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16-129 HMH Engineers, Inc., Design Professional Services for Various Capital Improvement ProjectsMASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
HMH ENGINEERS, INC. FOR DESIGN PROFESSIONAL SERVICES FOR VARIOUS
CAPITAL IMPROVEMENT PROJECTS
This Master Agreement for Des ign Professional Services ("Agreement"), dated ~ft,·~ ,ZA tf,,.2016 is entered into by and between City of Cupertino, a municipal corporation
("C1 y"), 'and HMH Engineers, Inc., a Cal ifornia corporat ion ("Design Professional ").
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of Cal ifornia with the power to carry on its business as it is now be ing conducted
under the Constitution and the statutes of the State of California and the Cupertino Munic ipal
Code .
B. Design Professional represents tha t it is specially trained, experienced and
competent to perform the civil engineering services ("Services") re q uired by this Agreement.
C. Design Profess ional represents that it is duly licensed in good standing by the
State of Californ ia to perform such Services.
D. City is entering into this Agreement in reliance upon Design Profess ional's
represe ntations, set forth above , to provide t he Services in accordance with the te r ms and
condition s of this Agree m ent.
TERMS AND CONDITIONS
1. TERM:
The term of this Agreement (''Term ") w ill begin on t he date this Agreement is fully executed by
both parties and will te rm inate on December 31, 2018 , unless terminated earlier as set forth
below.
2. SERVICES TO BE PERFORMED:
Design Profess ional will provide Services under this Agreement on an "as needed " basis , in
response to a nd in compliance with this Agreement and the Scope of Services set forth in
Exhibit A, Scope of Services, attached hereto and incorporated here in , and in compliance with
each Service Order authorized by the City. The City has sole discretion to authorize any Service
Order, but has no obligation to authorize any Service Order unde r this Agreement. Services
may only be p rovided by Des ign Professiona l in response to and in compliance w ith a Service
Order issued by the City 's Director of Public Works or his or her delegee (collective ly , "Director")
in accordance with t he following procedures , except or unless otherwise specified in Exh ibit A:
A. Service Order Development. The Director will provide a written request for
Design Professiona l's Services , including a request to schedule a meeting within a specifi ed
time to d iscuss the requested Services . The Des ign Profess ional will meet with the City within
the time specified in the written request. After the initial me eting, Design Professional must
submit to City within the time specified by th e City, a written proposal which includes , at a
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minimum, the specific scope of services, schedule of performance, and compensation .
Following receipt and review of the written proposal, the parties will meet to discuss the
proposal and the terms of the Service Order to be issued by the City. The City will prepare a
Service Order, using the Service Order Form attached as Exhibit B, Service Order Form,
attached hereto and incorporated herein, specifying the scope of Services, deliverables , the
schedule of performance, compensation and any other applicable terms. The Director has the
discretionary authority, but not the obligation, to streamline these procedures , e.g ., conferring by
telephone instead of meeting, when the Director deems it is in the City's best interest to do so .
B. Service Order Execution. The Service Order must be executed by authorized
representatives for each party before any Services may be performed . Design Professional will
not be entitled to compensation for any Services performed without a duly authorized and fully
executed Service Order.
C. Reports. Design Professional must provide City with written reports concerning
the status of Services required under this Agreement, at the time and in the form required by the
City.
3. SCHEDULE OF PERFORMANCE:
All Services must be provided within the time specified in the schedule of performance for each
Service Order. All Services under this Agreement must be completed on or before the end of
the Term. The schedule of performance for a Service Order may not extend beyond the Term.
4. COMPENSATION:
A. Not to Exceed Limits. Compensation for Services provided under each Service
Order will be based on the rates set forth in Exhibit C , Compensation, attached hereto and
incorporated herein, and will be subject to any maximum compensation limit specified in the
Service Order. The total, aggregate compensation to be paid to Design Professional during the
Term of this Agreement may not exceed One Million Dollars ($1,000,000).
