DRAFT CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SUNNYVALE AND YEI ENGINEERS, INC. FOR DESIGN AND CONSTRUCTION SUPPORT
SERVICES EMERGENCY GENERATOR & ELECTRICAL UPGRADE AT FIRE
STATIONS AND SUNNYVALE PUBLIC LIBRARY
THIS AGREEMENT, dated ______________________________, is by and between the CITY OF SUNNYVALE ("CITY"), a California chartered municipal corporation, and YEI ENGINEERS, INC. ("CONSULTANT"), a California corporation.
WHEREAS, CITY advertised a Request for Proposals (RFP) F24-056 on November 2, 2023; and
WHEREAS, CONSULTANT submitted a proposal on December 5, 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 Emergency Generator & Electrical Upgrade at Fire Stations and Sunnyvale Public Library; and WHEREAS, the scope of work pursuant to this Agreement shall include such professional services for only Fire Stations Nos. 1, 3, 4 and 6, and shall not include the optional scope relating to the Sunnyvale Public Library generator; 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 assig n Brandon Yee, PE to this project, to act in the capacity of Project Manager and personally direct the professional services to be provided by CONSULTANT.
Except as specified in this Agreement, CONSULTANT shall furnish all technical and professional ser vices, 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.
Attachment 1
B. When CITY determines that CONSULTANT has sa tisfactorily completed the services defined in Exhibit “A,” CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder.
CONSULTANT may request this determination of completion when, in its opinion, it has satisfactorily completed the Scope of Work (Exhibit “A”), and if so requested, CITY shall make this determination within fourteen (14) days of such request.
3. Project Schedule
The Project Schedule is set forth in the attached Exhibit “A-1.”
4. 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." Com pensation 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 Twenty-Nine Thousand Nine Hundred Fifty-Four and No/100 Dollars ($429,954.00) for the duration of the contract, as w ell as optional services in an amount not to exceed Fifty-Nine Thousand Five Hundred Twenty and No/100 Dollars ($59,520.00) unless upon written modification of this Agreement in accordance with Section 30 below. In no event shall the total amount of compen sation payable under this agreement exceed the sum of Four Hundred Eighty-Nine Thousand Four Hundred Seventy-Four and No/100 Dollars ($489,474.00).
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 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 Attachment 1
institutions, or to a trustee in bankruptcy, provided that written notice of any such assignment or transfer shall be first furnished to CITY. In case of the death of one or more members of CONSULTANT's firm, the surviving member or members shall complete the services covered by this Agreement. Any such assignment shall not relieve CONSULTANT from any liability under the terms of this Agreement.
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, plans and other documents which may be submitted or furnished by CONSULTANT shall be approved and signed by a qualified registered professional in the State of California. The title sheet for calculations, specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the professional responsible for their preparation.
8. Standard of Workmanship
CONSULTANT represents and maintains that it is skilled in the professional calling necessary to perform the services and its duties an d 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 ge nerally 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, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar projects.
9. Responsibility of CONSULTANT
CONSULTANT shall be responsible for the professional 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 c ause of action arising out of the performance of this Agreement and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’s negligent performance of any of the services furnished under this Agreement.
Attachment 1
Any acceptance by CITY of plans, specifications, calculations, construction contract documents, reports, diagrams, maps and other material prepared by CONSULTANT shall not, in any respect, absolve 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 other than the performance of the Project services, nor be disclosed to an enti ty 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 na me, 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 limit ed to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared or caused to be prepared, under this Agreement s hall be the property of CITY, but CONSULTANT may retain and use copies thereof.
CITY shall not be limited, in any way, in its use of said material, at any time, for work Attachment 1
associated with Project. However, CONSULTANT shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to the release of this material to third parties for work other than on Project.
14. Hold Harmless/Indemnification
To the extent permitted by law (including, without limitation, California Civil Code Section 2782.8), CONSULTANT agrees to indemnify , defend and hold harmless CITY, its officers and employees from any and all claims, demands, actions, causes of action, losses, damages, liabilities, known or unknown, and all costs and expenses, including reasonable attorneys’ fees in connection with any injury or damage to persons or property to the extent arising out of any negligence, recklessness or willful misconduct of CONSULTANT, its officers, employees, agents, contractor, subcontractors or any officer, agent or employee thereof in relation to CONSULTANT’s performance under this Agreement. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defend ants 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, to accomplish timely communication. Each party may change the address by written notice in accordance with this paragraph. Notices delivered personally shall Attachment 1
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/City Engineer Department of Public Works
CITY OF SUNNYVALE
P. O. Box 3707
Sunnyvale, CA 94088-3707
To CONSULTANT: YEI Engineers, Inc.
