: All issues, prior comments, and concerns must be addressed in this submittal. Submit an electronic PDF file of the 24” x 36” plans. 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 within the available construction budget. e. Responses to the City’s review comments on the 75% submittal, along with return of mark-ups.

Attachment 1

17 f. Other supporting documentation as necessary.

E. Bid Package
The bid package shall be finalized upon incorporation of the City’s final comments from the 100% submittal.

Submit digital format (PDF and native format) of each of the documents listed below:

1. A PDF copy of the 24” x 36” plans, stamped and signed on each sheet by the Engineer of Record and by discipline.

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

3. Final project schedule update.

4. Final construction cost estimate.

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

The BKF Team will assist in the development of documents required for advertisement of the construction project. In order to support the City, BKF can be available to attend the project’s Pre-Bid meeting. If the inquires during the bid period trigger the need to modifying the plans or specifications, as part of this task the BKF Team can assist with the preparation of an addenda to the PS&E package during the advertisement period.

G. 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 team to be aware of (special working hours, shortened timelines for submittal reviews, etc.). BKF will attend and prepare information to facilitate a project transition from the design team to the City’s Construction Management team. BKF will prepare a meeting agenda and meeting minutes to document the meeting for City reference.

2. Attend the pre-construction meeting.

3. Attend 3 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. The BKF Team will review contractor’s RFI and provide written responses or clarifications within four (4) business days in support of the construction process and schedule. BKF will Attachment 1

18 review any proposed alternatives and substitutions and support the City for the assumed the 9-month duration of construction.

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). The BKF Team can provide drawings or supplemental information for construction facilitation or clarification and provide minor modifications and changes to the plans via contract change order.

9. Prepare As-Built Record Drawings based upon red-lines provided by the contractor and field reviews. All changes shall be indicated in red and clouded. All plan sheets shall be stamped with red “As-Built Record Drawings” Stamp. The stamp shall include Engineer of Record Company name, name of the Engineer of Record and date of the As-Built. 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.

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.
• TR-02-02-03, Evelyn Avenue Lane Reduction from Bernardo Avenue to Sunnyvale Avenue, March 2, 2005
• TR-02-02-03A, Evelyn Avenue Lane Reduction from Bernardo Avenue to Sunnyvale Avenue, March 2, 2005
• TR-05-02-06, Traffic Signal, Signing and Striping Modification Evelyn Avenue Lane Reduction between Bernardo Avenue and Reed Avenue, September 20, 2006 • Bernardo Avenue and Evelyn Avenue Traffic Signal, May 21, 2003 • TR-02/03-07, Mathilda Avenue and Evelyn Avenue On Ramp and Off Ramp Traffic Signal
• Bernardo Avenue Bicycle and Pedestrian Undercrossing project:
https://www.sunnyvale.ca.gov/business-and-development/projects-in- sunnyvale/infrastructure-projects/bernardo-avenue-undercrossing • Caltrain Grade Separations at Mary and Sunnyvale Avenues project:
https://www.sunnyvale.ca.gov/business-and-development/projects-in- sunnyvale/infrastructure-projects/caltrain-grade-separation • 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/1590/6378208 51886430000
• City standard specifications and details are available on the City’s website:

Attachment 1

19 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:
• 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. Attachments

1. Labor Compliance

2. Site Photos

3. Project Location Map
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 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, 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 issued to the City for unregistered subcontractors or for a lapse in a contractor/subcontractor’s PWC Registration, these penalties 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 mechanic 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 employees 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 overtime 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 notic e inviting bids nor this Contrac t shall constitut e 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 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 Attachment 1

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 availab le 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 there to, 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 e ach 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 s ubcontractor in violation o f 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 accura te 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 office to the persons authorized to inspect such record s 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 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 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.

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 r atio thereunder, contractor or s ubcontractors 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.