B. Invoices and Payments. City will pay Design Professional for Services
satisfactorily provided under a Service Order, within 30 days following receipt of a properly
submitted invoice for Services provided during the preceding calendar month, unless otherwise
provided by a Service Order.
Unless otherwise prov ided by a Service Order, each invoice must include, for each day Services
were provided:
I
1. The name of each individual providing Services;
2. A succinct summary of the Services performed by each such individual;
3. The time spent by each individual providing those Services;
4. The applicable hourly billing rate and payment due; and
5. A detailed breakdown of all allowable expenses .
All hourly rates and allowable expenses must conform to the Cit y-approved rates set forth in
Exhibit C.
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5. TIME IS OF THE ESSENCE:
Time is of the essence for the performance of all Services required under each Service Order
and for all of Design Professional's duties under this Agreement. Design Professional must at all
times have sufficient, qualified staff or subconsultants assigned to provide timely provision of all
Services under this Agreement. Design Professional must respond promptly to Service Order
requests; and, when applicable, to contractor requests, including, but not limited to, requests for
information, substitution requests and change order requests.
6. STANDARD OF CARE:
All Services must be provided in a manner that meets or exceeds the standard of care
applicable to the same type of design professionals performing similar work in the San
Francisco Bay Area. Services may only be performed by qualified and experienced personnel or
subconsultants who are not employed by the City and who do not have any contractual
relationship with City, with the exception of this Agreement.
7. ERRORS AND OMISSIONS:
Design Professional is solely responsible for all of its or its subconsultants' errors and omissions
and must promptly correct any and all such errors and omissions at its sole expense. Design
Professional must also take appropriate measures to avoid or mitigate any delay, liability or
costs resulting from any such errors or omissions. This provision survives expiration or
termination of this Agreement.
8. PROJECT COORDINATION:
A. City's Representative. The Director's authorized delegee, John Raaymakers ,
will be the City's representative for all purposes under this Agreement, serving as the Project
Manager with authority to oversee the progress and performance of Services under this
Agreement. The City reserves the right to replace or provide a substitute Project Manager at
any time, and without prior notice to the Design Professional.
B. Design Professional's Representative. Design Professional will assign a single
Project Executive, subject to City approval, with authority to receive and act on directions from
the City and responsibility for the progress and performance of Services under this Agreement.
The designated Project Executive is William J. Wagner. If a substitute or replacement Project
Executive is required for any reason, the City must be notified of the need as soon as possible,
Design Professional's designation of the individual proposed to serve as the substitute or
replacement will be subject to the Director's prior written approval. Design Professional is not
entitled to compensation for the time required for the substitute or replacement Project
Executive to obtain sufficient knowledge of the required Services to fully assume the former
Project Executive's responsibilities.
9. HOLD HARMLESS:
A. Indemnity Obligations Subject to Civil Code Section 2782.8. Design
Professional will, to the fullest extent allowed by law, with respect to all Services performed in
connection with the Agreement, indemnify, defend, and hold harmless the City and its officers,
officials, agents, employees and volunteers (collectively, the "Indemnified Parties") from and
against any and all liability, claims, actions, causes of action or demands whatsoever against
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any of them, including any injury to or death of any person or damage to property or other
liability of any nature (collectively, "Liability"); that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of Design Professional or Design Professional's
employees, officers, officials, agents or subconsultants. Such costs and expenses shall include
reasonable attorney fees for legal counsel of City's choice, expert fees and all other costs and
fees of litigation. Design Professional is not obligated under this Agreement to indemnify City to
the extent that any Liability is caused by the sole or active negligence or willful misconduct of
any of the Indemnified Parties. In addition to its indemnity obligations, Design Professional will
provide its immediate and active cooperation and assistance to the City, at no additional cost to
the City, in analyzing, defending, and resolving such Liability.
