DRAFT CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SUNNYVALE AND HYDROSCIENCE ENGINEERS, INC. FOR PROFESSIONAL SERVICES
FOR THE MARY-CARSON WATER PLANT UPGRADE PROJECT
THIS AGREEMENT, dated ______________________________, is by and between the CITY OF SUNNYVALE ("CITY"), a California chartered municipal corporation, and HYDROSCIENCE ENGINEERS, INC ("CONSULTANT"), a California corporation.
WHEREAS, CITY advertised a Request for Proposals (RFP) F25-052 on August 28, 2024 for Professional Services for the Mary-Carson Water Plant Upgrade Project; and
WHEREAS, CONSULTANT submitted a proposal on September 25, 2024; 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 Mary-Carson Water Plant Upgrade Project; 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 “Scope of Work.” All exhibits referenced in this Agreement are attached hereto and are incorporated herein by reference. To accomplish that end, CONSULTANT agrees to assign Jason Crowley, 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 services, including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to satisfactorily complete the services required in this Agreement.
2. Notice to Proceed/Completion of Services
A. CONSULTANT shall commence services upon receipt of a Notice to Proceed from CITY. Notice shall be deemed to have occurred three (3) calendar days after deposit in the regular course of the United States mail.
B. When CITY determines that CONSULTANT has satisfactorily completed the services defined in Exhibit “A,” CITY shall give CONSULTANT written Notice Attachment 1
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." Compensation will not be due until said detailed billing is submitted to CITY within a reasonable time before payment is expected to allow for normal CITY processing. An estimate of the percent of total completion associated with the various categories of the services shall be furnished by CONSULTANT with said billing. When applicable, copies of pertinent financial records will be included with the submission of billing(s) for all direct reimbursables.
Compensation shall not exceed the amounts set forth in Exhibit “B” for each phase. In no event shall the total amount of compensation payable under this agreement exceed the sum of Eight Hundred Thirty-Seven Thousand Seven Hundred Twenty-Nine and No/100 Dollars ($837,729.00) for the duration of the contract, as well as optional services in an amount not to exceed Two Hundred Seventy-Nine Thousand One Hundred Forty and No/100 Dollars (279,140.00) unless upon written modification of this Agreement in accordance with Section 30 below. In no event shall the total amount of compensation payable under this agreement exceed the sum of One Million One Hundred Sixteen Thousand Eight Hundred Sixty-Nine and No/100 Dollars (
$1,116,869.00). 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 Attachment 1
this Agreement, no interest in this Agreement or any of the work provided for under this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of CITY. However, claims for money due to or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company or other financial institutions, or to a trustee in bankruptcy, provided that written notice of any such assignment or transfer shall be first furnished to CITY. In case of the death of one or more members of CONSULTANT's firm, the surviving member or members shall complete the services covered by this Agreement. 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 and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT's representations regarding its skills and knowledge. CONSULTANT shall perform such services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
The plans, designs, specifications, estimates, calculations reports and other documents furnished under the Scope of Work (Exhibit "A”) shall be of a quality acceptable to CITY. The criteria for acceptance of the work provided under this Agreement shall b e 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.
Attachment 1
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 cause of action arising out of the performance of this Agreement and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’s negligent performance of any of the services furnished under this Agreement.
Any acceptance by CITY of plans, specifications, calculations, construction contract documents, reports, diagrams, maps and other material prepared by CONSULTANT shall not, in any respect, absolve CONSULTANT for the responsibility CONSULTANT has in accordance with customary standards of good engineering practice in compliance with applicable Federal, State, County and/or municipal laws, ordinances, regulations, rules and orders.
10. Right of CITY to Inspect Records of CONSULTANT
CITY, through its authorized employees, representatives, or agents, shall have the right, at any and all reasonable times, to audit the books and records including, but not limited to, invoices, vouchers, canceled checks, time cards of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years from the date of final payment to CONSULTANT or for any longer period required by law, sufficient books and records in accordance with generally accepted accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT. Any expenses not so recorded shall be disallowed by CITY.
11. Confidentiality of Material
All ideas, memoranda, specifications, plans, calculations, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY be used for any purposes other than the performance of the Project services, nor be disclosed to an entity not connected with the performance of the Project services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry shall be deemed confidential. CONSULTANT shall not use CITY's name, insignia or distribute exploitative publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.
Attachment 1
12. No Pledging of CITY’s Credit
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.
13. Ownership of Material
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material deve loped, collected, prepared or caused to be prepared, under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof.
CITY shall not be limited, in any way, in its use of said material, at any time, for work 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 defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding u npaid defense costs.
Such defense and indemnification shall not apply in any instance of and to the extent caused by the sole negligence , or willful misconduct of CITY, its officers, employees, agents or representatives.
15. Insurance Requirements
The City requires that CONSULTANT maintain insurance requirements on the Pacific Insurance Network System (PINS). CONSULTANT shall take out and maintain during the life of this Agreement policies of insurance as specified in Exhibit "C" attached and incorporated by reference, and shall provide all certificates and/or endorsements as Attachment 1
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 be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of three business days after mailing.
To CITY: Dennis Ng, Interim Assistant Director/City Engineer Department of Public Works
CITY OF SUNNYVALE
P. O. Box 3707
Sunnyvale, CA 94088-3707
To CONSULTANT: HydroScience Engineers, Inc.
Attn: Mary Hoang, P.E., Vice President
90 E. Taylor St. Ste 200
San Jose, CA 95112
18. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
19. Integrated Agreement
This Agreement embodies the agreement between CITY and CONSULTANT and its terms and conditions. No verbal agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the Attachment 1
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 obligation s 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 conce ptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.
21. Governing Law, Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. Proper venue for legal actions will be exclusively vested in a state court in the County of Santa Clara. The parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara, and waive all venue objections.
