CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SUNNYVALEAND VERDE DESIGN, INC. FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR SERRA PARK RENOVATION AND ENHANCEMENT THIS AGREEMENT, dated ______________________________, is by and between the CITY OF SUNNYVALE ("CITY"), a California chartered municipal corporation, and VERDE DESIGN, INC. ("CONSULTANT"), a California corporation. WHEREAS, CITY advertised a Request for Proposals (RFP) F25-436 on June 3rd, 2025 for Serra Park Renovation and Enhancement; and WHEREAS, CONSULTANT submitted a proposal on July 8th, 2025; 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 ; 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 CONSULTANTCONSULTANT shall provide services in accordance with Exhibit "A" entitledand are incorporated herein by reference. To accomplish that end, CONSULTANT agrees to assign Pat Healy 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 ServicesA. CONSULTANT shall commence services upon receipt of a Notice to Proceedfrom CITY. Notice shall be deemed to have occurred three (3) calendar daysafter deposit in the regular course of the United States mail.B. When CITY determines that CONSULTANT has satisfactorily completed theof Final Acceptance, and CONSULTANT shall not incur any further costshereunder. CONSULTANT may request this determination of completion Attachment 1 Page 1 of 107
when, in its opinion, it has satisfactorily completed the Scope of Work (Exhibit (14) days of such request. 3. Project Schedule - 4. Payment of Fees and Expenses Payments shall be made to CONSULTANT on a monthly basis as set forth in the 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. no event shall the total amount of compensation payable under this agreement exceed the sum of Nine Hundred Thirty-Seven Thousand Five Hundred Thirty-Three and No/100 Dollars ($937,533.00) for the duration of the contract, as well as optional services in an amount not to exceed Three Hundred Forty-Five Thousand Six Hundred Twenty-Five and No/100 Dollars ($345,625.00) 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 Two Hundred Eighty-Three One Hundred Fifty-Eight and No/100 Dollars ($1,283,158.00). 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 5. No Assignment of Agreement CONSULTANT bind themselves, their partners, successors, assigns, executors, and administrators to all covenants of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for under this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of CITY. However, claims for money due to or to become Attachment 1 Page 2 of 107
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 acceptable to CITY. The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar projects. 9. Responsibility of CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy and the coordination of the services furnished by it under this Agreement.
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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 aservices 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. 12. 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 Attachment 1 Page 4 of 107
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared or caused 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 Pursuant to the full language of California Civil Code §2782, Consultant/Design Professional agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of City; and does not apply to any passive negligence of City unless caused at least in part by the Consultant. City agrees that in no event shall the cost to defend charged to the Consultant exceed that waived or modified by contractual agreement or acts of the parties. The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement. termination or completion of this agreement. 15. Insurance Requirements The City requires that CONSULTANT maintain insurance requirements on the electronic insurance verification system. CONSULTANT shall procure and maintain, at its own expense, during the life of this Agreement, policies of insurance as specified in Exhibit "C" attached and incorporated herein by reference and shall provide all certificates and endorsements as specified in Exhibit "C" for approval by the City Risk Manager prior to CONSULTANT (or subcontractor) commencing any work under this Agreement. 16. Wage Rates Pursuant to Sections 1770, 1771, 1774 1776, 1777.5, 1813, and 1815 of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the State of California Department of Industrial Relations. Copies of such prevailing wage rates are available for review at the Attachment 1 Page 5 of 107
94086. Wage rates can also be obtained through the California Department of Industrial Relations website at: http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm Bidders shall promptly notify the person identified on the cover page of this bid invitation, in writing, about all labor classifications not listed in the prevailing wage determinations but necessary for the performance of the work described in the bid documents. The successful bidder/contractor, and each subcontractor shall keep accurate payroll records, and comply in all respects with Labor Code section 1776, including the timely response to written notices requiring copies of such records, as provided for in such section. In the event the contractor or subcontractor fails to comply within the ten day period, that contractor or subcontractor shall forfeit one hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated, as provided by Labor Code section 1776(h). Neither the notice inviting bids nor this Agreement shall constitute a representation of fact as to the prevailing wage rates upon which the CONTRACTOR or any subcontractor may base any claim against CITY. It shall be mandatory upon CONTRACTOR and upon any subcontractor to pay not less than the specified rates to all laborers, workers, and mechanics employed in the execution of the Contract. It is further expressly stipulated that CONTRACTOR shall, as a penalty to CITY, forfeit two hundred dollars ($200.