B. Claims for Other Liability. For all liabilities other than those included within
paragraph (A) above, Design Professional will, to the fullest extent allowed by law, indemnify,
defend, and hold harmless the Indemnified Parties against any and all liability, claims, actions,
causes of action or demands whatsoever from and against any of them, including any injury to
or death of any person or damage to property or other liability of any nature, that arise out of,
pertain to, or relate to the performance of this Agreement by Design Professional or Design
Professional's employees, officers, officials, agents or subconsultants. Such costs and
expenses shall include reasonable attorney fees for legal counsel of City's choice, expert fees
and all other costs and fees of litigation. Design Professional will not be obligated under this
Agreement to indemnify City to the extent that the damage is caused by the sole or active
negligence or willful misconduct of the Indemnified Parties.
C. Claims Involving Intellectual Property. In addition to the obligations set forth in
paragraphs (A) and (8) above, Design Professional will indemnify, defend, and hold the
Indemnified Parties harmless from and against any claim in which an alleged violation of
intellectual property rights, including but not limited to copyright or patent rights, arises out of,
pertains to, or relates to Design Professional 's negligence, recklessness or willful misconduct
under this Agreement. Such costs and expenses will include reasonable attorney fees for legal
counsel of City's choice, expert fees and all other costs and fees of litigation.
D. Survival. The requirements of this section survive expiration or termination of this
Agreement.
10. INSURANCE:
On or before the commencement of the Term of this Agreement, Design Professional must
furnish City with certificates showing the type, amount, effective dates and dates of expiration of
insurance coverage required in this section. Such certificates, which do not limit Design
Professional's indemnification obligations, must also contain substantially the following
statement: "If any of the above insurance covered by this certificate is canceled before the
expiration date thereof, the insurer affording coverage will provide 30 days advance written
notice to the City of Cupertino, Attention: City Manager." Design Professional will maintain in
force at all times during the performance of this Agreement all insurance coverage required by
this Agreement with an insurance company that is acceptable to City and authorized to do
insurance business in the State of California. Design Professional must also submit
endorsements with the certificates naming the City as additional insured in relation to the
commercial general liability and commercial automobile liability policies, as further specified
below.
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A. Coverage. Design Professional must maintain the following insurance coverage:
1 . Workers' Compensation:
Statutory coverage as required by the State of California . If Design
Professional is self-insured, it must provide its duly authorized Certificate
of Permission to Self-Insure.
2 . Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500 ,000
each occurrence
$1,000,000
aggregate -all other
Property Damage : $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the
amounts of $1,000,000 will be considered equivalent to the required
minimum limits shown above.
3. Automotive:
Commercial automotive liability coverage for owned, non-owned and
hired vehicles, in the following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500 ,000 each accident
4. Professional Liability:
Professional liability insurance which includes coverage for the
professional acts , errors and omissions of Design Professional in the
amount of at least $1,000 ,000 per claim and in the aggregate. The
professional liability insurance must include prior acts coverage, which
must remain in effect for four years following the earlier of expiration or
termination of the Term of this Agreement.
B. Subrogation Waiver. Each required policy must include an endorsement that
the insurer waives any right of subrogation it may have against the City or the City's in surers.
Design Profess ional agrees that in the event of loss due to any of the perils for which it has
agreed to provide insurance, Design Professional will look solely to its insurance for recovery.
C. Failure to Comply . If Design Professional at any time during the Term of this
Agreement fails to secure or maintain the required insurance, City may obtain or maintain the
insurance in the Design Professional's name or on behalf of the Design Professional and will be
compensated by the Design Professional for the costs of the insurance premiums at the
max imum rate permitted by law and computed from the date written notice is received that the
premiums have not been paid .
D. Additional Insured Endorsements. City, its City Council, boards and
commissions, officers, officials, employees, agen ts and volunteers must be named as additional
insureds under all in surance coverages, except any worker's compens at ion and professional
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liability insurance, required by this Agreement. Any additional insured will not be held liable for
any premium, deductible portion of any loss, or expense of any nature on this policy or any
extension thereof. Any other insurance held by an additional insured will not be required to
contribute anything toward any loss or expense covered by the insurance required under this
Agreement.
E. Sufficiency of Insurance. The insurance limits required by City are not
represented as being sufficient to protect Design Professional. Design Professional is advised
to confer with Design Professional's insurance broker to determine adequate coverage for
Design Professional.