22. Records, Reports and Documentation
CONSULTANT shall maintain complete and accurate records of its operation, including any and all additional records required by CITY in writing. CONSULTANT shall submit to CITY any and all reports concerning its performance under this Agreement that may be requested by CITY in writing. CONSULTANT agrees to assist CITY in meeting CITY's reporting requirements to the state and other agencies with 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.
Attachment 1
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 event of such termination, CONSULTANT shall be compen sated in proportion to the percentage of satisfactory services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.
B. Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY also shall have the right to terminate this Agreement for any reason upon ten (10) days' written notice to CONSULTANT. In the event of such termination, CONSULTANT sha ll be compensated in proportion to the percentage of services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.
C. If CITY fails to pay CONSULTANT, CONSULTANT at its option may terminate this Agreement if the failure is not remedied by CITY within (30) days after written notification of failure to pay.
24. Subcontracting
None of the services covered by this Agreement shall be subcontracted without the prior written consent of CITY. Such consent may be issued with notice to proceed if subcontract consultants are listed in the project work plan.
25. Fair Employment
CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, or any other protected characteristic in violation of federal or state law.
26. Changes
CITY or CONSULTANT may, from time to time, request changes in the terms and conditions of this Agreement. Such changes, which are mutually agreed upon by CITY and CONSULTANT, shall be incorporated in amendments to this Agreement in accordance with Section 30 below.
Attachment 1
27. Other Agreements
This Agreement shall not prevent either Party from entering into similar agreements with others.
28. Severability Clause.
In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain in full force and effect.
29. Captions
The captions of the various sections, paragraphs and subparagraphs, of the contract are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.
30. Entire Agreement; Amendment
This writing constitutes the entire agreement between the parties relating to the services to be performed or materials to be furnished hereunder. No modification of this Agreement shall be effective unless and until such modification is evidenced in writing as an amendment to this Agreement signed by all parties. If the amendment is signed electronically, the digital signatures must comply with the requirements of California Government Code Section 16.5.
31. Miscellaneous
Time shall be of the essence in this Agreement. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision.
Attachment 1
IN WITNESS WHEREOF, the parties have executed this Agreement.
ATTEST: CITY OF SUNNYVALE ("CITY")
By_____________________________ By__________________________
City Clerk City Manager
HYDROSCIENCE ENGINEERS, INC.
("CONSULTANT")
APPROVED AS TO FORM: By
Name/Title
___________________________ By
City Attorney
Name/Title
Attachment 1
Exhibit A
Scope Of Work
Mary-Carson Water Plant Upgrade
UW-22-01
I. General
The City of Sunnyvale is seeking proposals from licensed Engineering firms to provide professional services for design and preparation of bid documents and construction support for Mary-Carson Water Plant Upgrade. The project will replace the mechanical and electrical components of the plant. The scope of work generally includes preparation of: preliminary design, design development, bid documents, and bidding/construction support for Public Works competitive bidding. Ancillary work includes: compliance with CEQA, obtain or prepare all necessary permits, construction cost estimating, schedule monitoring, preparation of reports and recommendations, and project management.
II. Project Information
A. Description
This project will consist of a comprehensive analysis and the replacement of the mechanical and electrical components of the Mary-Carson Water Plant. The pump station should be upgraded to allow for all pumps on site to be electric-driven with a single generator for standby power. Soundproofing of the pump station walls, doors, and roof will be included. Based on the comprehensive analysis to be performed, the project may include seismic upgrades to the pump station, site improvements around the structure including drainage and maintenance access, and any other work necessary at the plant.
The intent of the project is that a fully operational plant built according to the plans and specifications shall be in full compliance of current mechanical and electrical codes; and all permit and regulatory requirements, which include but not necessarily limited to Bay Area Air Quality Management District (BAAQMD), Regional Water Quality Control Board, California Department of Public Health and all other applicable regulatory and permit requirements. Note that the emergency power generation operation and testing must comply with BAAQMD.
B. Location
The project is located at the Mary-Carson water plant grounds, at 155 South Mary Avenue. The surrounding area is primarily residential, with the exception of the westerly boundary which abuts Vargas Elementary School. Access to the site is primarily via driveway from South Mary Avenue. The pump station building is located at the southeast corner of the plant by the driveway from South Mary Avenue. Please see Appendix 1, Location Map for Mary-Carson Water Plan.
C. Existing Conditions
The Mary-Carson water plant is one of the major facilities within the City’s potable water distribution system. It includes two 5 MG storage tanks and a pump station. The mechanical and electrical systems associated with the Mary-Carson Water Plant were built in 1966 and have exceeded their 40 year life expectancy. Equipment replacements and upgrades are necessary to maintain system integrity, conform to new Supervisory Control and Data Acquisition (SCADA) specifications, and to minimize the impact of emergency engine operation on local air quality.
Attachment 1
The plant is currently configured with three pumps on active duty, while the fourth is reserved for emergency events such as a major fire. The fourth pump, which is natural gas engine driven, is the only pump that can presently operate during a power outage.
The existing pumps are located within a pump station with poor noise attenuation.
In addition, there are large trees adjacent to the pump station building that may be causing some root damage to the hardscape next to the building and have the potential to cause major damage if they fell. Minor repairs have been done to the Mary-Carson roof. Repair or replacement along with soundproofing of the roof is required. Please see Appendix 2, Photos of Existing Site Conditions.
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. The following are the detailed scope of services:
Plant Site:
• Evaluate the existing pump station structure and its surrounding equipment serving the pump station for seismic and structural integrity and provide design services for rehabilitation of the pump station structure. • Provide a memorandum with cost estimates, which will summarize the findings and recommendations for rehabilitation of the pump station structure versus full replacement of the pump station building to meet seismic and structural integrity.
The design for full replacement of the pump station building shall be provided as an optional service. The optional service fee shall account for the difference in cost between design services for a rehabilitation and for a full replacement of the pump station building.
• Recommend upgrades to soundproof the pump station to minimize impact to nearby residences.
