1 S
ERVICE AGREEMENT
BETWEEN
PENINSULA CORRIDOR JOINT POWERS BOARD
AND THE CITY OF SUNNYVALE
FOR
THE BERNARDO AVENUE UNDERCROSSING PROJECT
T
HIS SERVICE AGREEMENT (“Agreement”) is made and entered into by and between the Peninsula Corridor Joint Powers Board, hereinafter referred to as “PCJPB” or Caltrain ,” a nd the City of Sunnyvale, hereinafter referred to as “City,” as of the last date of signature set forth in the signature blocks.
RE
CITALS
W
HEREAS, the City of Sunnyvale (“CITY”), the City of Mountain View , and the Santa Clara Valley Transportation Authority ( “VTA”) are project sponsors for a proposed bicycle and pedestrian undercrossing within the CALTRAIN right-of-way (“ROW”), located on the border of these two cities; and
W
HEREAS, the Bernardo Avenue Undercrossing Project (“Project”) will fill a critical gap in both the local and regional bicycle and pedestrian networks by providing safe, convenient access between Sunnyvale neighborhoods and employment destinations to the north, and Sunnyvale west neighborhoods, schools, and employment locations south of the CALTRAIN tracks; and W
HEREAS, the CITY proposes to install the pedestrian and bicycle undercrossing at CALTRAIN mile post 37.5, at the intersection of South Bernardo Avenue and West Evelyn Avenue, to facilitate access between the northern and southern sides of the CALTRAIN ROW, as well as across Central Expressway, which runs parallel to CALTRAIN tracks in the Project area (see Appendix A , Scope of Work); and
W
HEREAS, under a previous service agreement which was executed on November 9, 2021, CALTRAIN and the CITY collaborated on the technical review and coordination efforts related to the conceptual design phase of the Project (approximately up to 15% design), including revie w of five conceptual design options; and
W
HEREAS, the cities of Sunnyvale and Mountain View narrowed down the conceptual design options from five to two, and have presented these two design options to the public, then to each cities’ Bicycle and Pedestrian Advisory Commission, and finally their respective City Councils, resulting in the Eastern design option being selected as the Locally Preferred Option/Alternative (“LPA”) by both cities which would locate the undercrossing approximately 360 feet east of the Bernardo and Evelyn Avenues intersection; and
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Service Agreement
2 WHEREAS, t he City will be responsible for obtaining environmental clearance under both CEQA and NEPA for the Eastern design option and CALTRAIN will review and make a determination on the CEQA clearance, and complete any additional environmental clearance studies and documents as required by the Federal Transit Administration (“FTA”); and
WHEREAS, the PCJPB Board of Directors adopted the Rail Corridor Use Policy ( “RCUP”) in February 2020 to help guide how its property is used and to support the railroad’s current needs and the delivery of Caltrain's Long-Term Service Vision; and
WHEREAS, on June 3, 2021, the PCJPB Board of Directors approve d a Use Variance for the proposed Project; and
WHEREAS, the Project completed CALTRAIN ’s the RCUP process through which the Project was found to be compatible with conditions and with current and future railroad needs; and
WHEREAS, the parties agree and acknowledge that this Agreement is the vehicle for CALTRAIN to work with the CITY to advance the Pr oject. Should either party terminate this Agreement, the conditions stated in the PCJPB Board of Directors approved Use Variance will not be met. These conditions, which are critical to ensuring the success of this proposed P roject as it moves forward through technical review in CALTRAIN’s capital project design and delivery process, include the following:
• Minimize impacts to railroad infrastructure, operations, and maintenance; • Comply with CALTRAIN construction standards;
• Achieve compatibility with a future grade separation at Mary Avenue; • CALTRAIN to lead the process from 35% design through delivery; and • Document roles and responsibilities in each phase of project development in written agreements.
WHEREAS, w ith the RCUP process complete, t he P roject continues to proceed through CALTRAIN’s capital project design and delivery process which includes CALTRAIN performing scope of services described in Appendix A and leading the process from 35% design through project delivery/completion; and
WHEREAS, all Project specific details and processes for the various phases of P roject development will continue to be memorialized in a series of agreements between CALTRAIN and the CITY, including this Agreement; and
WHEREAS, the purpose of t his Agreement is for CALTRAIN to provide technical input and expertise to inform the design process and to complete a CEQA Notice of Determination and FTA required environmental clearance tasks beyond the CITY ’s consultant team’s efforts, while the CITY manages the preliminary engineering and CEQA/NEPA environmental clearance of the Project’s LPA; and
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Service Agreement
3 WHEREAS, this Agreement outlines necessary CALTRAIN participation and technical review, as well as an associated budget and schedule for CALTRAIN staff time that is reflective of the level of support estimated to be required during this phase of the P roject, based on CALTRAIN’s assessment of the Project’s scale and complexity; and
NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, CALTRAIN and CITY agree as follows:
TERMS OF AGREEMENT
1. Notice to Proceed and Notice of Completion of Services
(a)
CALTRAIN shall commence services upon receipt of a Notice to Proceed (NTP) from the CITY. Notice shall be deemed to have occurred three calendar days after deposit in the regular course of the United States mail.
(b)
CALTRAIN shall provide written notice to the CITY when the services, as defined in Section 2, Scope of Work, and Appendix A, attached hereto and incorporated herein, have been completed to the CITY’s satisfaction. The CITY will have 14 calendar days to review and approve the completion by issuing a Notice of Final Acceptance, and such approval shall not be unreasonably withheld. Once the CITY has issued CALTRAIN a written Notice of Final Acceptance, CALTRAIN shall not incur any further costs hereunder.