11. INDEPENDENT CONTRACTOR:
City and Design Professional intend that the relationship between them created by this
Agreement is that of owner-independent contractor. The manner and means of providing the
Services are under the control of Design Professional, except to the extent they are limited by
statute , rule or regulation and the express terms of this Agreement. No civil service status or
other right of employment will be acquired by virtue of Design Professional's performance of the
·Services. None of the benefits provided by City to its employees , including, but not limited to,
unemployment insurance, workers' compensation plans, vacation and sick leave, are available
from City to Design Professional, its employees or agents. Deductions will not be made for any
state or federal taxes, FICA payments, PERS payments, or other purposes normally associated
with an employer-employee relationship from any payments due to Design Professional.
Payments for the above items, if required, are the responsibility of Design Professional.
12. SUBCONSULTANTS:
Unless prior written consent from City is obtained, only those individuals and subconsultants
whose names are included in this Agreement, including the Exhibits hereto, may provide
Services under this Agreement. Design Professional must require all of its subconsultants
providing Services under this Agreement to comply with the terms and conditions of this
Agreement. Any subconsultants employed by Design Professional must be required to furnish
proof of workers' compensation insurance and must also be required to carry general,
automobile and professional liability insurance in reasonable conformity to the insurance
required for Design Professional.
13. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Design Professional assumes any and all responsibility for verifying the identity and
employment authorization of all of its employees performing the Services, pursuant to all
applicable IRCA or other federal, or state laws , rules or regulations. Design Professional will
indemnify and hold City harmless from and against any loss, damage, liability, costs or
expenses arising from any noncompliance with this section by Design Professional.
14. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable employer or
employee conduct, Design Professional agrees that harassment or discrimination directed
toward a job applicant, an employee , a City employee, or any other person , by Design
Professional or Design Professional's employees or subconsultants on the basis of race ,
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religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy,
sex, age, sexual orientation, or any other protected classification will not be tolerated. Any
violation of this provision by Design Professional, its employees, subconsultants or agents
constitutes a material breach of this Agreement, and grounds for termination for cause.
15. PROHIBITION AGAINST TRANSFERS:
Design Professional will not assign, sublease, hypothecate, or transfer this Agreement, or any
interest therein, directly or indirectly, by operation of law or otherwise, without prior written
consent of City. Any attempt to do so without City's consent will be null and void, and any
assignee, sublessee, hypothecate or transferee will acquire no right or interest by reason of any
attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Design Professional, or of the
interest of any general partner or joint venturer or syndicate member or cotenant, if Design
Professional is a partnership or joint venture or syndicate or cotenancy, which results in
changing the control of Design Professional as a legal entity, will be construed as an
assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of
the business entity.
16. PERMITS AND LICENSES:
Design Professional, at its sole expense , must obtain and maintain during the term of this
Agreement, all appropriate permits , certificates and licenses including, but not limited to , a City
Business License that may be required in connection with the performance of the Services.
17. WORK PRODUCT;
A. Property Rights. Any interest (including copyright interests) of Design
Professional or its subconsultant(s) in any work product, document, report, draft, memoranda,
map, record, plan, drawing, specification and other deliverable, in any medium (collectively,
"Work Product"), which has been prepared or created by Design Professional or its
subconsultant(s) pursuant to or in connection with this Agreement, will be the exclusive property
of City. No Work Product, information or other data given to or prepared, created, or assembled
by Design Professional or its subconsultant(s) pursuant to this Agreement may be made
available to any individual or organization by Design Professional or its subconsultant(s) without
prior written approval by City. All provisions of this section survive expiration or termination of
this Agreement.
B. Copyright. To the extent permitted by Title 17 of U.S. Code, all Work Product
prepared or created under this Agreement is deemed works for hire and all copyrights in such
Work Product will be the property of City. In the event that it is ever determined that any Work
Product prepared or created by Design Professional or any subconsultant under this Agreement
are not works for hire under federal law, Design Professional hereby assigns to City all
copyrights to such Work Product when and as created. Subject to City's prior written approval,
Design Professional may retain and use copies of such Work Product for reference and as
documentation of its experience and capabilities and in its promotional materials . With respect
to Design Professional's standard details, Design Professional may retain the copyright, but
grants to City a perpetual non-exclusive license to use such details in connection with the
Services .