• Make recommendations for tree branch and/or root trimming or tree removal to prevent tree related damage and to make space for a standalone diesel generator.
• Design a new room within the pump station building with air-conditioning for the new variable frequency drives and other controls in the pump station. The design may or may not include relocating an existing interior wall. • Upgrade the vehicular access to critical areas of the facility and the tanks to asphalt or concrete paving.
• Recommend upgrades to the existing lighting, noise attenuation, sample station, bypass vault lid, exterior walkways, and pump station roofing. • Evaluate the purpose and need for the existing irrigation system. • Evaluate slope stability of the existing moat and site constraint for a water tank overflow.
• The project shall include design of a different pipe configuration that would allow the pumps to draw water from the S. Mary Ave inflow pipe rather than from the tanks. This new configuration will incorporate the pressure relief valve, such that during any overpressure of the discharge side of the pumps, excess water can be routed to the intake side of the pumps.
Equipment:
Attachment 1
• The Consultant shall evaluate all equipment at the plant for replacement or renovation.
• The Consultant shall design the most efficient and best equipment for delivery of potable water.
• Replace pumps and motors with new electrical pumps and motors. Determine the most efficient pump size and type for the application, not necessarily relying upon existing equipment information.
• Evaluate the option to relocate existing conflicts above the pump/motor locations in order to install a rail support system that will allow for efficient removal/lifting of the pumps/motors for maintenance/replacement.
• Recommend replacement for the wooden trough covers where underground equipment is accessed with heavy duty covers in locations that will be necessary to allow for heavy equipment to be moved across.
• Evaluate the existing discharge header for any pinch points along the line and at the flow meter, make recommendation(s) for upsizing as necessary. If during design it is found that the existing transmission main at S. Mary is undersized, make recommendations for upsizing, and size the new pump station to be able to take advantage of a future, larger transmission main.
• Evaluate the existing suction piping for any pinch points from the tank to the pump Station, make recommendation(s) for upsizing as necessary. It is believed that there is a flow restriction in this piping.
• Evaluate the option for high pressure relief valve discharge to loop back and return the discharge to the suction header side.
• Remove existing emergency propane driven engine which is located in a separate room in the pump station. A portion of this space can potentially be used as an electrical room to house the new variable frequency drives and other controls for the pump station. The other portion can potentially be used for an additional pump if necessary. Make recommendations as to whether the existing interior wall should be relocated to adjust the sizes of the two separate rooms. • Design and install a generator set for backup power to the site on an automatic transfer switch and load bank. The generator shall be sized to be able to power all pumps on site. The noise produced from the generator set shall be attenuated so as to not impact nearby residential areas. All noise leaving the site shall be sufficiently attenuated to or below levels stated in the City's noise ordinance. • The generator shall be integrated into the SCADA System and have the ability to be operated in Auto/Manual Modes via SCADA and by an on-site touchscreen panel.
• Design and install an OSHA approved eye wash station per the uniform plumbing code. This eye wash station shall be integrated with Supervisory Control and Data Acquisition (SCADA) and have alarm features, such as flow alarms and status signal.
• Evaluate existing conditions of existing underground piping and provide recommendation(s) for repairs.
• Design and install an approved fire protection system, which shall be integrated with the SCADA System.
• Design vibration sensor, temperature sensors, and oil sensors for the pumps and motors integrated with the SCADA.
• Integrate existing PAX mixers and their wiring into the new pump station design.
Attachment 1
• Provide and integrate a HMI touchscreen panel for SCADA. Currently, the plant uses SCADAPac32 logic controller (PLC) with ClearSCADA software to allow SCADA control.
Miscellaneous:
• The site is located within residential area. Working hours for noise control during construction shall be addressed in the design. In addition, operational noise for all facilities at the plant site shall comply with the City’s noise ordinance. • The designer shall take into account that the site faces space constraint challenges.
• The designer shall require that the contractor shall provide training with handout (paperback and disk) on the proper operation and maintenance of the new facility and equipment, which includes start-up procedures. Two training sessions per topic may be required at the discretion of the City Water Operations Staff. • The designer shall require that the contractor provide graphical representation of plant operation suitable for HMI screen interface display at the plant location.
Graphics and programing shall also be integrated into Master SCADA by a certified ClearSCADA integrator. The City has an approved list. • The designer shall work with PG&E on rebates if available.
The design shall be such that minimal disruption to the existing water system operations is incurred during construction. The replacement of the pumps shall be in phases. The goal is to have the plant operational during construction and only be offline during the electrical switch-over. Plant operations cannot be closed during high demand season of May through September.
Consultant services shall include, but are not limited to: Project management, comprehensive preliminary design study, 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 meeting and prepare action item logs for subsequent follow-up. The consultant is expected to maintain frequent and timely communication with City staff throughout the duration of the project.
All project schedules shall be prepared in Gantt chart format, utilizing Microsoft Project software. Three weeks for each City review shall be included. Schedule updates shall be provided at all progress meetings.
Consultant’s own team should have provisions for quality assurance/quality control over work product prepared for the City. A statement of peer review will be required for overall constructability, coordination, and reasonable reduction in errors and omissions.
The total project budget, including both design and construction is $6,500,000.
Consultant is expected to communicate often and early with respect to the schedule and budget. The consultant shall submit the plans at the 75% submittal stage to the Building Division, per the instructions in Appendix 3: 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.
Attachment 1
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. Comprehensive Preliminary Design Study
The consultant shall provide a comprehensive conditions assessment to confirm existing conditions. Consultant shall conduct a hydraulic analysis of the existing pump station, and an analysis of the citywide hydraulic model, to make recommendations for replacement pumps and electrical equipment. The preliminary design study shall additionally cover other project elements: building retrofits or replacement, soundproofing, electrical instrumentation, standby generator/power, vehicle access on site, slope stabilization around the storage tank, permitting, and/or other issues.