2. Scope of Wo rk
The Scope of Work for this Agreement shall be as set forth in Appendix A, Scope of Work, provided that the Scope of Work is subject to change upon mutual agreement in writing as described in Section 25, Amendments.
3. Project Delivery Process & Schedules
3.1 Capital Projects Delivery
CALTRAIN has an internal capital projects delivery process that defines distinct phases and periodic check-ins after each project phase. This methodology is used as quality control oversight by CALTRAIN leadership to ensure that projects proceed in alignment with scope, budget, and schedule as approved in the capital budget. The span of this Agreement is included as part of Phase Gate 2.
3.2 Milestones
This information provided in Section 3.2 herein is offered for reference. As project-specific schedules are developed, these check -in points will be identified as milestones in accordance with this process (See Appendix F, Caltrain Phase/Gate Process). For this Project, initial estimated milestone dates are:
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Service Agreement
4 Gate 1 - Project Initiation Jan 28, 2022
Gate 2 - 15% Development Complete Sept 2023
Gate 3 - 35% Development Complete TBD
Gate 4 - 65% Development Complete TBD
Gate 5 - 100% Development Complete TBD
Gate 6 - Substantial Completion TBD
Gate 7 - Start-Up / Turnover Complete TBD
Gate 8 - Project Closeout Complete TBD
As it relates to Agreement tasks, the timelines and milestones are included in Appendix B, Service Agreement Tasks Schedule. These timelines may be adjusted as circumstances require upon the written agreement of the parties, which shall not be unreasonably withheld.
4. Work Product Review Periods
The estimated timeline above includes CITY and CALTRAIN review periods.
CALTRAIN will require four weeks to perform review of one design option. Rounds of review will include the technical and constructability evaluation, CALTRAIN ’s consolidated comments that integrate engineering, operations and maintenance needs, urban design and walking, bicycling, and bus/shuttle access improvement considerations, community outreach, and review of cost estimates. The duration of these reviews are an estimation based upon the size and complexity of the Project, and CALTRAIN will endeavor to meet the timeframes.
The CITY will require up to four weeks to review documents produced by CALTRAIN . CALTRAIN will require up to four weeks to incorporate the comments of the CITY into the deliverables.
5. Budget, Reporting, and Payment
As consideration for the services provided by CALTRAIN under this Agreement, the CITY will pay the costs for CALTRAIN ’s services, as provided herein. Costs associated with activities described within this Agreement have been calculated based on CALTRAIN’s current understanding of the Project to date and information provided by the CITY. CALTRAIN will bill the CITY for actual staff time spent working on the project at the billing rates described in section 5.4 below, which may be less than the total not to exceed budget. Every effort will be made by all parties to keep the overall Project’s cost as low as possible while delivering the intended scope and objectives within schedule.
5.1 Budget (Not-to-exceed)
In no event shall the total amount of compensation payable under this Agreement exceed the sum of $373,276 of which $86,141 is included as contingency f unds, unless upon written modification of this Agreement in accordance with Section 2 5, Amendments, below. Contingency provides funds for additional hours and is applied to the total cost for each task, including consultant costs. Contingency funds will not be utilized without prior written authorization from the CITY (email is acceptable).
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Service Agreement
5 Compensation shall not exceed the budget amounts set forth in Appendix C, Service Agreement Tasks Budget.
CALTRAIN will notify the CITY when 80% of the non-contingency funds (i.e., 80% of $ 287,135) has been expended. If warranted, CALTRAIN and the CITY will discuss use of P roject contingency funds or initiate work on a budget amendment. If no agreement has been reached by the two parties within 60 days of initiating discussion on use of contingency funds or a budget amendment, then CALTRAIN will cease work on the Project until issue is resolved.
5.2 Invoices
CALTRAIN will invoice the CITY for work performed under this Agreement quarterly in arrears.
When applicable, copies of pertinent financial records will be included with the submission of billing(s) for all direct reimbursables. All invoices, including detailed backup, shall be sent to CITY of Sunnyvale, attention Accounts Payable, P.O. Box 3707, Sunnyvale, CA 94088-3707 with the CITY Project Manager copied. Electronic submittals of invoices are acceptable and should be sent to Accounts Payable ([email protected]), th e CITY’s Project Manager (Angela Obeso, [email protected]), and the CITY’s Department of Public Works Purchasing Liaison (Stacy De Benedetti, [email protected]). T he quarterly progress reports discussed above will be submitted with the invoices and will cover the same time periods.
Payment by the CITY is due 45 calendar days from receipt by the CITY of itemized invoices, in triplicate if submitted in hard copy. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the task numbering stipulated in Appendices B and C , Service Agreement Tasks Schedule, and shall reference the Project title. The final invoice must contain the final cost and all credits due the CITY. The final invoice should be submitted within 60 calendar days after completion of CALTRAIN’s work pursuant to this Agreement.
5.3 Progress Reports
CALTRAIN will provide the CITY with quarterly progress reports on expenditures and deliverables, and the CITY will provide CALTRAIN with quarterly progress reports on work activities completed and Project status.
CITY quarterly progress reports will be provide d to CALTRAIN upon completion of the most recent work quarter and will include, but is not limited to, the following information:
• General project status, including anticipated milestones; • Funding status updates;
• Three-month lookahead for project activities;
• Community outreach updates; and
• City Council engagement updates.