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic paid less than the stipulated prevailing rates for any work done under this Contract by CONTRACTOR or by any subcontractor; and CONTRACTOR agrees to comply with all provisions of Section 1775 of the Labor Code. In case it becomes necessary for CONTRACTOR or any subcontractor to employ on the project under this Agreement 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 CITY who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish CONTRACTOR with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 17. 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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18. 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, Assistant Director of Public Work Department of Public Works CITY OF SUNNYVALE P. O. Box 3707 Sunnyvale, CA 94088-3707 To CONSULTANT: Verde Design, Inc. Attn: Mark Baginski, RLA, LEED AP 2455 The Alameda Santa Clara, CA 95050 19. 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. 20. Integrated Agreement This Agreement embodies the agreement between CITY and CONSULTANT and its terms and conditions. No verbal agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon CITY. 21. Conflict of Interest CONSULTANT shall avoid all conflicts of interest, or appearance of conflict, in performing the services and agrees to immediately notify CITY of any facts that may give rise to a conflict of interest. CONSULTANT is aware of the prohibition that no officer of CITY shall have any interest, direct or indirect, in this Agreement or in the proceeds thereof. During the term of this Agreement, CONSULTANT shall not accept employment Attachment 1 Page 7 of 107
under this Agreement. proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the CITY. The CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. determined that, depending on the position, certain individuals performing services under this Agreement may be required to file a Statement of Economic Interest (Form 700), which can be found at www.fppc.ca.gov. If applicable, to facilitate electronic submittal of Form 700, CONSULTANT shall send the following information to 2) email address(es) of employee(s) will begin work under this contract; and 4) (if known) date when Government Code Section 91013 provides that any person who files a statement after its deadline shall be liable in the amount of $10 per day, up to a maximum of $100, in addition to any administrative penalty (up to the statutory maximum, currently $5,000) Form 700, then CITY is required to refer this matter to the FPPC or other appropriate enforcement agency. 22. Governing Law, Jurisdiction and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. Proper venue for legal actions will be exclusively vested in a state court in the County of Santa Clara. The parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara, and waive all venue objections. 23. Records, Reports and Documentation CONSULTANT shall maintain complete and accurate records of its operation, including any and all additional records required by CITY in writing. CONSULTANT shall submit to CITY any and all reports concerning its performance under this Agreement that Attachment 1 Page 8 of 107
may be requested by CITY in writing. CONSULTANT agrees to assist CITY in meeting CITY's reporting requirements to the state and other agencies with respect to CONSULTANT's work hereunder. All records, reports and documentation relating to the work performed under this Agreement shall be made available to City during the term of this Agreement. 24. Termination of Agreement A. If CONSULTANT defaults in the performance of this Agreement, or materially breaches any of its provisions, CITY at its option may terminate this Agreement by giving written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be compensated in proportion to the percentage of satisfactory services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time. B. Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY also shall have the right to terminate this Agreement for any reason upon ten (10) days' written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be compensated in proportion to the percentage of services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time. C. If CITY fails to pay CONSULTANT, CONSULTANT at its option may terminate this Agreement if the failure is not remedied by CITY within (30) days after written notification of failure to pay. 25. Subcontracting None of the services covered by this Agreement shall be subcontracted without the prior written consent of CITY. Such consent may be issued with notice to proceed if subcontract consultants are listed in the project work plan. 26. Fair Employment CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical 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. 27. Changes CITY or CONSULTANT may, from time to time, request changes in the terms and Attachment 1 Page 9 of 107
conditions of this Agreement. Such changes, which are mutually agreed upon by CITY and CONSULTANT, shall be incorporated in amendments to this Agreement by Section 30 below. 28. Other Agreements This Agreement shall not prevent either Party from entering into similar agreements with others. 29. Severability Clause. In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain in full force and effect. 30. Captions The captions of the various sections, paragraphs and subparagraphs, of the contract are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. 31. Entire Agreement; Amendment This writing constitutes the entire agreement between the parties relating to the services to be performed or materials to be furnished hereunder. No modification of this Agreement shall be effective unless and until such modification is evidenced 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. 32. Miscellaneous Time shall be of the essence in this Agreement. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision.