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 supporting information outlining pros and cons for each option. 2-3 meetings shall be held to present the findings and design options with the City.
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 4: Labor Compliance.
Plans and specifications shall provide sufficient detail to result in a good quality product while allowing competitive pricing where possible and appropriate and provide options to the contractor where appropriate to obtain the same good level of quality for the best bid price. Plans and specifications shall not specify proprietary products or services.
Specifications shall be prepared in CSI 2020 format.
Attachment 1
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.
Optional Service A – Pump Station Building Replacement: Consultant shall provide additional design fees that will account for the difference in cost between design services for a rehabilitation and a full replacement of the pump station building if it is identified that full replacement of the pump station building is required to meet seismic and structural integrity.
Optional Service B – Tree Removal: Consultant shall provide additional design fees if it is identified that tree removal is desired by the City. This fee shall include any necessary permit coordination.
Optional Service C – Rail Support: Consultant shall provide additional design fees if it is identified that a rail support system for pump/motor removal can be installed within the pump station building.
Optional Service D – Upsize Suction Piping: Consultant shall provide additional design fees if it is identified that the plant’s onsite suction piping, extending from the tanks to the pumps, shall be upsized to improve service.
Optional Service E – Upsize Discharge Piping: Consultant shall provide additional design fees if it is identified that the plant’s onsite discharge piping shall be upsized to improve service.
Optional Service F – Additional Construction Support: Consultant shall provide additional design fees if it is determined that additional construction support is required.
All submittals shall include digital copies (PDF and native format) of all documents.
1. 30% Submittal: Submit an 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. Documentation of outreach with franchise utility companies for facilities needed to be relocated or adjusted to grade as a result of the proposed construction activities.
d. Project schedule update.
e. 30% construction cost estimate.
f. Brief memorandum of determination if the project’s construction activities are within the NPDES Construction General Permit. Include project type and risk level.
g. Table of Contents list for technical specifications.
2. 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 in electronic PDF format.
Attachment 1
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 material testing and associated responsibility o A table list of materials requiring warranties, and associated warranty periods
c. Project schedule update.
d. 75% construction cost estimate in the form of the bid schedule. e. Utility conflicts have been resolved or a timeline for resolution of issues has been determined.
f. Responses to the City’s review comments on the 30% submittal, along with return of mark-ups.
g. Obtain or prepare all necessary permits/applications. h. Other supporting documentation as necessary.
3. 100% Submittal: All issues, prior comments, and concerns must be addressed in this submittal. Submit in electronic PDF format.
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.
Attachment 1
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. Special provisions.
b. Technical specifications, with cover sheet stamped and signed by all necessary disciplines.
3. Final project schedule update.
4. Final construction cost estimate.
E. Bidding Services
Consultant will attend a pre-bid meeting, respond to all bidder’s requests for information (RFIs), and support the City’s coordination efforts to inform plan-holders of significant responses to RFIs and prepare addenda as necessary. During bidding, all proposers’ communications will be directed through the City’s Purchasing Officer.
If addenda to bid documents are extensive and are as a result of consultant’s work product, conformed documents shall be prepared at no expense to the City. City will provide reproduction services.
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 eight (8) 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).
Attachment 1
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 the 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.
IV. Available Documents
The below list of information is available for information only:
• Record drawings. The City does not guarantee the accuracy or completeness of record drawings. Consultant shall verify all information to their professional satisfaction.
o UW-61-48, Water Storage Reservoir, Carson Avenue, 1966 o UW-00/01-03, Municipal SCADA System Improvements, 2004 o UW-17-02, Mary Carson Tank 2 Refurbishment, 2019
• Utility block maps for City sanitary sewer and storm drain are available on the City’s website. City staff will provide water facilities block maps as necessary. https://www.sunnyvale.ca.gov/city-services/online-services/maps-and-gis/utility-maps • Benchmarks for vertical control are listed on the City’s website:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1590/6378208518864 30000
• City standard specifications and details are available on the City’s website – Details:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/2920/6378227417945 30000
Specifications:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1606/6378208519126 70000
The below information will be provided during design to the consultant. • GIS data for property lines, street center lines, and two (2) foot contours • Aerial photographs from 2023 (ArcGIS format)
• City standard plan cover sheet
• Potable Water System Comprehensive Preliminary Design Study Report, dated October 2013
• Water Utility Master Plan, dated November 2010
Attachment 1
• Sunnyvale Water Seismic Study DRAFT, dated May 2024
V. Appendices
1. Location Map – Mary-Carson Water Plant
2. Photos of Existing Site Conditions
3. Building Department Electronic Plan Check Submittal
4. Labor Compliance
Attachment 1
Appendix 1
Location Map for Mary-Carson Water Plant
Attachment 1
Appendix 2 - Photos of Existing Site Conditions
Photo 1. Facing the southeast corner of the pump station building Photo 2. Facing the northeast corner of the pump station building Photo 3. Facing the southwest corner of the pump station building Photo 1A. Existing water sample station (left),
access to discharge flow meter (right)
Photo 2A. Foundation issues on the North end of the
pump station building
Photo 1B. Foundation issues at the southeast
corner of the pump station building
Photo 4. Existing bypass vault lid
Attachment 1
Photo 8. Existing emergency propane driven engine (view 1) Photo 9. Existing emergency propane driven engine (view 2) Photo 5. Room with the existing three active pumps (view 1) Photo 7. Existing pump controls
Photo 6. Room with the existing three active pumps (view 2) Photo 10. Existing Propane Tank located
west of the pump station building
Attachment 1
BUILDING DIVISION REQUIREMENTS
• All building permit applications requiring plan check must be sent to the followi ng email :
[email protected]
• When sending resubmittals, addendums and deferred submittals, note the project address and permit number in the subject field of the email.
INSTRUCTIONS FOR SUBMITTING:
New Bui
lding Permits – All new building permit submittals must include the following documents in .pdf format.