CALTRAIN quarterly progress reports will accompany invoices, when applicable . The CALTRAIN quarterly progress report submittal timelines will follow invoicing timelines and will include , but is not limited to, the following information:
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Service Agreement
6 • Tasks worked on and a summary of activities performed within each task; • Tasks completed, if applicable;
• CALTRAIN staff that charged time to/worked on each task including names, titles, and billing rates;
• Quantity of time that staff charged to/worked on each task; • Amount of Agreement budget spent during the reporting quarter, by task; • Amount of Agreement budget spent to date, by task;
• Remaining Agreement budget, by task, in dollars and percentage; • Any milestones achieved;
• Updated schedule of task start and end dates and durations, including activities and tasks both completed and not yet completed;
• General project status description; and
• Anticipated activities to be performed and tasks to be completed in upcoming quarter.
5.4 CALTRAIN Fully Burdened Unit Cost Rates
CALTRAIN’s billing rates are designed to ensure reimbursement of actual costs to CALTRAIN for provided services on third-party projects.
CALTRAIN’s billing rates include actual salaries and fringe benefit costs, which are billed as direct labor costs. Additionally, CALTRAIN rates also include indirect labor costs in the form of Internal Cost Allocation Plan (ICAP) rates, which reflect actual overhead costs that are not efficient to charge directly to the Project, such as financial services. ICAP rates are also applied to outside consultant costs.
Both fringe benefit costs and estimated ICAP rate are updated on a fiscal year (FY) basis. More details on the current rates applied to San Mateo County Transit District (District) labor including CALTRAIN, Consultants and Non-labor, in Appendix D, Caltrain Fully Burdened Unit Cost Rates.
CALTRAIN may submit a written request to the CITY for annual labor rate escalation no later than 30 days before the start of the succeeding fiscal year, to be effective the first day of the subsequent fiscal year, or the date of CALTRAIN ’s request, whichever date is later. CALTRAIN may also submit a written request to the CITY for labor rate changes upon staff changes. Increases in future negotiated fully burden billing rates are further detailed in Appendix D, Caltrain Fully Burdened Unit Cost Rates.
CALTRAIN’s requests for new rates shall be subject to approval by the CITY, which approval shall not be unreasonably withheld.
6. T
erm of Agreement
It is understood by all parties that this Agreement will terminate on July 31, 2026, unless it is mutually agreed upon by both CALTRAIN (e.g., Capital Development PM) and the CITY (e.g., Public Works Director) to extend the duration of this Agreement or terminated before the term of the Agreement pursuant to Section 14, Termination, below.
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Service Agreement
7 7. Standard of Workmanship
CALTRAIN agrees that any work performed by any consultant to CALTRAIN must be of a quality acceptable to the City of Sunnyvale and that CALTRAIN will include the following language in any agreement with a ny contractor who is selected by CALTRAIN to perform work pursuant to this Agreement:
CONSULTANT represents and maintains that it is skilled in the professional skills necessary to perform the services and its duties and obligations, expressed and implied, c ontained herein, and CALTRAIN expressly relies upon CONSULTANT’s representations regarding its skills and knowledge. CONSULTANT shall perform such services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
The plans, designs, specifications, estimates, calculations, reports, and other documents furnished under the Scope of Work shall be of a quality acceptable to CALTRAIN and the City of Sunnyvale. 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 CALTRAIN and the City of Sunnyvale for similar projects.
8. R ight of CITY to Inspect Records
The 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, timecards of CALTRAIN for the purpose of verifying any and all charges made by CALTRAIN in connection with this Agreement . CALTRAIN shall maintain for a minimum period of three years from the date of final payment to CALTRAIN 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 the CITY by CALTRAIN. Any expenses not so recorded shall be disallowed by the CITY.
9. C onfidentiality of Materials
All ideas, memoranda, specifications, plans, calculations, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for CALTRAIN and all other written information submitted to CALTRAIN in connection with the performance of this Agreement shall be held confidential by CALTRAIN and shall not, without the prior written consent of the CITY , be used for any purposes other than the performance of the Project services, nor be disclosed to an entity not connected with the performance of the Project services. Nothing furnished to CALTRAIN which is otherwise known to CALTRAIN or is or becomes generally known to the related industry shall be deemed confidential. CALTRAIN shall not use the 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 the CITY.
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Service Agreement
8 10. Ownership of Materials
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 deve loped, collected, prepared or caused to be prepared, under this Agreement shall be the property of the CITY, but CALTRAIN may retain and use copies thereof.
The CITY shall not be limited, in any way, in its use of said material, at any time, for work assoc iated with Project. However, CALTRAIN 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.
11. R
eco rds, Reports and Documentation
CALTRAIN shall maintain complete and accurate records of its operation, including any and all additional records required by the CITY in writing. CALTRAIN shall submit to the CITY any and all reports concerning its performanc e under this Agreement that may be requested by the CITY in writing. CALTRAIN agrees to assist the CITY in meeting the CITY's reporting requirements to the state, VTA, and other agencies with respect to CALTRAIN’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.
12. Ho ld Harmless/Indemnification
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead CALTRAIN and City agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, or any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officer, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Agreement. 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. Parties’ responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement.
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Service Agreement
9 13. Insurance Requirements
The CITY requires that CALTRAIN maintain insurance requirements on the Pacific Insurance Network System (PINS). CALTRAIN shall maintain at its own expense during the life of this Agreement policies of insurance as specified in Appendix G attached and incorporated by reference, and shall provide all certificates and endorsements as specified in Appendix G through PINS for approval by the City Risk Manager prior to CALTRAIN (or any contractor or subcontractor) commencing any work under this Agreement.