Attn: Brandon Yee, PE
7677 Oakport St. Ste. 200
Oakland, CA 94621
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 information 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 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.
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 contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications Attachment 1
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 ope ration, 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.
23. 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 eve nt of such termination, CONSULTANT shall be compensated in proportion to the percentage of satisfactory services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.
B. Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY also shall have the right to terminate this Agreement for any reason upon ten (10) days' written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be compensated in proportion to the percentage of services performed or materials fu rnished (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
None of the services covered by this Agreement shall be subcontracted without the prior Attachment 1
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, gend er, 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 term s 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 vali dity 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
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 Attachment 1
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
YEI ENGINEERS, INC. ("CONSULTANT")
APPROVED AS TO FORM: By
Name/Title
___________________________ By
City Attorney
Name/Title
Attachment 1
Exhibit A
SCOPE OF WORK FOR
EMERGENCY GENERATOR & ELECTRICAL UPGRADE
AT FIRE STATIONS AND SUNNYVALE PUBLIC LIBRARY
PR-24-02
I. General
The City of Sunnyvale is seeking proposals from licensed Engineering firms to provide professional services for design, preparation of bid documents and construction support for the Emergency Generator Installation at Fire Stations and the Sunnyvale Public Library & Fire Station Electrical System Upgrades PR-24-02. The scope of work generally includes project site reconnaissance, preliminary design, design development, bid documents, and bidding/construction support for Public Works competitive bidding. Ancillary work includes: environmental needs assessment and document preparation, construction cost estimating, schedule monitoring, preparation of reports and recommendations, and project management.
II. Project Information
A. Description
This project consists of the following list of work items. The intent of the project is for fully functional new generators and electrical systems as described. • Replacement of 4 emergency generators at fire stations (#1, 3, 4 & 6) throughout the City and one at the Sunnyvale Publi c Library as optional scope of work. Work also includes replacement of fuel tanks, control panels/automatic transfer switch (ATS), and other associated components.
• Replacement of electrical and wiring systems at four fire stations (#1, 3, 4 & 6) including control components for the ring down lighting systems and main breakers for the electrical system. This includes an investigation and evaluation of the current condition of the electrical and wiring systems to determine the extent of the upgrades needed. • Determine if generators need to be relocated to meet current building code. • Camlock cabinet to be installed at each site with generator. • Install four-plex convenience outlet within the generator enclosure. • The existing Automatic Transfer Switch (ATS) sys tem shall be replaced with new automatic transfer switches with bypass isolation.
• The new generators shall meet U.S. EPA Emission Standards Tier 3, including permitting through the Bay Area Air Quality Management District.
• Each generator shall be housed in a weather protective enclosure with lockable doors which give full access to the control panel and circuit breaker. • New fuel tanks shall be dual wall integral sub-base fuel tanks mounted below or adjacent to the generator if the total height is too great. Other options will need to be provided if the total height is too tall to avoid screening. The fuel tanks shall provide a minimum of 72 hours of fuel.
• Generators shall be equipped with monitoring system to alarm of any issues such as fuel level, low battery etc.
• The design engineer shall determine the location of the new automatic transfer switches and determine if existing conduits can be utilized to connect power and controls between the new generator switchboard that would be installed near the new generators and the new automatic transfer switches.
• The new emergency power system shall comply with current codes and regulations as required for permitting by the Sunnyvale Building Division.
Attachment 1
• The design team shall identify and assess code and regulatory deficiencies in the existing backup power distribution system and conduct a risk assessment incorporating hazard analysis and hazard mitigation according to the requirements of NEC 708. • The design engineer shall consult and coordinate with Sunnyvale Building Division as the Authority Having Jurisdiction (AHJ) as to the extent of modifications required to the existing facility, since the modifications of the generator may need to include other facility and system upgrades to meet the minimum emergency power requirements of the current code, as well as fulfill the operational goals of the owner. • Careful consideration shall be given to defining life safety systems and critical systems as each system has functional and code specific requirements that may affec t existing building systems such as use and occupancy classifications. • An emergency backup system shall be maintained throughout the design and the construction phases.