• Permi
t Application – Must be complete with all fields filled in. Applications are available online at https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?BlobID=23617 • Questionnaire for Non-Residential projects – Complete the questionnaire at the end of this handout and include it with your submittal documents.
• Plans – Saved to a single file as one complete set, digitally stamped and signed by a design professional, if applicable.
• Structural Calculations – Digitally stamped and signed by a design professional, if applicable, and saved in a separate file.
• Other Supporting Documents (energy calculations, special inspection forms, etc.) – Saved in a separate file.
• Green Halo Registration – Newly constructed buildings and demolition projects, commercial and residential additions and alterations to non-residential projects must register with Green Halo (GH) to track construction & demolition waste and recycling. Visit Sunnyvale.wastetracking.com to register. A screenshot of your in-progress GH registration, showing the project address and GH tracking number, must be included in your submittal package, if applicable.
Resubm
ittals –
• Submi
t a complete, revised set of plans, calculations and supporting documents with changes clouded. If there have been no changes to the plans and documents, you must still send the latest complete set. It is important that a complete plan set package is submitted at each round of plan check.
• Include a formal response letter addressing all city comments.
Addendums
–
• Submi
t revised sheets only with changes clouded and corresponding revision delta symbols.
Sheets shall be digitally stamped and signed by the design professional, if applicable. • Submit an itemized list of all revisions and addendums organized by page number • Include revised structural calculations, if applicable, with changes clouded and digitally stamped and signed by the Design Engineer.
• A separate file should be included containing a copy of the approved full set of plans for Appendix 3
Attachment 1
reference.
Deferred Submittals –
• Each plan sheet must be digitally stamped and signed with the Design Engineer’s professional stamp and digitally stamped and signed with the EOR review stamp. No typed names or initials will be accepted.
• The first page of the calculations must be digitally stamped and signed with the design Engineer’s professional stamp and digitally stamped and signed with the EOR review stamp.
No typed names or initials will be accepted.
• Include a copy of the approved plan sheet that lists the city-approved deferred items.
Additional Instructions –
• The city can accept a total attachment size of 150 megabytes; however, this number may be limited by your email provider.
• Larger files can be sent through a link to cloud storage. The link cannot require special permissions or login credentials.
• Plan sets must be submitted as one file. Larger plan sets can be organized into separate folders by discipline (Architectural, Mechanical, Electrical, Plumbing, etc). • Structural Calculations, response letters and other supporting documents must be organized into separate folders and not included in the plan set file. • Files should be named so it is clear what they contain, with no internal company file names or file numbers.
Questionnaire for Non-Residential Projects -
1. Is this project associated with an already-approved planning permit?
2. Does the project involve a change of use (ex. previous tenant was an office, new tenant is a restaurant)?
3. Are exterior changes to the building or site proposed (ex. new roof-mounted equipment or trees for removal modifications to the parking lot, new windows or doors)?
4. Is the project proposing any kitchen/café improvements? (This is for Public Works to determine any sewer/water connection fees and updates to the trash management plan.)
5. Is the project going in a new shell building or space that has never been occupied OR an existing building where landlord/market-ready shell improvement is in progress? If yes, provide the building permit number for the shell work. PLEASE NOTE A BUILDING PERMIT
WILL NOT BE RELEASED UNTIL THE SHELL WORK IS COMPLETE OR
SUBSTANTIALLY COMPLETE
Attachment 1
Appendix 4
Labor Compliance
Contractor Registration with the State of California – Contractors, and all applicable subcontractors which are required to pay prevailing wages, must be registered with the State of California, Department of Industrial Relations (DIR) through the Public Works Contractor Registration Program (PWC Registrati on) before bidding, being awarded, or performing work on public works projects in California. This includes those performing surveying work, material testing, inspection, trucking, boring, pot holing, concrete deliveries and temporary service companies who provide workers to prevailing wage contractors. Registration must remain current throughout the project entirety. It is the contractor’s responsibility to not allow their PWC Registration to lapse during the project and to ensure all Subcontractor’s registrations remain current. The Labor Commissioner can assess penalties to public works contractors of up to $10,000, in addition to the registration fee, for failure to register. Awarding agencies are also subject to penalties of $100 a day, up to a maximum of $10,000, for having an unregistered contractor perform work on a public works project. If any penalties are issued to the City for unregistered subcontractors or for a lapse in a contractor/subcontractor’s PWC Registration, these penalties will be passed onto the contractor. A contractor that allows an unregistered subcontractor to work on the project is also subject to penalties of $100 a day up to $10,000. Contractors shall list all applicable PWC registration numbers on the Bid Form.
Hours of Work – Pursuant to Labor Code, Section 1810, eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, worker, or mechanic employed at any time by the contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, work performed by employees of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, Contractor shall forfeit, as a penalty to the City, twenty -five dollars ($25.00) for each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which the laborer, worker, or mechanic is required or permitted to work more than eigh t hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of the Sections of the Labor Code. Such forfeiture amounts may be deducted from the contract sum.
Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each calendar day and each calendar week by each worker employed on the project, which record shall be kept open at all reasonable hours t o 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 pre vailing 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, Depa rtment of Industrial Relations, to which reference is hereby made for a full and detailed description. A copy of the prevailing wage rates may be reviewed in the office of the Director of Public Works, City of Sunnyvale, 456 West Olive Avenue, Sunnyvale, C alifornia. Wage rates can also be obtained through the California Department of Industrial Relations website at: http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor may base any claim against the City.