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IN WITNESS WHEREOF, the parties have executed this Agreement. ATTEST: CITY OF SUNNYVALE ("CITY") By_____________________________ By__________________________ City Clerk City Manager VERDE DESIGN, INC. ("CONSULTANT") APPROVED AS TO FORM: By Name/Title ___________________________ By City Attorney Name/Title Attachment 1 Page 11 of 107
Exhibit A Detailed Scope of Work Serra Park Renovation and Enhancement PR-25-01 I. General The City of Sunnyvale is seeking proposals from licensed Landscape Architecture firms to provide professional services for design and preparation of bid documents and construction support for the Serra Park Renovation and Enhancement Project. The scope of work generally includes preparation of: preliminary design, public outreach, design development, bid documents, and bidding/construction support for Public Works competitive bidding. Ancillary work includes: environmental needs assessment (Phase 1 ESA) and document preparation (CEQA), construction cost estimating, schedule monitoring, preparation of reports and recommendations, and project management. II. Project Information A. Description This project is for the renovation and enhancement of existing park features at Serra Park, a riverboat-themed park that includes but are not limited to a recreation center, multi-use sports fields, four tennis courts, picnic sites, a pond and artificial creek system, playgrounds, and a water play feature. Three public outreach meeting and two online surveys will be held during the preliminary design phase to gather feedback from neighbors, park users, and other stakeholders. Below are the potential improvements identified by City staff. This list may be refined based on public input and available budget. See Appendix 4, Project Map for the location of each item. Full condition assessment and renovation of the recreation building. Features to assess include, but are not limited to the following: lightings, windows, doors, electrical, plumbing, interior and exterior walls, ect. Replacement of park lighting systems with energy efficient fixtures, including lightings at the tennis courts. Renovation of the water play feature. (existing playgrounds to remain) Assessment and reconstruction of four tennis courts. Assess and replace landscaped and ornamental lawn along with the park irrigation and pump system. Assess the grass athletic field for replacement. City will not consider synthetic turf as option for improvement. (Agronomic study not included) Replacement of fixtures throughout the park including wooden picnic tables, benches, garbage bins and BBQ grills. Concrete picnic tables to remain. that utilizes pumps to lift water up from the lower pond to the top of the creek system, then allows it to flow back to the pond. o Assess pumps and valves at pond. o Assess water line between pond and top of creek system. Assessment of installing EV charging station within the parking lot next to the tennis courts. Assessment and repair of damaged concrete pathways. Assessment of Wi-fi installation. Include three options with cost estimates and wi-fi heat maps for blanket coverage of the entire park, and wi-fi in the common areas and wi-fi in the park building only.
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Optional Scope: o the findings of the base scope. o Assess feasibility and implement Green Stormwater Infrastructure (GSI) improvement based on concept plan provided by City. See Appendix 6 GSI Improvement Concept. o Prepare and design to install two EV charging station within the parking lot next to the tennis courts. o Prepare and include Wi-fi improvement in the PS&E. B. Location Serra Park is located at 730 The Dalles Avenue in Sunnyvale. Surrounding uses include residential on the north and east, dental care offices on the south, and land owned by the Cupertino School District on the west. C. Existing Conditions (also see Appendix 3, Project Photos) Recreation building: o Built in 1960s, currently used for daycare service through recreations department. o Dry rot and termite damage visible from exterior. o Roof drainage issue. o Lighting, windows, doors, fans, floor tiles, heaters need replacement. o No restroom in the main building. Irrigation and pump system. o o Single phase irrigation control system. Approximately 50 fluorescent light fixtures throughout the park. Existing restroom near the tennis court was installed recently and not included in this project. Athletic field has issues with turf quality and irrigation. Portion of athletic field owned by Cupertino School District and maintained by City of Sunnyvale. Artificial creek system and pond: o Pump and valves at the pond have access and maintenance issues. o Water line between the pond and top of creek system clogs due to tree roots. o Loss of water during operation due to leaks in the creek and pond lining. III. Consultant Scope of Services The consultant will perform all engineering/architecture and project management related work necessary to prepare plans and specifications suitable for Public Works bidding. Consultant services shall include, but are not limited to: Project management, preliminary design, design development, bid documents, bidding support, and construction support services, as further detailed below: A. Project Management and consultant contract budget. In addition, the consultant is expected to attend progress meeting and prepare action item logs for subsequent follow-up. The consultant is expected Attachment 1 Page 13 of 107