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C. Patents and Licenses. Design Professional must pay any and all royalties or
license fees required for authorized use of any third party intellectual property, including, but not
limited to, patented, trademarked, or copyrighted intellectual property that it selects for
incorporation into the Services or Work Product provided under this Agreement.
D. Re-Use of Work Product. Without limiting any other City right to any of the
Work Product prepared or created by Design Professional or its subconsultants, and subject to
the limitations of law, all Work Product prepared under this Agreement may be used or modified
by the City or its authorized agents in execution or implementation of:
1. The original Services for which Design Professional was hired;
2. Completion of the original Services by others;
3. Subsequent additions to the original Services; and/or
4. Other City projects.
E. Deliverables and Format. Electronic and hard copies of Design Professional's
Work Product will constitute the Project deliverables. Plans must be in CAD and PDF formats,
and unless otherwise specified, other documents must be in Microsoft Office applications and
PDF formats. All written Work Product required to be provided by this Agreement (other than
large-scale architectural plans and s imil ar items) must be printed on recycled paper and copied
on both sides of the paper except for one original, which must be single-sided.
18. RECORDS:
Design Professional must maintain complete and accurate records with respect to sales, costs ,
expenses , receipts and other such information required by the City that relate to the
performance of Services under this Agreement. Des ign Professional must maintain adequate
records of Services provided in sufficient detail to permit an evaluation of the Services. All such
records must be maintained in accordance with generally accepted accounting principles and
must be clearly identified and readily accessible. Design Professional must provide free access
to such books and records to the City or its agents at all times during Design Professional's
normal business hours. Design Professional must give the City or its agents the right to exam ine
and audit those items, and to make transcripts or copies as necessary, and to inspect all work,
data, documents, proceedings and activities related to this Agreement. Such records, together
with supporting documents, must be kept separate from other documents and reco rds which are
unrelated to this Ag re ement and must be maintained for a period of three years after receipt of
final payment from the City.
If supplemental examination or audit of the records is necessary due to concerns raised by
City's preliminary examination or audit of records, and the City's supplemental examination or
audit of the records discloses a failure to adhere to appropriate internal financial controls , or
other breach of contract or failure to act in good faith, then Design Professional must reimburse
City for all reasonable costs and expenses associated with the supplemental examination or
audit. The requirements of this section survive expiration or termination of this Agreement.
19. NOTICES:
All notices , demands, requests or approvals to be given under this Agreement must be given in
writing and will be deemed served when delivered personally; or on the second business day
after the deposit thereof in the United States Mail , postage prepaid, registered or certified; or
upon confirmation of delivery by a reputable overnight delivery service.
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For Design Professional Servic es
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A. To City. All notices , demands, requests, or approvals from Design Professional
to City must be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: John Raaymakers
B. To Design Professional. All notices, demands, requests, or approvals from City
to Design Professional must be addressed to Design Professional at:
HMH Engineers, Inc.
1570 Oakland Road
San Jose, CA 95131
Attention: William J. Wagner
20. TERMINATION:
A. Termination for Convenience. City may, at any time, acting in its sole
discretion and without cause, terminate this Agreement for convenience by giving written notice
to Design Professional at least seven days before the effective date of the termination. If the
Agreement is terminated pursuant to this paragraph, the City will compensate Design
Professional for all Services satisfactorily performed prior to the effective date and time of the
termination, in accordance with this Agreement.
B. Termination for Cause. If Design Professional fails or refuses to perform any of
its duties under this Agreement at the time and in the manner required, Design Professional will
be deemed in default of this Agreement. If the default is not cured or diligently attempted to be
cured by Design Professional within the time specified in the City 's written notice of default, or if
the Design Professional has otherwise materially breached the Agreement, the City may
terminate the Agreement for cause by giving written notice to Design Professional at least seven
days before the effective date of the termination, unless otherwise specified in the written notice
of default.