B. Location
The project is located at City of Sunnyvale Fire Stations #1, 3, 4 & 6:
• Fire Station #1 – 171 N. Mathilda Avenue
• Fire Station #3 – 910 Ticonderoga Drive
• Fire Station #4 – 996 S. Wolfe Road
• Fire Station #6 – 1282 Lawrence Station Road
Optional Scope:
• Sunnyvale Public Library – 665 W. Olive Avenue
C. Existing Conditions
The four fire stations all run Kohler generators installed in 1993 with 20kw capacity with a 60- gallon above ground diesel fuel tank. There is an existing 110 service outlet and no outdoor lighting on site for nighttime work. The locations of these generators on site likely does not meet current building codes and new locations will need to be determined.
The Sunnyvale Public Library generator currently runs a Generac generator installed in 1985 with 50kw capacity and a 60-gallon above ground diesel fuel tank.
The existing ring down system and the main breaker (blade cartridge fuse) system at the fire stations listed are outdated regularly causing interruption and difficulty during repairs. Site visits with City staff to observe the existing equipment will be made available during the RFP process.
III. Consultant Scope of Services
The consultant will perform all engineering and project management related work necessary to prepare plans and specifications suitable for Public Works bidding.
Consultant services shall include, but are not limited to: Project management, 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 a monthly progress Attachment 1
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 consultant shall submit the plans at the 75% submittal stage to the Building Division, per the instructions in 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.
E-Builder license and training: Consultant will be required to use e-Builder™ software and protocols included in that software during this project, Consultant shall coordinate with City staff for training materials and e-Builder introduction. City will provide consultant one e-Builder software license for the duration of the project. e-Builder software shall be utilized for all project management documentation and correspondence. The use of project management communications herein described is in addition to and does not replace or change any contractual responsibilities of the consultant.
B. Preliminary Design
A technical memorandum outlining provision of options shall be prepared for the City’s consideration. A preliminary cost estimate and project schedule shall be included with each option, along with other support information outlining pros and cons for each option.
C. Design Development
Consultants shall be the Engineer of Record and responsible for design and preparation of complete plans and technical specifications for the project. The consultant must perform an adequate field investigation to confirm existing conditions.
All work is to comply with all applicable rules, regulations, code, law, and good practice for public facilities. When possible, the Consultant shall incorporate “green” building/construction practices, sustainability, energy efficiency, and low operations and maintenance costs into recommendations and subsequent design.
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 Appendix 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.
Attachment 1
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. If a Storm Water Management Plan (SWMP) is required for the project, the consultant shall prepare the SWMP and hire and pay a certified third-party reviewer from the SCVURPPP list of prequalified consultants as required for the building permit.
All submittals shall include digital copies (PDF and native format) of all documents.
1. 30% Submittal: Submit electronic PDF file package:
a. 30% plans: Cover sheet and plan sheet with base mapping and preliminary details. b. Cut sheets for equipment/appurtenances.
c. Project schedule update.
d. 30% construction cost estimate.
e. Brief memorandum of determination of project’s CEQA needs. 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. 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 electronic PDF file package:
a. 75% Plans: All subcontracted work shall be accounted for in this submittal. All project details have been accounted for.
b. 75% specifications:
• Technical specifications
• Special Provisions, with recommended changes in track changes format. The Special Provisions shall also include the following:
o Bid item descriptions and measurement and payment provisions
o A list of minimum required submittals during construction o List of information available to Bidders, with disclaimer o A table listing all inspections (including any special inspections and materials testing) and associated responsibility
o A table list of materials requiring warranties, and associated warranty periods c. Project schedule update.
d. 75% construction cost estimate in the form of the bid schedule. e. Utility conflicts have been resolved or a timeline for resolution of issues has been determined.
f. CEQA Exemption documentation, suitable for filing at the County Recorder’s Office. g. Responses to the City’s review comments on the 30% submittal, along with return of mark-ups.
h. Other supporting documentation as necessary.
Attachment 1
3. 100% Submittal: All issues, prior comments, and concerns must be addressed in this submittal.
Submit electronic PDF file package:
a. 100% plans
• Peer review shall have been accomplished by this stage, with the statement and signature on the cover sheet. The professional shall sign, date, and seal the following Certification of Peer Review on a letterhead document with the transmittal of the final plans and specifications:
“The undersigned hereby certifies that a professional peer review of these plans and the required designs was conducted by me, a professional engineer with expertise and experience in the appropriate fields of engineering equal to or greater than the Engineer of Record, and that appropriate corrections have been made.”
b. 100% specifications
• Reviewed bid instructions
• Finalized technical specifications
• Finalized Special Provisions
c. Project schedule update.
d. 100% construction cost estimate.
e. Responses to the City’s review comments on the 75% submittal, along with return of mark-ups.
f. Other supporting documentation as necessary.