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. 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 $10,051,294. This amount also includes construction and design contingencies (10%) and the installation of Public Art in the amount of 1% of the total construction cost. Additional construction budget might be available for the green street infrastructure. Consultant is expected to design a project that can be constructed within this budget and communicate often and early for any major changes to schedule and cost estimate. Submit 75% submittal stage to the Building Division, per the instructions in Appendix 5: Bldg. Dept Electronic Plan Check Submittal. Consultant will also be responsible for making appointments (as necessary) and delivering all subsequent submittals to the Building Division. The project must comply with the City of Sunnyvale Art in Public Places Policy. One percent (1%) of the project construction budget shall be allocated for installation of public art. Consultant Department of Library and Recreation Services and provide exhibits showing potential public art locations as needed and assist in selection of the artist which will design the public art for this project. Consultant must also coordinate with the artist to incorporate art location(s) in the construction documents. Consultant is responsible for coordinating and obtaining necessary applications and permits from utility companies such as PG&E and other stakeholders such as School district for project coordination. Trimble Unity Construct (eBuilder) license and training: Consultant will be required to use Trimble Unity Construct software and protocols included in that software during this project, Consultant shall coordinate with City staff for training materials and Trimble Unity Construct introduction. City will provide consultant one Trimble Unity Construct license for the duration of the project. Trimble Unity Construct shall be utilized for all project management documentation and correspondence. The use of project management communications herein described is in addition to and does not replace or change any contractual responsibilities of the consultant. B. Preliminary Design The preliminary design phase will include field assessment and community outreach with schematic design.
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3. Field Condition Assessment: Consultant shall perform a detailed field investigation to confirm existing conditions and identify any major issues and remaining lifespan of all features within the site. Consultant shall be responsible for contacting utility companies, regulatory agencies, and other stakeholders to gather additional background information as part of this assessment. Consultant shall compile and detail the findings into a technical memorandum with a detailed assessment and evaluation of existing park components. The memo shall indicate current condition and recommended improvements for the park components, along with preliminary cost estimates. At a minimum, this memorandum shall include the following: Recreation building: o General condition of the building (multi-use room, recreation office, and restrooms). o Assessment of necessary repairs, replacement, and renovation for code compliance. Park Features: o Tennis courts. (4 total) o Water play feature. o Artificial creek system. Hardscape o Assessment of accessible path of travel. o Assessment of existing concrete pathways and recommendation for replacement. Lighting systems Irrigation system (Heads, coverage, materials, pressure, booster pump, data and communication) Athletic grass field and ornamental lawn. Implementation of GSI Improvement. See appendix 6. Deliverables: A draft technical memorandum and a final technical memorandum shall be submitted for stakeholder review and comments and will contain the following items Attachment 1 Page 15 of 107
All submittals shall include digital copies (PDF and native format) of all documents. Two submittals of the draft technical memorandum shall be provided, and each City review will be three weeks. Technical memorandums should include prioritization of improvements, preliminary cost estimates of identified improvements, and project schedules. 4. Public Outreach: Three online public meetings will be held on weekday evenings in addition to two online surveys. City staff shall be provided all meeting materials (storyboards, presentation, etc) three weeks prior to the public meeting for review. Cost estimates shall be prepared for each concept plan prepared demonstrating that the project is within the allocated design and construction budget, inclusive of appropriate design contingencies. Public Meeting #1: Initial meeting will discuss current condition of the park and gather public input around the required and desired improvements. The consultant will lead the meeting, take notes, and prepare a meeting summary of all public input, including trends of ideas proposed. Meeting summary shall be provided to City within 1 week of the meeting date. Online Survey #1: First online survey will capture existing park use and desired improvements heard from the first public meeting. City staff will administer the online survey with series of questions developed by the consultant, then the consultant shall review and summarize the results of the survey. Concept Plans: Following the initial public meeting, consultant shall include preliminary cost estimates that are within the specified design and construction budgets, including design contingencies. Concept plans may incorporate all items listed in project description, as well as recommendations from the condition assessment. Concept plans shall be prepared utilizing information from the condition assessment and initial public input. Consultant shall develop a list of other desired park components if remaining construction budget is available. Public Meeting #2: Second meeting will present the three concept plans to the public. The consultant will be expected to lead the meeting, take notes, and prepare a meeting summary of all public input, including trends of ideas proposed. Online survey #2: Second survey will capture feedback on the three presented concept plans to supplement Meeting #2. City staff will administer the online survey with series of questions developed by the Attachment 1 Page 16 of 107