Attachment 1

Contractor and all of its subcontractors shall abide by the provisions of Califo rnia 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 – SITE PHOTOS
Photo 1
Evelyn Avenue at Mathilda Place, standing on southeast corner looking northwest Multi-use trail will begin/end here on north side of Evelyn Avenue (far side of photo) Caltrain Sunnyvale
Station/Transit Center
Mathilda Avenue
Overcrossing
Mathilda Place Evelyn Avenue
Proposed Multi-Use Trail
Attachment 1

Photo 2
Evelyn Avenue at Mathilda Place, standing on eastern leg of Evelyn Avenue looking west Multi-use trail will be located on north side of street (right side of this photo) Mathilda Avenue
Overcrossing
Evelyn Avenue
Mathilda Place
Proposed Multi-Use Trail
Beginning/Ending
Attachment 1

Photo 3
Evelyn Avenue at Florence Street, standing on north side of Evelyn Avenue looking west Multi-use trail will be located on north side of street (right side of this photo) Evelyn Avenue
Proposed Multi-Use Trail
Attachment 1

Photo 4
Evelyn Avenue at Mary Avenue, on north side of Evelyn Avenue looking west Multi-use trail will be located on north side of street (right side of this photo) Caltrain existing at-grade rail crossing of Mary Avenue can be seen on the right side of this photo Evelyn Avenue Proposed Multi-Use Trail
Caltrain At-Grade
Crossing
Mary Avenue
Attachment 1

Photo 5
Evelyn Avenue between Mary Avenue and Bernardo Avenue, on north side of Evelyn Avenue looking west Multi-use trail will be located on north side of street (right side of this photo) Existing bike lanes can be seen on both sides of Evelyn Avenue Evelyn Avenue
Proposed Multi-Use Trail
Attachment 1

Photo 6
Evelyn Avenue at Bernardo Avenue, standing on southwest corner of and looking northeast Multi-use trail will begin/end here on north side of Evelyn Avenue (far side of street in this photo) Evelyn Avenue
Proposed Multi-Use Trail
Beginning/Ending
Bernardo Avenue
Future Bicycle/Pedestrian
Undercrossing of Caltrain
Tracks (project currently
in environmental phase)
Attachment 1

Evelyn Avenue
Caltrain Tracks
Central Expressway
Mountain View
City Limits
Sunnyvale
City Limits
Bernardo
Avenue
Mathilda
Avenue
Mathilda
Place
Sunnyvale
Caltrain Station
Downtown
Sunnyvale
Washington Park
Vargas
Elementary
School
Cannery
Park
Silicon
Valley
Academy
Evelyn Avenue
Multi-Use Trail
Project Limits
Murphy
Park
Attachment 3 - Evelyn Avenue Multi-Use Trail Project Location Map, City of Sunnyvale Attachment 1