D. Bid Package
The bid package shall be finalized upon incorporation of the City’s final comments from the 100% submittal, and incorporation of all Building Division comments.
Submit digital format (PDF and native format) of each of the documents listed below:
1. One digital copy of full sized plans (24” x 36”), stamped and signed on each sheet by the Engineer of Record and by discipline.
2. One digital copy of the specifications.
a. Technical specifications, with cover sheet stamped and signed by all necessary disciplines.
3. Final project schedule update.
4. Final construction cost estimate.
E. Bidding Services
Consultant shall respond to all bidder’s requests for information (RFIs), and support the City’s coordination efforts to inform plan-holders of significant responses to RFIs and prepare addenda as necessary. During bidding, all proposers’ communications will be directed through the City’s Purchasing Officer.
If addenda to bid documents are extensive and are as a result of consultant’s work product, conformed documents shall be prepared at no expense to the City. City will provide reproduction services.
Attachment 1
F. Construction Support Services
The City’s construction management team will have primary responsibility for construction management and inspection. The consultant’s point of contact will be the City’s construction manager, not the contractor.
The following is a minimum list of services and submittals required.
1. Attend and prepare information for an internal handoff meeting from the design team to the construction management team. Consultant shall be prepared to address: possible construction pitfalls, items for the construction management team to be aware of (special working hours, shortened timelines for submittal reviews, etc.).
2. Attend the pre-construction meeting.
3. Attend 1 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 as a result of responses to RFIs or as a result of 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. All changes shall be indicated in red and clouded. All plan sheets
shall be stamped with red “Record Drawings” stamp. The stamp shall include Engineer of Record Company Name, name of Engineer of Record, date of Record Drawing update, and standard disclaimer. See suggested stamp below:
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.
Attachment 1
IV. Available Documents
The below list of information is available for information only:
• 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/1590/637820851886430000 City standard specifications and details are available on the City’s website - Details:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/2920/637822741794530000 Specifications:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1606/637820851912670000
The below information will be provided during design to the consultant. • GIS data for property lines, street center lines, and two (2) foot contours • Aerial photographs from 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. Appendix
1. Labor Compliance
Attachment 1
Appendix 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 regi strations 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 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 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 f orty 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 e very 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 Dire ctor 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 Attachment 1
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 occ upation from the time of the initial employment of the person affected and during the continuance of such employment.
Prevailing Wage – As identified in the Notice to Bidders, the work contemplated by this agreement is a public work subject to prevailing wages under California Labor Code, Sections 1720 et. seq. The State of California Department of Industrial Relations has ascertained the general prevailing per diem wage rates in the locality in which the work is to be performed for each craft, classificat ion, 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 contractor in the execution of the work. Contractor shall cause all subcontracts to include the provision that all subcontractors shall pay not less than the specified prevailing per diem wage rates to all workers employed by such subcontractors in the execution of the work.
Contractor shall forfeit to the City, as a penalty, no more than two hundred dollars ($200.00) for each calendar day or portion thereof for each worker that is paid less than the specified prevailing per diem wage rates for the work or craft in which the worker is employed for any portion of the work done by contractor or any subcontractor in violation of the provisions of the Labor Code, and in particular Sections 1770 to 1781 thereof, inclusive. Such forfeiture am ounts 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 d ay, or portion thereof, for which the worker was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker.
The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rates set forth in the Agreement, including payment in excess of the prevailing wage for extra work paid by force account. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the contractor’s bid and will not, under any circumstances be considered as the basis of a claim against the City under the Agreement.
Certified Payroll Records – Pursuant to Labor Code, Sections 1776 et. Seq., contractor and all subcontractors shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked eac h 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 records pursuant to Labor Code section 1776. Certified payroll shall also be made available for Attachment 1
inspection upon request by the State of California Division of Labor Standards Enforcement, or the Division of Apprenticeship Standards of the State of California Division of Industrial Relations.