consultant, then the consultant shall review and summarize the results of the survey. Public Meeting #3: Third meeting shall present two refined concept plans, prepared by the consultant, which incorporate all feedback from the online surveys and previous two public outreach meetings. The consultant will be expected to lead the meeting, take notes, and prepare a meeting summary of all public input, including trends of ideas proposed. In addition to the online public meetings and surveys, the consultant shall support City staff by preparing presentation slides and attending one Parks and Recreation Commission Meeting and one City Council Meeting. Both meetings are held in person on weekday evenings. City staff will lead the presentations while consultant provides technical support and assist City staff during Q&A session. C. Design Development Consultants shall be the Architect of Record and responsible for design and preparation of complete plans and technical specifications for the project. All work is to comply with all applicable rules, regulations, code, law, and good practice building/construction practices, sustainability, energy efficiency, and low operations and maintenance costs into recommendations and subsequent design. Use of contractors, and all applicable subcontractors which are required to pay prevailing wages, requires registration with the State of California, Department of Industrial Relations (DIR) through the Public Works Contractor Registration Program (PWC Registration) before bidding, being awarded, or performing work on public works projects in California. This includes those performing surveying work, material testing, inspection, trucking, boring, potholing, concrete deliveries and temporary service companies who provide workers to prevailing wage contractors. For complete details, please refer to Appendix 1: Labor Compliance. Plans and specifications shall provide sufficient detail to result in a good quality product while allowing competitive pricing where possible and appropriate, and provide options to the contractor where appropriate to obtain the same good level of quality for the best bid price. Plans and specifications shall not specify proprietary products or services. Specifications shall be prepared in CSI 2020 format. A portion of the western side of the park is owned by the Cupertino School District and maintained by the City of Sunnyvale as indicated on Appendix 2, Project Map. Consultant is responsible of coordinating with School District for improvements proposed on their property. Consultant is also responsible of coordinating with DSA for the review of proposed improvement as necessary. Coordination and preparation of documentation to facilitate permits and outreach with utility companies, regulatory agencies, Building Division and other stakeholders will also 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.
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All submittals shall include digital copies (PDF and native format) of all documents. Consultant should expect one page-turn meeting per submittal. 1. 30% Submittal: Submit electronic PDF file package: a. 30% plans: 3042and preliminary details. a. Submit Preliminary Reports: Geotechnical report shall be submitted with information suitable for use in building assessment, aquatic features and lighting foundation design. Environmental Site Assessment (ESA) shall be submitted documenting any existing contamination for material to be off hauled, and recommendations for disposal. b. Cut sheets for equipment/appurtenances such as pump systems and electrical or mechanical equipment. c. Documentation of outreach with franchise utility companies for facilities needed as a result of the proposed construction activities. d. Project schedule update. e. 30% construction cost estimate. f. within the NPDES Construction General Permit. Include project type and risk level. g. Table of Contents list for technical specifications. h. Recommendations for staging construction to reduce impact on surrounding neighborhood users. i. Exhibit of potential art locations for the public art design. j. Schedule for coordination with PG&E. k. Schedule for coordination with DSA for any changes proposed on the school property. 2. 75% Submittal: All major issues have been resolved prior to this stage. The intent of this submittal is to provide plans and project documents in sufficient detail to allow for thorough and complete review. Submit electronic PDF file package: a. 75% Plans: All subcontracted work shall be accounted for in this submittal. All project details have been accounted for. Construction staging/phasing information has been included. Deferred submittals are listed on the cover sheet of the plan set.