In case it becomes necessary for Contractor or any subcontractor to employ on the project under this Contract any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, Contractor shall immediately notify the City who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish Contractor with the minimum rate Attachment 1
based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
Prevailing Wage – As identified in the Notice to Bidders, the work contemplated by this agreement is a public work subject to prevailing wages under California Labor Code, Sections 1720 et. seq. The State of California Department of Industrial Relations has ascertained the general prevailing per diem wage rates in the locality in which the work is to be performed for each craft, classification, or type of worker required to perform the work. A schedule of the most recent general prevailing per diem wage rates made available to the City will be on file at the City’s principal facility office and will be made available to any interested party upon request. This prevailing wage rate schedule is provided by the City for Bidder’s information only and 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 amounts may be deducted from the contract sum. Contractor shall also pay to any worker who was paid less than the specified prevailing per diem wage rate for the work or craft for which the worker was employed for any portion of the work, for each calendar day, or portion thereof, for which the worker was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker.
The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rates set forth in the Agreement, including payment in excess of the prevailing wage for extra work paid by force account. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the contractor’s bid and will not, under any circumstances be considered as the basis of a claim against the City under the Agreement.
Certified Payroll Records – Pursuant to Labor Code, Sections 1776 et. Seq., contractor and all subcontractors shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the work. All payroll records shall be certified as being true and correct by contractor or subcontractors keeping such records; and the payroll records shall be provided to the City no later than three weeks after closing of payroll for City-funded projects, and no later than one week for federal aid projects. The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Labor Code section 1776 (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Certified payroll records shall be made available at reasonable hours at the contractor’s principal office to the persons authorized to inspect such records pursuant to Labor Code section 1776.
Certified payroll shall also be made available for inspection upon request by the State of California Division of Labor Standards Enforcement, or the Division of Apprenticeship Standards of the State of California Division of Industrial Relations.
Each contractor and every lower-tier subcontractor will be required to submit certified payrolls and labor compliance documentations electronically via the software LCPtracker. Contractor shall cause all subcontracts to include the provision that all subcontractors submit certified payrolls and labor compliance documentation electronically via LCPtracker.
Electronic submission will be a web-based system, accessed on the World Wide Web by a web browser. Each contractor user will be given a Log-On identification and password to access the City’s reporting system. Access will be coordinated by a City representative.
Attachment 1
Apprentice Program – Attention is directed to State of California Labor Code, Sections 3095, 1777.5, 1777.6, and 1777.7 and Title 8, California Code of Regulations, Section 200, and the applicable Sections that follow.
Responsibility for compliance with these requirements lies with the contractor. To ensure compliance and complete understanding of the law requiring apprentices, and specifically the required ratio thereunder, contractor or subcontractors should, where some question exists, contact the Division of Apprenticeship Standards, 525 Golden Gate Avenue, San Francisco, California, or one of its branch offices prior to commencement of the work. In the event contractor willfully fails to comply with this section, it will be considered in violation of the requirements of the Contract.
Contractor and all of its subcontractors shall abide by the provisions of California Labor Code Section 1777.6 prohibiting discrimination in the acceptance of otherwise qualified apprentices; and California Labor Code Section 3095 which declares the unlawful discrimination in any recruitment or apprenticeship program on stated grounds. City shall be entitled to retain and withhold all penalties as authorized pursuant to California Labor code, Division 2, Part 7, Chapter 1, commencing with Section 1720 and following, in accordance with the provisions of that Chapter, and the regulations established by the Director of Industrial Relations pursuant to the statutory authority of such chapter.
Attachment 1
HydroScience Engineers
Mary-Carson Water Plant Upgrade Project (RFP F25-052)City of Sunnyvale Task Name Duration Start Finish
Notice to Proceed 0 days Mon 12/9/24 Mon 12/9/24
Task A - Project Management 210 days Mon 12/9/24 Fri 10/3/25 Project Administration 210 days Mon 12/9/24 Fri 10/3/25 Kickoff Meeting 0 days Mon 12/9/24 Mon 12/9/24