ID Task Name Duration Start Finish Predecessors
1 Notice to Proceed 0 days Fri 12/1/23 Fri 12/1/23
2 Task A: Project Management 427 days Fri 12/1/23 Mon 7/21/25 3 A.1 General Project Management 427 days Fri 12/1/23 Mon 7/21/25 1 4 A.2 Prepare CPM Schedule and Update Monthly 427 days Fri 12/1/23 Mon 7/21/25 1 5 A.3 Invoices/Progress Reports 427 days Fri 12/1/23 Mon 7/21/25 1 6 A.4 Kick-Off Meeting and PDT Meetings (Assume 10 Total) 186 days Fri 12/1/23 Fri 8/16/24 1 7 A.5 Grant Reporting Support 186 days Fri 12/1/23 Fri 8/16/24 1 8 9 Task B: Preliminary Design 75 days Fri 12/1/23 Thu 3/14/24 10 B.1 Collect and Review Record Data, Studies and Relevant Project Information
4 wks Fri 12/1/23 Thu 12/28/23 1
11 B.2 Topographic and Boundary Survey, Site Visits, and Base Mapping
4 wks Fri 12/1/23 Thu 12/28/23 1
12 B.3 Develop Three (3) Design Alternatives 55 days Fri 12/29/23 Thu 3/14/24 10 13 Submit Draft Technical Memorandum 3 wks Fri 12/29/23 Thu 1/18/24 10 14 City Review 3 wks Fri 1/19/24 Thu 2/8/24 13
15 Submit Final Technical Memorandum 2 wks Fri 2/9/24 Thu 2/22/24 14 16 City Review 3 wks Fri 2/23/24 Thu 3/14/24 15
17 B.4 City Workshop 0 wks Thu 2/15/24 Thu 2/15/24 14FS+1 wk 18 B.5 C.3 Stormwater Treatment Feasibility (OPTIONAL) 2 wks Fri 2/9/24 Thu 2/22/24 14 19 20 Task C: Design Development 128 days Fri 2/9/24 Tue 8/6/24 21 C.1 Field Reconnaissance, Base Map Refinement 2 wks Fri 2/9/24 Thu 2/22/24 14 22 C.2 30% Submittal 25 days Fri 3/29/24 Thu 5/2/24
23 Prepare 30% Plans 2 wks Fri 3/29/24 Thu 4/11/24 16FS+2 wks 24 Prepare 30% Estimate 1 wk Fri 4/5/24 Thu 4/11/24 23FS-1 wk 25 Submit 30% Concept Design 0 days Thu 4/11/24 Thu 4/11/24 24 26 City Review 3 wks Fri 4/12/24 Thu 5/2/24 25
27 C.3 JPB/CPUC Coordination 3 mons Fri 5/3/24 Thu 7/25/24 26 28 C.4 Utility Potholing (OPTIONAL) 1 day Fri 5/3/24 Fri 5/3/24 26 29 C.5 Caltrain Property Line Landscape Evaluation (OPTIONAL) 2 wks Fri 5/3/24 Thu 5/16/24 26 30 C.6 Green Infrastructure Design (OPTIONAL) 6 wks Fri 5/3/24 Thu 6/13/24 26 31 C.7 Landscaping and Irrigation Plans (OPTIONAL) 6 wks Fri 5/3/24 Thu 6/13/24 26 32 C.8 Lighting Evaluation and Coordination (OPTIONAL) 6 wks Fri 5/3/24 Thu 6/13/24 26 33 C.9 75% PS&E Submittal 40 days Fri 5/3/24 Thu 6/27/24 34 Prepare 75% Plans, Cost Estimate and Response to Comments 4 wks Fri 5/3/24 Thu 5/30/24 26 35 Prepare 75% Technical Specifications 2 wks Fri 5/17/24 Thu 5/30/24 34FS-2 wks 36 Perform Quality Control 1 wk Fri 5/31/24 Thu 6/6/24 35 37 Submit 75% PS&E 0 days Thu 6/6/24 Thu 6/6/24 36
38 City Review 3 wks Fri 6/7/24 Thu 6/27/24 37
39 C.10 100% PS&E Submittal 28 days Fri 6/28/24 Tue 8/6/24 40 Prepare 100% Plans and Response to Comments 2 wks Fri 6/28/24 Thu 7/11/24 38 41 Prepare 100% Technical Specifications 1 wk Fri 7/5/24 Thu 7/11/24 40FS-1 wk 42 Prepare 100% Cost Estimate 1 wk Fri 7/5/24 Thu 7/11/24 40FS-1 wk 43 Perform Quality Control 3 days Fri 7/12/24 Tue 7/16/24 42 44 City Review 3 wks Wed 7/17/24 Tue 8/6/24 43
45 46 Task D: Bid Package 8 days Wed 8/7/24 Fri 8/16/24 47 D.1 Final PS&E Submittal 8 days Wed 8/7/24 Fri 8/16/24 48 Prepare Final Plans, Specs, Estimate, and Response to Comments
1 wk Wed 8/7/24 Tue 8/13/24 44
49 Perform Quality Control 3 days Wed 8/14/24 Fri 8/16/24 48 50 Submit Final PS&E 0 days Fri 8/16/24 Fri 8/16/24 49
51 52 Task E: Bidding Assistance and Support 21 days Mon 9/2/24 Mon 9/30/24 53 E.1 Advertise and Bid Support 21 days Mon 9/2/24 Mon 9/30/24 54 Advertisement 4 wks Mon 9/2/24 Fri 9/27/24 50FS+10 days 55 Attend Pre-bid Meeting 1 day Mon 9/9/24 Mon 9/9/24 54FS-3 wks 56 Prepare Bid Addenda and Respond to Inquires 3 wks Tue 9/10/24 Mon 9/30/24 55 57 Bid Award 0 days Mon 9/30/24 Mon 9/30/24 56
58 59 Task F: Design Services During Construction 190 days Tue 10/29/24 Mon 7/21/25 60 F.1 Preconstruction Meeting 1 day Tue 10/29/24 Tue 10/29/24 57FS+4 wks 61 F.2 Construction 190 days Tue 10/29/24 Mon 7/21/25
62 Contract Award 3 wks Tue 10/29/24 Mon 11/18/24 57FS+4 wks 63 Construction 8 mons Tue 11/19/24 Mon 6/30/25 62
64 As-Built/Record Drawings 3 wks Tue 7/1/25 Mon 7/21/25 63 12/1
2/15
4/11
6/6
8/16
9/30
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 City of Sunnyvale
Evelyn Avenue Multi-Use Trail Project
Wed 11/15/23 BKF ENGINEERS  (phone) 408.467.9100  www.bkf.com 1730 N. First Street, Suite 600  San Jose, CA 95112
EXHIBIT A-1
Attachment 1