Each contractor and every lower -tier subcontractor will be required to submit certified payrolls and labor compliance documentati ons electronically via the software LCPtracker. Contractor shall cause all subcontracts to include the provision that all subcontractors submit certified payrolls and labor compliance documentation electronically via LCPtracker. Electronic submission will be a web-based system, accessed on the World Wide Web by a web browser. Each contractor user will be given a Log -On identification and password to access the City’s reporting system. Access will be coordinated by a City representative.
Apprentice Progra m – Attention is directed to State of California Labor Code, Sections 3095, 1777.5, 1777.6, and 1777.7 and Title 8, California Code of Regulations, Section 200, and the applicable Sections that follow. Responsibility for compliance with these requirements lies with the contractor. To ensure compliance and complete understanding of the law requiring apprentices, and specifically the required ratio thereunder, contractor or subcontractors should, where some question exists, contact the Division of Apprenticeship Standards, 525 Golden Gate Avenue, San Francisco, California, or one of its branch offices prior to commencement of the work. In the event contractor willfully fails to comply with this section, it will be considered in violation of the requirements of the Contract.
Contractor and all of its subcontractors shall abide by the provisions of California Labor Code Section 1777.6 prohibiting discrimination in the acceptance of otherwise qualified apprentices; and California Labor Code Section 3095 which declares the unlawful discrimination in any recruitment or apprenticeship program on stated grounds. City shall be entitled to retain and withhold all penalties as authorized pursuant to California Labor code, Division 2, Part 7, Chapter 1, commencing with Se ction 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
ID Task
Mode
Task Name Duration Start Finish Predecessors Resource Names 1 Emergncy Generator Upgrade Design 257 days Tue 7/30/24 Wed 7/23/25 2 Notice to Proceed 0 days Tue 7/30/24 Tue 7/30/24
3 Preliminary Design 62 days Tue 7/30/24 Wed 10/23/24
4 Kickoff 3 days Tue 7/30/24 Thu 8/1/24 2
5 Site Survay 7 days Tue 8/13/24 Wed 8/21/24 2FS+10 days 6 Civil Underground Utilities Survay 10 days Tue 8/13/24 Mon 8/26/24 2FS+10 days 7 RFI's Based on Field Observations 5 days Thu 8/22/24 Wed 8/28/24 5 8 Citiy of Sunnyvale RFI's Responses 5 days Thu 8/29/24 Wed 9/4/24 7 9 Basis of Design 35 days Thu 9/5/24 Wed 10/23/24
10 Prepare Basis of Design 10 days Thu 9/5/24 Wed 9/18/24 8 11 Submit Basis of Design 5 days Thu 9/19/24 Wed 9/25/24 10 12 City of Sunnyvale Review 10 days Thu 9/26/24 Wed 10/9/24 11 13 Basis of Design Review Meeting 5 days Thu 10/10/24 Wed 10/16/24 12 14 Final Basis of Design 5 days Thu 10/17/24 Wed 10/23/24 13 15 Design Development 160 days Thu 10/24/24 Wed 6/4/25
16 30% Design 35 days Thu 10/24/24 Wed 12/11/24
17 Develop 30% Design 30 days Thu 10/24/24 Wed 12/4/24 3 18 Cost Estimate 10 days Thu 11/28/24 Wed 12/11/24 19FS-10 days 19 Submit 30% Design 5 days Thu 12/5/24 Wed 12/11/24 17 20 30% Deisgn Review 15 days Thu 12/12/24 Wed 1/1/25
21 30% City of Sunnyvale Review 10 days Thu 12/12/24 Wed 12/25/24 19 22 30% Design Team Response 3 days Thu 12/26/24 Mon 12/30/24 21 23 30% Review Meeting 2 days Tue 12/31/24 Wed 1/1/25 22 24 75% Design 40 days Thu 1/2/25 Wed 2/26/25
25 Incorporate 30% Comments 5 days Thu 1/2/25 Wed 1/8/25 20 26 Develop 75% Design 30 days Thu 1/9/25 Wed 2/19/25 25 27 Cost Estimate 10 days Thu 2/13/25 Wed 2/26/25 28FS-10 days 28 Submit 75% Design 5 days Thu 2/20/25 Wed 2/26/25 26