C. Duties upon Termination. If the Agreement is terminated, whether for
convenience or cause, within seven days of the effective date of the termination, Design
Professional must promptly deliver to City copies of all Work Product, deliverables, or
documents prepared by Design Professional under this Agreement, including both print and
electronic versions. Full compliance with this requirement is a condition precedent to final
payment following termination. This paragraph survives termination of the Agreement.
21. LEGAL REQUIREMENTS:
Design Professional must comply with all applicable local, state or federal laws, rules and
regulations, and all ordinances, rules and regulations enacted or issued by City. In addition, if
any of the Services provided under this Agreement are subject to prevailing wage requirements
under Labor Code Section 1720 et seq., the following provisions apply to those Services:
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A. Prevailing Wages. To the extent applicable, Design Professional must comply
with the City 's Labor Compliance Program and all other requirements set forth in Labor Code
section 1770 et seq .
B. Working Day. To the extent applicable, Design Professional must comply with
California Labor Code Section 1810, et seq . which provides that work performed by employees
of contractors in excess of 8 hours per day, and 40 hours during any one week, must be
compensated as overtime , at not less than 1 % times the basic rate of pay.
C. Payroll Records. To the extent applicable, Design Professional must comply
with California Labor Code Section 1776 which requires certified payroll records be maintained
w ith the name, address, social security number, work 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 by him or her in connection with this
Agreement. The payroll records must be made available for inspection as provided in
California Labor Code Section 1776.
D. Apprentices. To the extent applicable, Design Professional must comply with
California Labor Code Section 1777.5 regarding apprentices.
22. DISPUTE RESOLUTION:
This Agreement will be interpreted under and enforced by the laws of the State of California
excepting any choice of law rules which may direct the application of laws of another
jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders ,
rules, and regulations of the authorities having jurisdiction over this Ag ree ment (or the
successors of those authorities). Any suits brought pursuant to this Agreement must be filed
with the Superior Court for the County of Santa Clara, State of California , and no other place . If
the parties engage in arbitration to resolve a dispute relating to this Agreement, the arbitrator's
award must be supported by law and substantial evidence, and must include detailed written
findings of law and fact. This section survives expiration or termination of the Agreement.
23. ATTORNEY FEES:
If the City initiates a legal action, including a complaint or cross-complaint, arising out of, relating
to or seeking the interpretation or enforcement of the terms of this Agreement, the prevailing
party will be entitled to reasonable attorney fees and costs, including the attorney fees and costs
for any arbitration, appeal, or enforcement of judgment. This attorney fee provision does not
apply to legal actions initiated by the Design Professional. This section survives expiration or
termination of the Agreement.
24. ADVERTISEMENT:
Design Professional may not post, exhibit, display or allow to be posted, exhibited, displayed
any signs, advertis ing, posters or cards of any kind on City property performed under this
Agreement without prior written approval from the City.
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25. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained herein will not be
deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or
condition contained herein, whether of the same or a different character.
26. THIRD PARTY BENEFICIARIES:
There are no intended third party beneficiaries of this Agreement.
27. RECITALS:
The parties agree that the above recitals, which are made part of this Agreement, are true and
correct.
28. INTEGRATED AND AMENDMENT:
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or im pl ied covenant will be
held to vary the provisions hereof. Any modification of this Agreement will be effective only by
written instrument signed by authorized representatives for both City and Design Professional. If
any provision of this Agreement is determined to be illegal, invalid, or unenforceable by a court
of competent jurisdiction, all remaining provisions will remain in full force and effect.
29. CONFLICT OF INTEREST:
Design Professional warrants that it is not a conflict of interest for Design Professional to
perform the Services required by this Agreement. Design Professiona l may be required to fill
out a conflict of interest form if the Services provided under this Agreement require Design
Professional to make certain governmental decisions or serve in a staff capacity as defined in
Title 2, Division 6, Section 18700 of the California Code of Regulations.