City of Sunnyvale
Proposal For Evelyn Avenue Multi-Use Trail Project
Consultant’s Name BKF ENGINEERS
ODCs Total
BKF Title Principal Senior
Associate
Associate Project Manager Engineering
Manager
Engineer III/
Survey III
Engineer II/
Survey II
Engineer I/
Survey I
Field Survey
Project Role PIC Project
Manager
Transp &
Utility
Engineer
QA/QC Manager
Gordon
Sweet
Jaggi
Bhandal
Jeff Wang
Andrew
Michel
Carmelo Cecilio 2-Man Crew Kittleson &
Associates, Inc.

Gates +
Associates
David J. Powers
and Associates
YEI
Engineers, Inc.
$302 $280 $273 $260 $239 $222 $195 $170 $365

LS LS LS LS
1 Project Management 4 48 20 8 36 116 $30,792 $ 5,550 $ - $ - $ - $1,509 $37,851 2 Preliminary Design 4 4 4 36 24 48 80 200 $53,896 $ 19,635 $ - $ - $ - $16,638 $90,169 3 Public Outreach 4 8 8 20 $4,392 $ - $ - $ - $ - $176 $4,568 4 Design Development 8 36 44 76 170 76 188 400 0 998 $206,430 $ - $ - $ - $ - $8,257 $214,687 Field Reconnaissance, Base Map Refinement 4 16 40 60 $10,876 30% Submittal 2 4 8 12 40 8 28 80 182 $37,424
JPB/CPUC Coordination 2 20 16 8 30 2 16 40 134 $30,186
75% PS&E Submittal 2 6 8 30 56 40 80 128 350 $71,892
100% PS&E Submittal 2 6 12 26 40 26 48 112 272 $56,052
5 Bid Package 2 7 4 20 20 10 34 60 157 $32,686 $ - $ - $ - $ - $1,307 $33,993 6 Bidding Services 2 4 4 2 2 14 $3,410 $ - $ - $ - $ - $136 $3,546 7 Construction Support 2 16 10 32 36 68 164 $33,158 $ - $ - $ - $ - $1,326 $34,484 Proposal Subtotal 18 115 72 108 276 118 284 578 80 0 1669 $364,764 $25,185 $0 $0 $29,350 $419,299 Optional Services
O-1 C.3 Stormwater Treatment Feasibility 2 12 16 20 24 74 $15,484 $ - $ - $ - $ - $619 $16,103 O-2 Utility Potholing 2 8 4 16 30 $5,972 $ - $ - $ - $ - $27,239 $33,211 O-3 Caltrain Property Line Landscape Evaluation 0 $0 $ - $ 6,860 $ - $ - $343 $7,203 O-4 Green Infrastructure Design 4 8 24 4 40 48 128 $25,784 $ - $ - $ - $ - $1,031 $26,815 O-5 Landscaping and Irrigation Plans 4 8 12 $2,316 $ - $ 74,060 $ - $ - $3,796 $80,172 O-6 Lighting Evaluation and Coordination 4 8 12 $2,316 $ - $ - $ - $ 76,470 $3,916 $82,702 O-7 Bulbouts, RRFB/PHBs, and Crosswalk Design (Pastoria, Florence, and Sunset)
2 8 12 24 80 96 124 140 64 550 $124,132 $ - $ - $ - $ - $4,965 $129,097 O-8 Informational Outreach 2 6 12 20 $6,090 $ - $ - $ - $ - $244 $6,334 O-9 Public Outreach 8 12 16 20 56 $11,628 $ - $ 9,520.00 $ - $ - $941 $22,089 O-10 CEQA - Statutory Exemption Filing 2 2 $478 $ - $ - $ 7,500 $ - $394 $8,372 Total Optional Services 2 24 12 44 152 100 210 276 64 0 884 $194,200 $0 $90,440 $7,500 $76,470 $43,489 $412,099 Total Including Optional Services 20 139 84 152 428 218 494 854 144 0 2553 $558,964 $25,185 $90,440 $7,500 $76,470 $72,838 $831,397

14. City will complete all environmental and public outreach services. BKF can provide services if desired by City.

15. Cost proposal assumes all work will be completed within assumed project schedule (design development assumes 10-month duration).