Task B - Comprehensive Preliminary Design Study 75 days Mon 12/9/24 Tue 3/25/25 Data Collection and Site Visit 5 days Mon 12/9/24 Fri 12/13/24 Hydraulic Modeling Draft TM 15 days Mon 12/9/24 Mon 12/30/24 City Review / Workshop 10 days Tue 12/31/24 Tue 1/14/25 Prepare Final TM 10 days Wed 1/15/25 Tue 1/28/25
Geotechnical Exploration 30 days Mon 12/9/24 Tue 1/21/25 Final Geotechnical Summary Report 15 days Wed 1/22/25 Tue 2/11/25 Final Condition Assessment Report 30 days Mon 12/9/24 Tue 1/21/25 City Review / Workshop 10 days Wed 1/22/25 Tue 2/4/25
Topographic Survey and Tree Evaluation 20 days Mon 12/9/24 Tue 1/7/25 Draft Preliminary Design Study 25 days Wed 1/15/25 Tue 2/18/25 City Review / Workshop 15 days Wed 2/19/25 Tue 3/11/25
Final Preliminary Design Study 10 days Wed 3/12/25 Tue 3/25/25 Task C - Design Development 135 days Wed 3/26/25 Fri 10/3/25 30% Design 25 days Wed 3/26/25 Tue 4/29/25
City Review / Workshop 15 days Wed 4/30/25 Tue 5/20/25
75% Design 40 days Wed 5/21/25 Thu 7/17/25
City Review / Workshop 15 days Fri 7/18/25 Thu 8/7/25
100% Design 25 days Fri 8/8/25 Fri 9/12/25
City Review / Workshop 5 days Mon 9/15/25 Fri 9/19/25
Bid Package 10 days Mon 9/22/25 Fri 10/3/25
Task E - Bidding Services 30 days Mon 10/6/25 Fri 11/14/25 Bidding Services 30 days Mon 10/6/25 Fri 11/14/25
Task F - Construction Support Services 185 days Mon 11/17/25 Fri 8/7/26 Construction 180 days Mon 11/17/25 Fri 7/31/26
Submittal Review / RFI Response 80 days Mon 11/17/25 Thu 3/12/26 Record Drawings 5 days Mon 8/3/26 Fri 8/7/26
Task G - Optional Service 260 days Wed 3/26/25 Thu 4/2/26 Equipment Procurement 260 days Wed 3/26/25 Thu 4/2/26
12/9
12/9
12/13
12/30
1/14
1/28
2/11
1/21
2/4
2/18
3/11
3/25
4/29
5/20
7/17
8/7
9/12
9/19
10/3
8/7
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug 2025 2026
Task Summary
HydroScience Task City of Sunnyvale Task Subconsultant Task Project Milestone Proposed Schedule including Early Equipment Procurement (Optional Service G) Exhibit A-1
Project Schedule
Attachment 1
HydroScience Engineers
Mary-Carson Water Plant Upgrade Project (RFP F25-052)City of Sunnyvale Task Name Duration Start Finish
Notice to Proceed 0 days Mon 12/9/24 Mon 12/9/24
Task A - Project Management 210 days Mon 12/9/24 Fri 10/3/25 Project Administration 210 days Mon 12/9/24 Fri 10/3/25 Kickoff Meeting 0 days Mon 12/9/24 Mon 12/9/24
Task B - Comprehensive Preliminary Design Study 75 days Mon 12/9/24 Tue 3/25/25 Data Collection and Site Visit 5 days Mon 12/9/24 Fri 12/13/24 Hydraulic Modeling Draft TM 15 days Mon 12/9/24 Mon 12/30/24 City Review / Workshop 10 days Tue 12/31/24 Tue 1/14/25 Prepare Final TM 10 days Wed 1/15/25 Tue 1/28/25
Geotechnical Exploration 30 days Mon 12/9/24 Tue 1/21/25 Final Geotechnical Summary Report 15 days Wed 1/22/25 Tue 2/11/25 Final Condition Assessment Report 30 days Mon 12/9/24 Tue 1/21/25 City Review / Workshop 10 days Wed 1/22/25 Tue 2/4/25
Topographic Survey and Tree Evaluation 20 days Mon 12/9/24 Tue 1/7/25 Draft Preliminary Design Study 25 days Wed 1/15/25 Tue 2/18/25 City Review / Workshop 15 days Wed 2/19/25 Tue 3/11/25
Final Preliminary Design Study 10 days Wed 3/12/25 Tue 3/25/25 Task C - Design Development 135 days Wed 3/26/25 Fri 10/3/25 30% Design 25 days Wed 3/26/25 Tue 4/29/25
City Review / Workshop 15 days Wed 4/30/25 Tue 5/20/25
75% Design 40 days Wed 5/21/25 Thu 7/17/25
City Review / Workshop 15 days Fri 7/18/25 Thu 8/7/25
100% Design 25 days Fri 8/8/25 Fri 9/12/25
City Review / Workshop 5 days Mon 9/15/25 Fri 9/19/25
Bid Package 10 days Mon 9/22/25 Fri 10/3/25
Task E - Bidding Services 30 days Mon 10/6/25 Fri 11/14/25 Bidding Services 30 days Mon 10/6/25 Fri 11/14/25
Task F - Construction Support Services 396 days Mon 11/17/25 Mon 5/31/27 Submittal Review / RFI Response 80 days Mon 11/17/25 Thu 3/12/26 Equipment Procurement 260 days Mon 1/19/26 Mon 1/18/27
Construction 180 days Tue 9/15/26 Mon 5/24/27
Record Drawings 5 days Tue 5/25/27 Mon 5/31/27
12/9
12/9
12/13
12/30
1/14
1/28
2/11
1/21
2/4
2/18
3/11
3/25
4/29
5/20
7/17
8/7
9/12
9/19
10/3
5/31
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2025 2026 2027
Task Summary
HydroScience Task City of Sunnyvale Task Subconsultant Task Project Milestone Proposed Schedule without Early Equipment Procurement
Attachment 1
City of Sunnyvale November 21, 2024
Fee Proposal for RFP No. F25-052 Mary-Carson Water Plant Upgrade HydroScience Engineers
ODCs Total
Phase Description
Jason Crowley
Project Manager
Mary Hoang
Principal-in-Charge
Eric Jones
QA/QC
Austin Poulson
Project Engineer
Jonathan Machorro
Hydraulic Modeling
Thinh Le
Electrical/I&C
Angela Singer
Permitting
Mark Dudley
SCADA
Navina Venugopal
Support
Engineer
Anthony Perez
Drafting
Total Hours
Total Labor Costs
VE Solutions
Structural
O'Dell Engineering
Survey
Haley & Aldrich
Geotech
JDH Corrosion
Condition Assessment
Weston & Associates
HVAC
PCSG
Constructability Review
Saxelby Acoustics
Noise Study
Ten Over Studio
Architectural
Other Direct Costs
Total Fee
E-V Prin E-VI E-III E-V E-IX E-VIII E-V E-II CAD LS LS LS LS LS LS LS LS $255 $315 $266 $227 $255 $305 $295 $255 $215 $168