14. T ermination
(a) If CALTRAIN defaults in the performance of this Agreement, or materially breaches any of its provisions, then the CITY at its option may terminate this Agreement by giving written notice to CALTRAIN. In the event of such termination, CALTRAIN 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 the CITY to terminate. CALTRAIN shall present the CITY with any work product completed at that point in time. (b) Without limitation to such rights or remedies as the CITY shall otherwise have by law, the CITY also shall have the right to terminate this Agreement for any reason upon 10 days' written notice to CALTRAIN. In the event of such termination, CALTRAIN 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 the CITY to terminate. CALTRAIN shall present the CITY with any work product completed at that point in time. (c)
If the CITY fails to pay CALTRAIN, CALTRAIN at its option may terminate this Agreement if the failure is not remedied by the CITY within 30 days after written notification of failure to pay.
15. No tices
All notices required by this Agreement, other than invoices for payment which shall be sent directly to Accounts Payable, shall be in writing, and sent by first class with postage prepaid, or sent by commercial courier, to address below.
Nothing in this provision shall be construed to prohibit communication by more expedient means, such as by email or fax, to accomplish timely communication. Each party may change the address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of three (3) business days after mailing.
To CITY: Angela Obeso, Project Manager
Department of Public Works, Division of Transportation and Traffic
CITY OF SUNNYVALE
456 W. Olive Ave.
Sunnyvale, CA 94086
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Service Agreement
10 To CALTRAIN:
Mike Rabinowitz
Planning Administrator, Caltrain Planning
Peninsula Corridor Joint Powers Board
1250 San Carlos Ave. San Carlos, CA 94070
16. A ppendices
All Appendices referenced herein are attached hereto and incorporated herein.
17. C ompliance with Laws
The parties shall observe and comply with all Federal, State, and local laws, rules, ordinances, and regulations affecting the conduct of services provided and the performance of all obligations undertaken by this Agreement.
18. No Joint Employers
All persons employed by CALTRAIN in connection with this Agreement are not employees of the CITY in any respect. CALTRAIN is responsible fo r obtaining statutory Workers’ Compensation coverage for its employees.
19. No Pledging of CITY’s Credit
Under no circumstances shall CALTRAIN have the authority or power to pledge the credit of the CITY or incur any obligation in the name of the CITY.
20. C onflict of Interest
CALTRAIN shall avoid all conflicts of interest, or appearance of conflict, in performing the services and agrees to immediately notify the CITY of any facts that may give rise to a conflict of interest.
CALTRAIN is aware of the prohibition that no officer of the CITY shall have any interest, direct or indirect, in this Agreement or in the proceeds thereof. During the term of this Agreement CALTRAIN shall not accept employment or an obligation which is inconsistent or incompatible with CALTRAIN’s obligations under this Agreement.
21. O ther Agreements
This Agreement shall not prevent either Party from entering into similar agreements with others.
22. 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.
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Service Agreement
11 23. Waiver
Neither the CITY’s review, acceptance nor payment for any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and CALTRAIN shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by CALTRAIN ’s negligent performance of any of the services furnished under this Agreement.
Any acceptance by the CITY of plans, specifications, calculations, construction contract documents, reports, diagrams, maps and other material prepared by CALTRAIN shall not, in any respect, absolve CALTRAIN for the responsibility CALTRAIN 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.
Furthermore, CALTRAIN agrees that waiver by the 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.
24. G overning Law
This Agreement shall be interpreted, construed, and enforced in accordance with the laws of California.
25. A mendments
This Agreement may be amended at any time and from time to time, provided that such amendments are in writing and executed by both Parties.
26. N o Assignment of Agreement
CALTRAIN binds 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 the CITY. However, claims for money due to or to become due to CALTRAIN from the CITY under this Agreement may be assigned by CALTRAIN to a bank, trust, company or other financial institutions, or to a trustee in bankruptcy, provided that written notice of any such assignment or transfer shall be first furnished to the CITY. Any such assignment shall not relieve CALTRAIN from any liability under the terms of this Agreement.
27. S
everability
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.
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Service Agreement
12 28. 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.
29. Mi scellaneous
Time shall be of the ess ence 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.
30. E
ntire Agreement
This Agreement constitutes the entire agreement of the Parties with respect to its subject matter and supersedes any prior oral or written understanding on the same subject.
31. Si gnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of CALTRAIN and the CITY. This Agreement shall insure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
REMAINDER OF PAGE INTENTIONALLY BLANK.
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Service Agreement
13 IN WITNESS WHEREOF, CALTRAIN and the CITY execute this Agreement as follows with the intent to be legally bound:
PENINSULA CORRIDOR JOINT POWERS CITY OF SUNNYVALE (“CITY”) BOARD (“CALTRAIN”)
By: By:
__________________________________ ___________________________________ Michelle Bouchard
Tim Kirby,
Executive Director Interim City Manager
__________________________________ ___________________________________ Date Date
Approved as to Form: Approved as to Form:
__________________________________ ___________________________________ James C. Harrison Susan Yoon
General Counsel Assistant City Attorney
__________________________________ ___________________________________ Date Date
Attachment 4
14 Appendix A – Scope of Work
1. Project Management
CALTRAIN will provide a Project Manager who is knowledgeable about the project and CALTRAIN processes, and who will lead the coordination and reporting efforts among CALTRAIN, CITY, and VTA staff. The CITY will provide a Project Manager who is knowledgeable about the project and the CITY’s processes, and will be the main point of contact for CALTRAIN and VTA.