16. Optional services identified are not inclusive of construction support services and can be provided in a future proposal if needed.

11. Optional services to provide bulb-outs, crosswalks, and rectangular rapid flashing beacons/pedestrian hybrid beacons are assumed at Pastoria Ave, Florence St, and Sunset Ave. Scope excludes significant drainage and utility impacts. Warrant studies are excluded.

13. All storm water treatment evaluations are identified in task items 'C.3 Stormwater Treatment Feasibility' & 'Green Infrastructure Design' under Optional Services as requested in the subject RFP.

9. ITS Design is exlcuded from this proposal. The Project team assumes all devices will stay in place.

7. Arborist services are not included.

8. Aerial Mapping is included to cover Evelyn Ave between Bernardo Ave and Mathilda Place.

Tasks Labor

3. No Right of Way Boundary resolution is assumed within project scope.

2. Utility potholing (assumed 6 potholes) to be conducted during Task 2 and is shown as an allowance ($4500/Pothole). Costs may vary at time of exection

1. Traffic control expenses ($6,000 - $3000/day) are assumed as an ODC within Task 2. Costs may vary at time of execution Task Description
Subconsultants
Task #

17. CEQA support services assume project improvements qualify under Statutory Exemption per SB 922. BKF assumes the project has no federal funding.

Other Direct
Costs Total Fee
Notes:

Total Hours Total Labor
Costs
Traffic Engineering Landscaping &
Irrigation Lighting DesignEnvironmental

10. Proposal assumes 5% Markup on all Subconsultant Fees

6. BKF surveying work is limited to the completion of an aerial map. Field studies are assumed at key locations (along the north side of roadway at intersections to supplement aerial mapping for design purposes.

12. Caltrain/JPB and CPUC coordination efforts are assumed to be minimal and limited to GO-88B application. No formal application is required due to proposed improvements and no modifications to existing warning devices and track panels are required.

4. The Project will not impact private Right of Way, therefore Right of Way engineering efforts are excluded.

5. No major utility relocations are required. All design can be completed to maintain existing utilities, therefore, utility coordination is minimal.

EXHIBIT B

COMPENSATION SCHEDLUE
Attachment 1

22 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.

☐ Cyber & Tech Liability coverage with limits not less than of $1,000,000 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 reviewed 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 deductibl e 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 Agreement, 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 industry specific coverage is checked above, valuable papers, electronic data processing, and cyber liability policies) with respect 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.

Attachment 1

23 Additional Insured Endorsement for ongoing operations at least a s broad as ISO CG 20 10 Scheduled, or automatic CG 20 38 and completed operations shall be at least as broad as ISO CG 20 37 scheduled or automatic ISO CG 20 40. <CONFIRM WITH RISK MANAGER>

2. During the term of the Agreement, 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 Agreement 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 fo rm with a Retroactive Dat e prior to the Agreement 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 agreement, 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 co verage 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 meet all 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 Consultant’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 limit s 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 nam ed 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 Attachment 1

24 otherwise acceptable to the City of Sunnyvale’s Risk Manager.

Verification of Coverage:

City utilizes PINSAdvantge.com (PINS) to track and verify all insurance related documents. City is no longer accepting Certificates of Insurance by mail and requires the use of PINS. City will email the Consultant requesting proof of insurance for this Contract through the PINS platform ([email protected]), which include instructions on how to upload insurance documents electronically. Consultant shall furnish the City with an electronic 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 and name City of Sunnyvale, Attn: Risk Management, 456 W. Olive Ave, Sunnyvale, CA 94088 as the certificate holder. All certificates are to be received and approved by the City 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. Consultant shall submit insurance certificates reflecting the po licy renewals through PINS. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

Attachment 1