29 75% Deisgn Review 15 days Thu 2/27/25 Wed 3/19/25
30 75% City of Sunnyvale Review 10 days Thu 2/27/25 Wed 3/12/25 24 31 75% Design Team Response 3 days Thu 3/13/25 Mon 3/17/25 30 32 75% Review Meeting 2 days Tue 3/18/25 Wed 3/19/25 31 33 100% Design 40 days Thu 3/20/25 Wed 5/14/25
34 Incorporate 75% Comments 5 days Thu 3/20/25 Wed 3/26/25 29 35 Develop 100% Design 30 days Thu 3/27/25 Wed 5/7/25 34 36 37 10 days Thu 5/1/25 Wed 5/14/25 37FS-10 days
37 Submit 100% Design 5 days Thu 5/8/25 Wed 5/14/25 35
38 100% Deisgn Review 15 days Thu 5/15/25 Wed 6/4/25
39 100% City of Sunnyvale Review 10 days Thu 5/15/25 Wed 5/28/25 33 40 100% Design Team Response 3 days Thu 5/29/25 Mon 6/2/25 39 41 100% Review Meeting 2 days Tue 6/3/25 Wed 6/4/25 40
42 Bid/Permit 35 days Thu 6/5/25 Wed 7/23/25
43 Permit Review 25 days Thu 6/5/25 Wed 7/9/25
44 Incorporate 100% Comments 5 days Thu 6/5/25 Wed 6/11/25 15 45 Submit for Permit 5 days Thu 6/12/25 Wed 6/18/25 44
46 City Permit Review 10 days Thu 6/19/25 Wed 7/2/25 45 47 Respond to Permit Comments 5 days Thu 7/3/25 Wed 7/9/25 46 48 Bid 10 days Thu 7/10/25 Wed 7/23/25
49 Incorporate Permit Comments 5 days Thu 7/10/25 Wed 7/16/25 47 50 Prepare BID Documents 5 days Thu 7/17/25 Wed 7/23/25 49 51 Bidding Service 45 days Thu 7/24/25 Wed 9/24/25
52 Bid Walk 5 days Thu 7/24/25 Wed 7/30/25 48
53 Bidders RFI's 10 days Thu 7/31/25 Wed 8/13/25 52
54 Respond to Bid RFI's 5 days Thu 8/14/25 Wed 8/20/25 53 55 Provide Bid Doc Addendums 10 days Thu 8/21/25 Wed 9/3/25 54 56 Bidders Submittal 10 days Thu 9/4/25 Wed 9/17/25 55
57 Review Contractors Bids 5 days Thu 9/18/25 Wed 9/24/25 56 7/30
10/23
6/4
12/11
2/26
5/14
7/23
6/18
7/23
9/24
7/21 7/28 8/4 8/11 8/18 8/25 9/1 9/8 9/15 9/22 9/29 10/610/1310/2010/2711/311/1011/1711/2412/1 12/812/1512/2212/29 1/5 1/12 1/19 1/26 2/2 2/9 2/16 2/23 3/2 3/9 3/16 3/23 3/30 4/6 4/13 4/20 4/27 5/4 5/11 5/18 5/25 6/1 6/8 6/15 6/22 6/29 7/6 7/13 7/20 7/27 8/3 8/10 8/17 8/24 8/31 9/7 9/14 9/21 9/28 10/510/12 August September October November December January February March April May June July August September October Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
Project: City_of_Sunnyvale_Gen
Date: Fri 6/21/24
Exhibit A-1
Project Schedule
Attachment 1
Exhibit B - Compensation Schedule
City of Sunnyvale
RFP F24‐056
Consultant Name: YEI Engineers, Inc. Proposal For: Emergency Generator & Electrical Upgrade at Library and Fire Stations Project #: PR‐24‐02 ODCs Total
Project
Manager
Lead Engineer
Electrical
Senior
Engineer
Drafts
Person
Civil Survey Arch Structural Landscape Cost
Estimator
Brandon Yee Jennifer
Huynh
Josephine
Hidalgo
Paul
Wingerd
BKF BKF JCA Crosby Merrill
Morris
Sierra
West
$290 $279 $217 $143 LS LS LS LS LS LS
1 Project Management 52 4 0 0 56 $16,196 $1,650 ‐ $2,520 $1,184 ‐ ‐ ‐ $21,550 2 Site Survey 6 12 12 0 30 $7,692 ‐ $29,750 $5,200 $1,664 ‐ ‐ ‐ $44,306 3 Preliminary Design 16 20 8 0 44 $11,956 $3,350 ‐ $5,620 $4,812 ‐ ‐ ‐ $25,738 4 30 % Design Development 14 32 54 56 156 $32,714 $13,550 ‐ $7,340 $4,464 ‐ $2,400 ‐ $60,468 5 75% Design Development 16 54 156 128 354 $71,862 $18,350 ‐ $5,200 $3,412 ‐ $6,000 ‐ $104,824 6 100% Design Development 10 52 92 72 226 $47,668 $12,500 ‐ $4,280 $3,032 ‐ $2,400 ‐ $69,880 7 Regulatory permits preparation/acquision 4 12 12 16 44 $9,400 ‐ ‐ $420 $2,648 ‐ ‐ ‐ $12,468 8 Bid Package 4 16 24 8 52 $11,976 $6,250 ‐ $210 $1,848 ‐ $1,200 ‐ $21,484 9 Bidding Services 8 8 12 8 36 $8,300 $3,100 ‐ $0 $1,198 ‐ ‐ ‐ $12,598 10 Construction Support Services 48 36 42 16 142 $35,366 $12,900 ‐ $2,980 $5,392 ‐ ‐ ‐ $56,638 Proposal Subtotal 178 246 412 304 1140 $253,130 $71,650 $29,750 $33,770 $29,654 $0 $12,000 $0 $429,954 Optional Services
A Panelboard replacment 16 84 108 56 1056 $59,520 ‐ ‐ ‐ ‐ ‐ ‐ ‐ $59,520 B ‐‐‐‐‐‐‐‐ $0 ‐ ‐ ‐ ‐ ‐ ‐ ‐ $0