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b. 75% Plans to include: c. 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. Office. g. return of mark-ups. h. Submit 75% plan set to building division review. See Appendix 4 for instruction. i. third-party reviewer. j. Water Efficiency design calculations to comply with Sunnyvale Municipal Code 19.37.050. k. Stormwater management and compliance with NPDES C.3 requirements have been incorporated into the project. l. Calculations and forms/reports containing information necessary ready for upload and for City to certify this project into the Stormwater Multiple Attachment 1 Page 19 of 107
Application and Report Tracking System (SMARTS) for compliance under the Construction General Permit. m. Deferred submittals and special inspections have been identified on the plans. n. Coordination with School District and DSA based on proposed work. o. Documentation of status of permits needed (PG&E and/or Environmental). p. Other supporting documentation as necessary. 3. 100% Submittal: All issues, prior comments, and concerns must be addressed in this submittal. Submit electronic PDF file package: a. 100% plans Peer review shall have been accomplished by this stage, with the statement and signature on the cover sheet. The professional shall sign, date, and seal the following Certification of Peer Review on a letterhead document with the transmittal of the final plans and specifications: 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 100% Plans to include: b. 100% specifications Reviewed bid instructions Finalized technical specifications. Finalized Special Provisions Project schedule update. c. 100% construction cost estimate.
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d. Submit 100% plan set to building division review. e. return of mark-ups. f. Coordination with public art artist to incorporate any details needed for anchorage of the artwork. g. All utility permits and coordination PG&E, Cupertino School District, DSA, have been completed. h. Storm Water Management Plan third party certification. i. Other supporting documentation as necessary. D. Bid Package the 100% submittal, and incorporation of all Building Division comments. Submit digital format (PDF and native format) of each of the documents listed below: 1. Digital copy of full sized plans (3042the Engineer/Architect of Record and by discipline. 2. One digital copy of the specifications. a. Technical specifications, with cover sheet stamped and signed by all necessary disciplines. 3. Final project schedule update. 4. Final construction cost estimate. E. Bidding Services Consultant will attend a pre--holders of significant responses to RFIs and prepare addenda as necessary. During bidding, all pro product, conformed documents shall be prepared at no expense to the City. City will provide reproduction services. F. Construction Support Services 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 5 periodic construction progress meetings. 4. Coordinate with public art artist. 5. Participate in the final inspection and development of punch lists.
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6. 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. 7. 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. 8. Review and respond to all submittals within the period allocated in the contract documents and as necessary to avoid construction delays and claims. 9. Review proposed substitutions, if any, for conformance to plans and technical specifications. 10. Review and make recommendations on proposed changes to the contract (Request for Quotations and Contract Change Orders). 11. 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 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. 12. project.
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IV. Available Documents The below list of information is available for information only: Record drawings and plan sets, Appendix 5. The City does not guarantee the accuracy or completeness of record drawings. Consultant shall verify all information to their professional satisfaction. o PR-11/05-12 Serra Park Play Equipment Renovation o PR-86-02 Serra Park Improvements o PR-63-04 Serra Park Miscellaneous Park Improvements 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 Attachment 1 Page 23 of 107
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1590/637820851886430000 - Details: https://www.sunnyvale.ca.gov/home/showpublisheddocument/2920/637822741794530000 Specifications: https://www.sunnyvale.ca.gov/home/showpublisheddocument/1606/637820851912670000 The below information will be provided during design to the consultant. GIS data for property lines, street center lines, and two (2) foot contours Aerial photographs from 2023 (ArcGIS format) City standard plan cover sheet V. Appendices 1. Labor Compliance 2. Project Map 3. Project Photos 4. Building Department Submittal Instructions 5. Record Drawings 6. GSI Improvement Concept Attachment 1 Page 24 of 107
Appendix 1 Labor Compliance Contractor Registration with the State of California Contractors, and all applicable subcontractors which are required to pay prevailing wages, must be registered with the State of California, Department of Industrial Relations (DIR) through the Public Works Contractor Registration Program (PWC Registration) before bidding, being awarded, or performing work on public works projects in California. This includes those performing surveying work, material testing, inspection, trucking, boring, pot holing, concrete deliveries and temporary service companies who provide workers to prevailing wage contractors. 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 these penalties will be passed onto the contractor. A contractor that allows an unregistered subcontractor to work on the project is also subject to penalties of $100 a day up to $10,000. Contractors shall list all applicable PWC registration numbers on the Bid Form. Hours of Work Pursuant to Labor Code, Section 1810, eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, worker, or mechanic employed at any time by the contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, work performed by employees of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which the laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of the Sections of the Labor Code. Such forfeiture amounts may be deducted from the contract sum. Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each calendar day and each calendar week by each worker employed on the project, which record shall be kept open at all reasonable hours to the inspection of the City, its officers and agents, and to the inspection of the appropriate enforcement agency of the State of California. Wage Rates Pursuant to Sections 1770, 1771 and 1774 of the Labor Code of the State of California, or any applicable local law, contractors shall not pay less than the prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations. The City has ascertained the general prevailing rate per diem wages and rates for holidays, and overtime work in the city, for each craft, classification or type of laborer, worker, or mechanic needed to execute this Contract. The City has adopted, by reference, the general prevailing rate of wages applicable to the work to be done under the Contract, as adopted and published by the Division of Labor Standards Enforcement and Labor Statistics and Research of the State of California, Department of Industrial Relations, to which reference is hereby made for a full and detailed description. A copy of the prevailing wage rates may be reviewed in the office of the Director of Public Works, City of Sunnyvale, 456 West Olive Avenue, Sunnyvale, California. Wage rates can also be obtained through the California Department of Industrial Relations website at: http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm Neither the 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 Attachment 1 Page 25 of 107
which no minimum wage rate is herein specified, Contractor shall immediately notify the City who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. Prevailing Wage As identified in the Notice to Bidders, the work contemplated by this agreement is a public work subject 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 availabinformation 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 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 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 Attachment 1 Page 26 of 107
user will be given a Log-by a City representative. Apprentice Program Attention is directed to State of California Labor Code, Sections 3095, 1777.5, 1777.6, and 1777.7 and Title 8, California Code of Regulations, Section 200, and the applicable Sections that follow. Responsibility for compliance with these requirements lies with the contractor. To ensure compliance and complete understanding of the law requiring apprentices, and specifically the required 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.
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ELECTRONIC PLAN CHECK SUBMITTALS
__________________________________________________________________________________________ One-Stop Permit Center at City Hall, 456 W. Olive Ave., 408-730-7444 Building and Planning hours are 8 a.m. - 12:30 p.m. and 1 - 5 p.m. Sunnyvale.ca.gov1/3 Rev. 1/2023 BUILDING DIVISION REQUIREMENTSAll Building permits requiring plan checks shall be submitted online through the E-OneStop Online Service permitting system. When submitting for permits through the online portal, allow five to 10 business days for submittal acceptance confirmation. Notification will be provided via email. INSTRUCTIONS FOR SUBMITTING New Building Permits – All new building permit submittals must include the following documents as PDFs: Permit Application – Must be complete with all fields filled in. Use the Building and Fire Permit Application. Questionnaire for Non-residential projects – Complete the questionnaire at the end of this handout and include it with your submittal documents. Plans – Saved as 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 as a separate file. Other Supporting Documents (energy calculations, special inspection forms, etc.) – Saved as a separate file. Green Halo (GH) Registration – Newly constructed buildings and demolition projects, commercial and residential additions, and alterations to non-residential projects must register with GH to track construction and 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. Responsible Construction – Projects that are 15,000 square feet or larger are subject to the Responsible Construction Ordinance. Acknowledgement of Responsibility shall be completed and submitted to the Building Division before permit issuance. For additional information and instruction, refer to the Permit Center. Use Tax Registration - All General Contractors and subcontractors with contract values greater than $5 million should register the job site with the California Department of Tax and Fee Administration (CDFTA) where applicable. Visit CDTFA's website to register each qualifying contractor/subcontractor. The tax account administrators need to register the jobsite to report use tax directly to Sunnyvale. For questions, contact Economic Development at 408-730-7607. Resubmittals Submit acomplete, revised set of plans, calculations and supporting documents with Attachment 1 Page 33 of 107
2/3 Rev. 1/2023
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 All revisions/addendums requiring plan check must be emailed. Submit 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 Engineer of Record (EOR).A separate file should be included containing a copy of the approved full set of plans for reference. Deferred Submittals All deferred submittals requiring plan check must be emailed. Each plan sheet must be digitally stamped and signed with the EOR’s professional stamp and digitally stamped and signed with the EOR’s review stamp. No typed names or initials will be accepted. The first page of the calculations must be digitally stamped and signed with the EOR’s professional stamp and digitally stamped and signed with the EOR’s 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 When resubmitting on the portal, only upload the relevant file to the correct tiles. For example, upload Building Plans to the Building Plans tile, upload Structural Calculations to the Structural Calculations tile, etc. The City can accept a total attachment size of 150 MB; 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 such as 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. See next page for additional application information.