Due to the federal funding to be used for the design and construction of the Project, the project managers from all Parties must be familiar with the Caltrans Local Assistance processes. Caltrans Local Assistance has been granted authority by the Federal Highway Administration to administer federal funding. The project phases, from environmental clearance through construction, must comply with the Caltrans Local Assistance requirements. It is expected that the agency responsible for the project delivery of the phase will be responsible for adhering to these requirements. For example, the CITY is delivering the environmental clearance phase and therefore will be responsible for adhering to the requirements through the completion of the environmental clearance phase.
2. T
echnical Review and Coordination up to 35% Engineering Design
To support the review and coordination of the 35% engineering design and activities, the following tasks described in this Scope of Work will be completed by the parties under this Agreement:
o The CITY will provide CALTRAIN with the available deliverables listed in the Preliminary (15%) Design Submittal Checklist (See Appendix E) at the execution of this Service Agreement.
The items not available at the end of 35% Engineering design phase will be included to the deliverables developed during the final design phase, unless they are required to perform and complete the Environmental Clearance processes.
• The Project will be subject to one (1) round of CALTRAIN technical review. This technical review effort culminates with the production of design comments submitted to the City and typically includes the following activities:
• Identify potential impacts to JPB facilities and their access as well as impacts to operations and maintenance for the selected Eastern Option. • Identify potential access impacts to JPB facilities as they relate to people walking, biking, and using buses or shuttles to access project facilities, if applicable. This includes wider streets, less direct routes, or degradation of existing facilities. • Identify specific CALTRAIN owned or managed facilities that may be affected by the selected option (Third-party fiber optic cable, CALTRAIN fiber backbone, Signal and Communications, Overhead Catenary Systems, Track, Right-of-Way access, etc.). • Identify construction access and temporary laydown or staging areas. • Provide any clearances that will need to be considered as part of final design – separation from track (vertical and horizontal), separation from catenary, clearance to utilities, etc.
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Service Agreement
15 • Consider potential environmental impacts, as well as necessary environmental clearance and resource agency permits for JPB to obtain at later design stages. • Include any considerations the CITY should be aware of to reduce risk/cost. • Review of engineer’s cost estimates for the option selected. • Upon completion of CALTRAIN’S technical review, it is anticipated that CALTRAIN and the CITY will meet up two (2) times to discuss the technical review comments.
These meetings will serve to confirm project information, address any questions, and resolve any outstanding matters related to the technical review topics. o It is CALTRAIN’s understanding that the CITY’s design consultant will be unable to integrate refinements based on CALTRAIN’s detailed design comments. Therefore, CALTRAIN will assume responsibility for integrating the design refinements necessary to advance the 35% designs for environmental clearance. Any other comments or refinements not required for environmental clearance will be addressed by CALTRAIN during the final design phase. To facilitate the necessary refinements for environmental clearance:
• The CITY will remit to CALTRAIN the native versions (CAD files, Word document, Excel Spreadsheet, GIS Data file, etc.) of the design documents that CALTRAIN has reviewed.
• CALTRAIN will edit these design documents as necessary to integrate the needed refinements for environmental clearance.
• These edited document versions will serve as the basis for advancing the project to environmental review and initiation of final design.
o CALTRAIN also typically participates in the following types of activities:
• Ongoing project coordination among the Cities of Sunnyvale and Mountain View, VTA, and CALTRAIN staff (planning, engineering, operations, maintenance, outreach if applicable).
• As-needed coordination with County of Santa Clara, for potential impacts to County right-of-way and encroachment permit and/or easement or other right-of-way process. • Coordinate up to three (3) meetings among the Cities of Sunnyvale and Mountain, VTA, and CALTRAIN staff.
• Provide technical input and expertise, including participation in the CITY’s working meetings with their design planning consultant and support.
3. R
eview City CEQA and Issue CEQA Determination
To support the CITY’s environmental clearance and coordination, the following tasks described in this Scope of Work will be completed by CALTRAIN under this Agreement:
o CALTRAIN implementation of a CEQA Notice of Determination (NOD) upon final review of CEQA Clearance documentation and 35% design deliverables. o CALTRAIN Board NOD Approval and subsequent NOD filing.
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Service Agreement
16 4. FTA NEPA Clearance
To complete the CALTRAIN required NEPA environmental clearance requirements, the following tasks described in this Scope of Work will be completed by CALTRAIN under this Agreement:
o CALTRAIN review of NEPA technical studies and environmental documentation prepared by CITY and incorporation into FTA’s Region 9 requirements as applicable. o CALTRAIN implementation of additionally required NEPA technical studies and preparation of additionally required environmental documentation in accordance with FTA’s Region 9 requirements.
o CALTRAIN coordination with FTA through NEPA clearance process and any regulatory agency if required by a specific Section of NEPA (i.e., Section 106, 4(f), etc.)
Completion of these tasks includes but is not limited to the following activities: Review of design for identification of environmental impacts to be considered under federal regulations; presentations and coordination with FTA Region IX; preparation of technical studies as required by NEPA; implementation of federal processes as required by NEPA (i.e., Section 106); preparation of a draft Documented Categorical Exclusion (DCE); response to comments from FTA; preparation of final DCE; and obtaining NEPA clearance.
5. E
xclusion from Scope of Work
This scope of work does not include performing 35% to 100% engineering design. These tasks will be performed under a separate Cooperative Agreement.
If the CITY elects to advance the project beyond the Preliminary Engineering Design and Environmental Clearance phase to develop the design for construction, CALTRAIN will assume the project delivery lead when this phase and its deliverables are completed, and a Cooperative Agreement will be established that addresses funding, roles and responsibilities, budgets, and schedule for the subsequent phases. Continued discussion between CALTRAIN and VTA about leveraging their respective teams’ expertise and long-established relationships (also referred to as an “integrated team approach”) will inform the Cooperative Agreement.