C ‐‐‐‐‐‐‐‐ $0 ‐ ‐ ‐ ‐ ‐ ‐ ‐ $0
D ‐‐‐‐‐‐‐‐ $0 ‐ ‐ ‐ ‐ ‐ ‐ ‐ $0
E ‐‐‐‐‐‐‐‐ $0 ‐ ‐ ‐ ‐ ‐ ‐ ‐ $0
Total Optional Services 16 84 108 56 10 $59,520 $0 $0 $0 $0 $0 $0 $0 $59,520 Total Including Optional Services 194 330 520 360 1150 $312,650 $71,650 $29,750 $33,770 $29,654 $0 $12,000 $0 $489,474 1 Assumptions
‐ CAD Backgrounds for both the building and exterior will need to be provided by the design team. ‐ Brief memorandums for both CEQA and NPDES will indicate if either will be required or not required for each site. 1/1 Updated 6/10/24
Tasks YEI Labor Subconsultants
Task #
Task Description
(Change task titles as detailed in the scope of work)
Total
Hours
Total
Labor
Costs
Other
Direct
Costs Total
Fee
Notes:
Option A ‐ Will replace two (2) panelboards at all 4 stations. ‐ As‐Built drawings will be provided.
‐ Geotech will be provided by the City to avoid conflict of interest with the design team.
Attachment 1
Exhibit C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the Agreement 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 Agreement for bodily injury and property damage. ISO Form shall be at least as broad as CA 0001.
3. Workers’ Compensation: Statutory Limits and Employer's Liability : $1,000,000 per accident for bodily injury or disease.
Industry Specific Coverages. If checked below, the following insurance is also required:
☒ Professional Liability / Errors and Omissions Liability coverage with limits not less than $2,000,000 per occurrence or claim.
☒ Valuable Papers and Electronic Data Processing with limits not less than $10,000 each.
☐ Cyber & Tech Liability coverage with limits not less than of $1,000,000 per occurrence or claim.
☐ Crime coverage with limits not less than $500,000 to include third party premises endorsement.
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 deductib le 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 Attachment 1
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 use d 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.
Additional Insured Endorsement for ongoing operations at least as 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.
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 Agreement work.
b. Insurance must be maintained a nd evidence of insurance must be provided for at least three (3) years after completion of the Agreement of work. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form 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 Agreement 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 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 meet all of the insurance requirements stated in this document, including the additional insured, SIR, and Attachment 1
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 limits of coverage. Therefore, the requirements for co verage 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:
The City of Sunnyvale utilizes PINSAdvantge.com (PINS) to track and verify all insurance related documents. The City is no longer accepting Certificates of Insurance by mail and requires the use of PINS. T he City will email the Consultant requesting proof of insurance for this Agreement through the PINS platform ([email protected]), which include instructions on how to upload insurance documents electronically. 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 ins urer 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. Consultant shall submit insurance certificates reflecting the policy 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 sub -contractor’s insurance shall not relieve Consultant from any claim arising from sub-contractors work on behalf of Consultant.
Attachment 1