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3/3 Rev. 1/2023
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 such as an office as the old tenant and a restaurantas the new tenant? 3. Are exterior changes to the building or site proposed such as new roof-mounted equipment, trees removed from the parking lot, new windows, or new doors? 4. Is the project proposing any kitchen/café improvements? (This is for the Public Works Department 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. Note a Building permit will not be released until the shell work is complete or substantially complete. 6. Will the proposed project include the use of a new recycled water system? If so, an application along with plans must be submitted separately to the Environmental Services Department Water Division. Contact Ray Orozco directly at 408-730-7663 with any questions.
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ONTARIO DRPINE PASS TEROAK POINT TERNEWBRUNSWICKAVEORILLIA CT
HELENA DR
EDWARDHOLLENBECK AVECTORMSBY DRSOUNDDRNORLAND DRQUEBEC CTRESTON TER
NEWFOUNDLAND
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HOLLENBECK AVE
TRENCH DRAIN INLET (TYPICAL)
(N) Trench DrainFacility
CONCEPT ABIORETENTION PLANTER
CONCEPT BBIORETENTION PLANTER
CONCEPT CBIORETENTION BASIN
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(N) Trench Drain
TRENCH DRAIN OUTLET
FacilityFacility
CONCEPT DBIORETENTION PLANTER
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(N) TreeFacility
CONCEPT EBIORETENTION PLANTER
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Exhibit C INSURANCE REQUIREMENTS CONSULTANT shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the CONSULTANT, their agents, representatives, or employees. Minimum Scope and Limits of Insurance. CONSULTANT shall maintain limits not less than: 1. Commercial General Liability: coverage written on an occurrence basis with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage. ISO Occurrence Form shall be at least as broad as CG 0001. 2. Automobile Liability: coverage with a combined single limit of not less than $1,000,000 per occurrence applying to all owned, non-owned, or hired vehicles used in conjunction with this contract for bodily injury and property damage. ISO Form shall be at least as broad as CA 0001. 3. 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 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. Commercial Crime coverage with limits not less than $1,000,000 per occurrence to include employee and non-employee dishonesty and theft, forgery, fraud, disappearance and destruction of money and securities. Coverage must 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 deductible or self-insured retention. Policies containing any self-insured retention provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the Named Insured or the City. 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:
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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 commercial general liability policy 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 and completed operations shall be at least as broad as ISO CG 20 37 scheduled or automatic ISO CG 20 40. 2. shall be endorsed with a waiver of subrogation in favor of the City of Sunnyvale. 3. Any insurance or self-insurance maintained by the City of Sunnyvale, its officers, officials, nce and shall not contribute with it and shall be at least as broad as ISO CG 20 01 04 13. 4. 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. 5. claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6. 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 email to [email protected], has been given to the City. 7. 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 own Insurance or self-insurance shall be called upon to contribute to a loss. 8. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall 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 and also available to the Additional Insured, whichever is greater.
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Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than Superior or Excellent, and who are admitted and authorized to do business and in good standing in California Verification of Coverage: City utilizes an electronic insurance verification system to track and verify all insurance related documents. City is no longer accepting insurance documents by mail and will only accept electronic insurance documents. City will email the CONSULTANT requesting proof of insurance for this Agreement through an electronic insurance verification system, which includes instructions on how to upload insurance documents electronically. CONSULTANT shall furnish the City with an electronic Certificate of Insurance effecting the coverage required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf and name City of Sunnyvale, Attn: Risk Management, 456 W. Olive Ave, Sunnyvale, CA 94088 as the certificate holder. All certificates are to be received and approved by the City, Risk Manager prior to commencement of work. The CONSULTANT shall provide certificate(s) evidencing renewals of all insurance required herein prior to the expiration date of any such insurance. CONSULTANT shall submit insurance c insurance verification system. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Subcontractors CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject shall not relieve CONSULTANT from any claim arising from subcontractors work on behalf of CONSULTANT.
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Exhibit D LABOR COMPLIANCE REQUIREMENTS
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