This Agreement does not include an analysis for Alternative Contract Delivery, development and execution of the Cooperative Agreement mentioned above, and preparation of one or more Requests for Proposals (RFPs) for advancing the project beyond the Preliminary Engineering (PE)/Environmental Clearance phase into final design and construction in accordance with the consensus alternative delivery method recommendation. It is understood by the parties this work will be performed under a subsequent Agreement after the work associated with Coordination up to 35% Engineering Design and CITY’s Environmental Clearance is complete.
Attachment 4
17 Appendix B – Bernardo Avenue Undercrossing Service Agreement Tasks Schedule
Attachment 4
18 Appendix C – Bernardo Avenue Undercrossing Service Agreement Tasks Budget (Not-to-exceed)
1. These FB Unit Cost Rates are offered as placeholders. They will be updated prior to this Agreement gets executed by Caltrain and the project sponsor.
2. These FB Unit Cost Rates are offered as placeholders. They may or may not be updated prior to this Agreement getting executed.
Caltrain Fully
Burdened Unit Cost
Rates
(FY24)
Position Staff Name Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee $ 202.00 Chief, Rail Robert Barnard $ - 8 $ 1,616 $ - $ - 8 $ 1,616 169.00$ Deputy Director, Capital Program Delivery Jianmin Fong $ - 28 $ 4,732 $ - $ - 28 $ 4,732 136.00$ Senior Project Manager TBD 12 $ 1,632 24 $ 3,264 $ - $ - 36 $ 4,896 115.00$ Senior Structural Engineer Letitia Yeung $ - 30 $ 3,450 $ - $ - 30 $ 3,450 167.00$ Acting Director, Engineering Bin Zhang $ - 20 $ 3,340 $ - $ - 20 $ 3,340 174.00$ Deputy Director, Engineering TBD $ - 30 $ 5,220 $ - $ - 30 $ 5,220 2 121.00$ Senior Track Engineer TBD $ - 20 $ 2,420 $ - $ - 20 $ 2,420 194.00$ Chief, Planning Dahlia Chazan $ - 10 $ 1,940 $ - $ - 10 $ 1,940 1 273.00$ Capital Planning Support-Contractor* Dennis Kearney 32 $ 8,736 34 $ 9,282 $ - $ - 66 $ 18,018 110.00$ Principal Planner, Capital Planning Mike Rabinowitz 14 $ 1,540 12 $ 1,320 $ - $ - 26 $ 2,860 117.00$ Principal Planner, Access Planning Dan Provence $ - 28 $ 3,276 $ - $ - 28 $ 3,276 1 272.00$ Captial Planning Support-Contractor* Jill Gibson $ - 10 $ 2,720 $ - $ - 10 $ 2,720 1 142.00$ Captial Planning Support-Contractor* Jack Park 36 $ 5,112 38 $ 5,396 $ - $ - 74 $ 10,508 1 175.00$ Utility Coordinator TBD $ - 0 $ - $ - $ - 0 $ - 173.00$ Director, Rail Maintenance Robert Scarpino $ - 4 $ 692 $ - $ - 4 $ 692 134.00$ Manager, Maintenance of Way Eric Stocklmeir $ - 7 $ 938 $ - $ - 7 $ 938 106.00$ Engineer III, Right of Way TBD $ - 4 $ 424 $ - $ - 4 $ 424 143.00$ Manager, Signals & Grade Crossings Rick Bartholomew $ - 4 $ 572 $ - $ - 4 $ 572 330.00$ Rail Administration Mike Meader $ - 2 $ 660 $ - $ - 2 $ 660 103.00$ Rail Safety Officer Leo De la Cruz $ - 8 $ 824 $ - $ - 8 $ 824 117.00$ Cap Projects & Env. Pl, Manager Bonny Oconnor $ - 10 $ 1,170 31 $ 3,627 66 $ 7,722 107 $ 12,519 2 100.00$ Project Controls Analyst Asad Ziaei 18 $ 1,800 0 $ - $ - $ - 18 $ 1,800 413.00$ Legal Counsel TBD $ - 0 $ - $ - $ - 0 $ - 2 101.00$ Government Affairs Officer Baltazar Lopez $ - 28 $ 2,828 $ - $ - 28 $ 2,828 2 60.00$ Public Affairs Specialist Isabella Conferti $ - 8 $ 480 $ - $ - 8 $ 480 2 115.00$ Government Affairs Acting Manager TBD $ - 6 $ 690 $ - $ - 6 $ 690 2 126.00$ Surveyor- Real Estate and Prop Dev Julia MacRory $ - 3 $ 378 $ - $ - 3 $ 378 2 131.00$ Manager, Real Estate and Prop Dev Janni Baugh $ - 5 $ 655 $ - $ - 5 $ 655 2 161.00$ Director, Real Estate and Development Brian Fitzpatrick $ - 3 $ 483 $ - $ - 3 $ 483 Lump Sum $ 15,330 $ 41,184 $ 138,642 $ 195,156 112 $ 18,820 384 $ 77,140 31 $ 44,811 66 $ 146,364 593 $ 287,135 30% $ 5,646 $ 23,142 $ 13,443 $ 43,909 $ 86,141 $ 24,466 $ 100,281 $ 58,254 $ 190,274 $ 373,276
*
** Rounded up to the nearest w hole number
Ta sk 1
Project Management
Ta sk 3
Review City CEQA-Issue
CEQA Determination
Ta sk 4
FTA NEPA Clearance
Capital Delivery
G&CA
Legal Counsel
Projects Controls
Environmental
Rail Operations and Maintenance
Design & Construction
Construction Services
Planning
Rail Safety and Administration
Task Totals
Adjustment Rates
Task Subtotals
Total estimated budget of Service Agreement**
Estimated consultant cost includes 4% Caltrain ICAP rate.