A Project Management 76 26 24 36 8 36 0 20 20 0 246 $64,546 $0 $0 $0 $0 $0 $0 $0 $0 $0 $64,546 B Comprehensive Preliminary Design Study 72 10 16 128 64 40 2 28 132 40 532 $126,172 $1,850 $36,000 $47,042 $37,700 $0 $0 $0 $0 $1,000 $255,894 35% PS&E 40 2 16 120 0 40 0 40 80 80 418 $95,366 $5,000 $0 $0 $0 $3,750 $0 $0 $5,500 $0 $110,329 75% PS&E 40 4 24 120 0 80 24 80 80 100 552 $130,964 $12,000 $0 $0 $0 $5,250 $7,800 $0 $10,500 $0 $168,292 100% PS&E 24 2 16 80 0 24 0 24 40 60 270 $61,286 $4,000 $0 $0 $0 $2,500 $4,650 $0 $15,500 $0 $89,269 D Bid Package 8 1 8 24 0 8 0 16 8 24 97 $22,203 $1,100 $0 $0 $0 $500 $0 $0 $0 $0 $23,883 E Bidding Services 20 2 0 20 0 8 0 0 0 0 50 $12,710 $0 $0 $0 $0 $0 $0 $0 $0 $0 $12,710 F Construction Support Services 80 4 0 158 0 48 0 44 48 24 406 $97,738 $7,400 $0 $0 $0 $3,000 $0 $0 $3,000 $1,000 $112,808 PROPOSAL SUBTOTAL 360 51 104 686 72 284 26 252 408 328 2571 $610,985 $31,350 $36,000 $47,042 $37,700 $15,000 $12,450 $0 $34,500 $2,000 $837,729 Optional Services
A.1 Pump Station Building Replacement 24 2 0 40 0 24 0 0 0 24 114 $27,182 $9,800 $0 $0 $0 $0 $0 $0 $12,000 $0 $50,072 A.2 Pump Station Relocation 40 2 0 100 0 40 0 40 80 80 382 $86,570 $9,800 $0 $0 $0 $0 $0 $0 $12,000 $0 $109,460 B Tree Removal 2 0 0 8 0 0 0 0 0 0 10 $2,326 $0 $12,800 $0 $0 $0 $0 $0 $0 $0 $15,766 C Rail Support 2 0 0 16 0 0 0 0 0 16 34 $6,830 $3,560 $0 $0 $0 $0 $0 $0 $0 $0 $10,568 D Upsize Suction Piping 8 0 0 24 0 0 0 0 0 16 48 $10,176 $0 $0 $0 $0 $0 $0 $0 $0 $0 $10,176 E Upsize Discharge Piping 8 0 0 24 0 0 0 0 0 16 48 $10,176 $0 $0 $0 $0 $0 $0 $0 $0 $0 $10,176 F Additional Construction Support 34 2 0 92 0 20 0 14 12 0 174 $42,434 $3,700 $0 $0 $0 $0 $0 $0 $7,000 $1,000 $54,669 G Equipment Procurement Support Services 16 0 0 36 0 0 0 0 0 0 52 $12,252 $0 $0 $0 $0 $0 $0 $0 $0 $0 $12,252 H Retaining Wall Design (2) 2 0 0 16 0 0 0 0 0 16 34 $6,830 $8,360 $0 $0 $0 $0 $0 $0 $0 $0 $15,608 I Noise Study 2 0 0 8 0 0 0 0 0 0 10 $2,326 $0 $0 $0 $0 $0 $0 $15,902 $0 $500 $19,523 J Tank Spill Drainage Evaluation 12 2 0 76 0 0 0 0 0 0 90 $20,942 $0 $0 $0 $0 $0 $0 $0 $0 $0 $20,942 TOTAL OPTIONAL SERVICES (A.1) 110 6 0 340 0 44 0 14 12 88 614 $141,474 $25,420 $12,800 $0 $0 $0 $0 $15,902 $19,000 $1,500 $219,752 TOTAL INCLUDING OPTIONAL SERVICES (A.1) 470 57 104 1026 72 328 26 266 420 416 3185 $752,459 $56,770 $48,800 $47,042 $37,700 $15,000 $12,450 $15,902 $53,500 $3,500 $1,057,481 TOTAL OPTIONAL SERVICES (A.2) 126 6 0 400 0 60 0 54 92 144 882 $200,862 $25,420 $12,800 $0 $0 $0 $0 $15,902 $19,000 $1,500 $279,140 TOTAL INCLUDING OPTIONAL SERVICES (A.2) 486 57 104 1086 72 344 26 306 500 472 3453 $811,847 $56,770 $48,800 $47,042 $37,700 $15,000 $12,450 $15,902 $53,500 $3,500 $1,116,869 Notes:
All hourly rates are in accordance with HydroScience's Standard Billing Rate Schedule.
All direct costs are billed at cost plus 5% markup.
All changes from the 11/5/24 Fee proposal are highlighted in RED C
Tasks Labor Subconsultants
Exhibit B
Compensation Schedule
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 $2,000,000 per occurrence and $4,000,000 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 $2,000,000 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 reviewed by the City of Sunnyvale, Risk Manager. The Consultant shall guarantee payment of any losses and related investigations, claim administration and defense expenses within the deductibl e or self -insured retention.
The aforementioned insurance requirements can be met through any combination of self -insured, primary and excess/umbrella policies that fulfill the stipulated coverage as cited above.
Other Insurance Provisions:
1. During the term of the Agreement, the City of Sunnyvale, its officers, officials, employees, agents, and volunteers are to be covered as an additional insured in the Consultant’s 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 used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Sunnyvale, its officers, officials, employees, agents, or volunteers.
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 Agreement, the Consultant’s Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Sunnyvale.
3. For all Architects, Engineers and Design Professionals - If Industry Specific Coverage box is check above and if the Consultant’s Professional Liability/Errors and Omissions coverage is written on a claims made basis:
a. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy 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 contract work.
4. For any claims related to this agreement, the Consultant’s insurance shall be primary. Any insurance or self -insurance maintained by the City of Sunnyvale, its officers, officials, employees, agents and volunteers shall be excess of the Consultant’s insura nce 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 primary and non-contributory insurance requirements for the benefit of City (if agreed to Attachment 1
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 coverage and limits shall be (1) t he 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:
City utilizes PINSAdvantge.com (PINS) to track and verify all insurance related documents. City is no longer accepting Certificates of Insurance by mail and requires the use of PINS. City will email the Contractor/Consultant requesting proof of insurance for this Contract through the PINS platform ([email protected]), which include instructions on how to upload insurance documents electronically. Contractor/Consultant shall furnish the City with an electronic Certificate of Insurance effecting the coverage required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf and name City of Sunnyvale, Attn:
Risk Management, 456 W. Olive Ave, Sunnyvale, CA 94088 as the certificate holder. All certificates are to be received and approved by the City Risk Manager prior to comm encement 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 reserv es 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