Infrastructure Engineering
Consultant Costs*
Environmental Planning Support
Contingency**
Ta sk 2
Tech Review/Coord Totals
Attachment 4
19 Appendix D- Caltrain Fully Burdened Unit Cost Rates, Fiscal Year 2024
Effective July 1, 202 3; the ICAP rate (3.22%) should be applied to District labor, Consultants , and Non-Labor while the fringe rate (63.55%) is only applied to district labor to calculate a fully burdened rate for purposes of external agreements with the District. All these rates will be updated annually, and the District reserves the right to update rates a maximum of one time during the year . If warranted, the District will communicate all such changes in writing.
The San Mateo County Transit District (District) provides motorbus, paratransit and shuttle service in San Mateo County. The District also administers and manages the day -to-day operations of the Peninsula Corridor Joint Powers Board (PCJPB)/Caltrain ); San Mateo County Transportation Authority (TA); and San Mateo County Express Lane Joint Powers Authority (JPA). The District uses cost a llocation and rate setting methodologies to assign and recover costs incurred by providing services shared by all agencies.
ICAP Rate
Caltrain’s audited ICAP rate is set in accordance with the Office of Management and Budget, Chapter 2 of the Code of Federal Register Part 200 on uniform administrative requirements, cost principles, and audit requirements for federal awards. Caltrain’s FY2023 ICAP rate was 3.45% and FY2024 ICAP rate decreased to
3.22% (Current). The ICAP rate is not annually compounded but is a fixed annual rate that is updated annually subject to audit by the FTA through the triennial audit.
Agency Indirect Costs (AIA): O
nsite consultants and non-labor items are “grossed up” to add in Agency Indirect Costs (AIA) and Capital Overhead . Ta ken together, these components are referred to as the Internal Cost Allocation Plan Rate, which is supported by an audited Internal Cost Allocation Plan (ICAP) using statistics appropriate to the costs allocated. AIA costs benefit all agencies and include staff in support departments such as Human Resources, Information Technology and Telecommunications, Treasury, Accounting and Budgets, Security, Facilities Maintenance and Contracts & Procurement. All staff time devoted to shared service activities are recorded to the AIA project category within the accounting system. Annually, AIA costs are allocated to the appropriate benefiting agencies through the ICAP.
Capital Overhead: Capital costs associated with pooled support costs that cannot be directly att ributed to a specific capital project, including labor and non -labor costs specific to each agency’s capital projects, are recorded to the Capital Overhead project within the accounting system. A rate is used to charge for the three categories of costs. The rates are calculated and updated on an annual basis.
Fully Burdened Rate for E
mployees: Unit Cost + ICAP + Fringe Benefits
The fully burdened rate for employee includes the ICAP rate shown above, and also includes Employee Fringe Benefits. Fringe benefits cover costs associated with payroll taxes, pension plan contributions, group insurance premiums (medical, dental, vision coverages), life insurance, long-term disability, unemployment insurance, and Attachment 4
Service Agreement
20 paid time off (PTO). These costs are initially paid by the District and charged to benefitting agencies through the application of a fringe benefit rate.
Fully Burdened Rate for Consultants and Non-Labor Items: Unit Cost + ICAP Consultants working on the project are limited to base rate increases annually to the February Year -Over-Year Consumer Price Index for All Urban Consumers – San Francisco ( YOY CPI-U San Francisco) . When consultant invoices are passed through to the partner agencies, the ICAP Rate (3.22%) is applied on the unit cost to calculate the fully burdened rate. The ICAP rate, in the context of the consultant's applied rate, is not a profit for the agency, but a method to recover the Capital Admin Funds that cover all the additional, indirect, and incidental costs incurred to the agency with hiring and retaining a consultant.
Attachment 4
Service Agreement
21 Appendix E - Preliminary (15%) Design Submittal Checklist Design Development Drawings by the City’s Design Engineer, if available:
a) Title Sheet, Legend & Index of Drawings
b) Key Map showing Project location
c) Project Typical Sections
d) Critical concept sections
e) Selected Concept Plan & Profile Sheets
f) Existing and Proposed Right-of-Way Information
g) Existing Utilities and conceptual relocation
h) Existing Drainage structures and Water shed information i) Selected concept 3D Rendering
Deliverables and Submittals by the City’s Design Engineer, if available:
a) Design Basis Memorandum.
b) Reports, Exhibits, & Other Documents
i. Preliminary 15% Design Criteria
ii. Preliminary Selected Concept drawings
iii. Preliminary 15% ROW acquisitions, swaps, easements, etc. iv. Preliminary 15% Utility Matrix
v. Preliminary 15% Geotechnical Report
vi. Preliminary 15% Traffic Report including VMT analysis vii. Preliminary 15% Access Improvement Report
viii. Preliminary 15% Environmental Assessment
ix. Preliminary 15% existing drainage and project area water shed delineation x. Preliminary 15% Engineering Estimate with range of probable costs and contingency levels in current and year of expenditure values (escalated to mid-point of construction) xi. Preliminary 15% Design and Construction Schedule Review xii. Comments Resolution Matrix by Caltrain (PL, ENG, and Project Delivery) and the City’s Design Engineer
xiii. Alternative Project Delivery Decision Report
Attachment 4
Service Agreement
22 Coordination Tasks:
This list is offered as a reference and describes the tasks that Caltrain would typically expect the City to perform and report on to Caltrain during the conceptual planning process.
a) Kickoff Meeting with Caltrain (Planning “PL”, Engineering “ENG”, Outreach, and Project Delivery) and the City’s Design Engineer
b) Presentation on project design definition and objectives c) Site visit with Caltrain (PL, ENG, Outreach, and Project Delivery) and the City’s Design Engineer
d) Meeting with Caltrain Operations, Safety, and other stakeholders e) Review of Caltrain design criteria with PL, Outreach, and ENG f) Review of ROW and utilities with Caltrain (PL and ENG), and the City’s Design Engineer g) Topographic survey by the City’s Design Engineer
h) Traffic data collection, including Vehicle Miles Traveled (VMT) analysis, by the City’s Design Engineer
i) A walking audit that identifies existing access concerns and opportunities for improvement with Caltrain (PL, ENG, Outreach & Project Delivery) and the City’s Design Engineer j) Geotechnical investigation with USGS existing data by the City’s Design Engineer k) Various concept options development by Caltrain (PL, ENG, and Project Delivery) and the City’s Design Engineer
l) Concept evaluation and selection recommendation by Caltrain (PL, ENG, Outreach, and Project Delivery) and the City’s Design Engineer
m) Final Selected Concept Value Engineering workshop with Caltrain (PL, ENG, Outreach, and Project Delivery) and the City’s Design Engineer
n) Concept Design development VE implementation by Caltrain (PL, ENG, Outreach, and Project Delivery) and the City’s Design Engineer
o) 15% Design Review meeting and comments resolution with Caltrain (PL, ENG, Outreach, and Project Delivery) and the City’s Design Engineer
Attachment 4
23 Appendix F – Caltrain Phase/Gate Process
Attachment 4
Service Agreement
24 Appendix G – Insurance Requirements for Caltrain
by the Local Project Sponsor
CALTRAIN 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 CALTRAIN, its agents, representatives, or employees.
Minimum Scope and Limits of Insurance. CALTRAIN shall maintain limits no less than:
1. C ommercial General Liability : coverage written on an claims-made basis with limits not less than $1,000,000 per claim and $2,000,000 aggregate for bodily injury, personal injury and property damage.
The General Liability General Aggregate limit must apply per project, not per policy. 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 claim 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. Federal Employers Liability Act (FELA):
coverage with limits not less than $1,000,000 per accident for bodily injury.
Industry Specific Coverages. If checked below, the following insurance is also required:
x Railroad Protection Liability
coverage written on a claims-made basis with limits not less than $1,000,000 per claim and $2,000,000 aggregate for bodily injury and property damage. ISO Occurrence Form shall be at least as board as CG 0035.
x Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $2,000,000 per claim.
x Pollution Liability coverage
with limits not less than $3,000,000 per claim.
Deductibles and Self-
Insured Retentions.
Any deductibles or self-insured retentions must be declared and reviewed by the City of Sunnyvale.
CALTRAIN shall guarantee payment of any losses and related investigations, claim administration and defense expenses within the deductible or self-insured retention.
The aforementioned insurance requirements can be met through any combination of self-insured, primary and excess/umbrella policies that fulfill the stipulated coverage as cited above.
Other Insurance Provisions.
1. D uring the term of the contract, the City of Sunnyvale and Santa Clara Valley Transportation Authority, its officers, officials, employees, agents, and volunteers are to be covered as an additional insured in CALTRAIN’s commercial general liability policy (and if applicable valuable papers, electronic data processing policies) with respect to liability arising out of activities performed by or on behalf of CALTRAIN; products and completed operations of CALTRAIN; premises owned, occupied or used by Attachment 4
Service Agreement
25 CALTRAIN. 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.
2. During the term of the contract, CALTRAIN’s Worker’s Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Sunnyvale.
3. All required policies named above written on a claims-made basis must meet the below requirements:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of contract work.
d. No prior acts exclusion may be added to the policy during the Agreement period. e. The policy must allow for reporting of circumstances or incidents that might give rise to future claims.
4. For any claims related to this project, the CALTRAIN’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 CALTRAIN’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 primary and non-contributory insurance requirements for the benefit of City (if agreed to in a written contract or agreement) until all coverage carried by or available to the Contractor’s primary and excess liability policies are exhausted and before the City’s own Insurance or self-insurance shall be called upon to contribute to a loss.
9. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CALTRAIN’s policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
Attachment 4
Service Agreement
26 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.
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 CALTRAIN requesting proof of insurance for this Contract through the PINS platform ( [email protected]), which include instructions on how to upload insurance documents electronically. CALTRAIN 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
.
CALTRAIN shall provide certificate(s) evidencing renewals of all insurance required herein prior to the expiration date of any such insurance. CALTRAIN shall submit insurance certificates reflecting the policy renewals through PINS. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Contractors and Subcontract
ors
CALTRAIN shall require all contractors and subcontractors to procure and maintain insurance policies subject to these requirements. Failure of CALTRAIN to verify existence of sub-contractor’s insurance shall not relieve CALTRAIN from any claim arising from sub-contractors work on behalf of CALTRAIN.
Attachment 4
Service Agreement
27 Appendix H – Bernardo Avenue Undercrossing Drawings
Conceptual Plans to be inserted in Draft Final.
Actual design drawing package will be submitted
upon execution of this SA.
Attachment 4