30. GIFTS:
Design Professional is familiar with City's prohibition against the acceptance of any gift by a City
officer or designated employee, as set forth in City Administrative Procedures. Design
Professional agrees not to offer any City officer or designated employee any gift prohibited by
the Administrative Procedures. Offering or giving a prohibited gift constitutes a material breach
of this Agreement by Design Professional. In addition to any other remed ies City may have in
law or equity, City may terminate this Agreement for cause as provided in Section 20 of this
Agreement.
31. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement is deemed to be
enacted herein , and the Agreement will be read and enforced as though each were included
herein. If through mistake or otherwise, any such provision is not inserted or is not correctly
inserted, the Agreement will be amended to make such insertion on application by either party.
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32. EXECUTION:
The person executing this Agreement on behalf of the Design Professional represents and
warrants that the Design Professional has full right, power, and authority to enter into and carry
out all actions contemplated by this Agreement and that he or she is authorized to execute this
Agreement, which constitutes a legally binding obligation of Design Professional. This
Agreement may be executed in counterparts, each one of which is deemed an original and all of
which, taken together, constitute a single binding instrument.
33. HEADINGS:
The headings in this Agreement are for convenience only, are not a part of the Agreement and
in no way affect, limit or amplify the terms or provisions of this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
DESIGN PROFESSIONAL
HMH
Title f/;u. Pv-es;dw.-t
Date_q ___ .,_~_( (;, __ _
Tax l.D . No.: q4-'1-9Z.O'f i1
Address: (G''1o (ltJt(t::.fa,..J7ZJ .
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City of Cupertino
HMH Engineers, Inc .
For Design Professional Services
CITY OF CUPERTINO
A Municipal Corporation
APPROVED AS TO FORM:
i,J)I' )))-) tJ Randolph Stevenson Hom, City Attorney
ATTEST:
6u~<(il-
Grace Schmidt , City Clerk q, lO ./b
Contract Amount: $1,000,000
Account No.: by Service Order
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Page 12of12
EXHIBIT A
Scope of Services
Design Professional shall provide certain Civil Engineering services as required and requested
by City.
Design Professional shall provide services under this Master Agreement on an "as needed"
basis and only (1) upon written request from City's Director of Public Works or authorized Agent
as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service
Order.
Section 1-General Provisions
A. Design Professional shall perform all services to the sat isfaction of City 's Public Works
Director or authorized Agent.
B. Design Professional shall perform all services under this agreement to the currently
prevailing professional standards and quality found among Civil Engineering Design
Professionals with similar knowledge and skill engaged in related work throughout California
under the same or similar circumstances.
C. Design Professional shall perform services under this Master Agreement only by
authorization of a fully executed Service Order which shall clearly provide the nature of the
specific services, the time limit within which such services must be completed, and the
compensation for such services . City shall incorporate each authorized and fully executed
Service Order into the terms and conditions of this Master Agreement.
D. Design Professional shall begin work only after receipt of a fully authorized and executed
Service Order and shall execute the Project work as deta iled in the Service Order.
Unauthorized services performed by Design Professional shall be at no cost to City.
E. City shall designate a Project Manager for each fully executed Service Order under this
Agreement. Design Professional shall coordinate the Service Order performance with City's
designated Project Manager.
Section 2. Basic Services
As authorized by a fully executed Service Order, Design Professional shall provide Civil
Engineering services for various City Public Works Projects in accordance with the following:
HMH Engineers, Inc .
For Design Professional Servi c es EXHIBIT A PAGE 1OF11
A. General Performance Requirements
For each assigned Project:
1. Design Professional shall designate a Project Manager and provide to City the
names of their team members for the Project. The team members shall be satisfactory
to City. Design Professional shall not substitute any team members without the prior
approval of City. City retains the right to reject team members assigned by Design
Professional or require replacement of team members.
2. Design Professional shall effectively manage and administer the Project for the
efficient, progressive, and proactive delivery of the Project.
3. Design Professional shall be responsible for managing and coordinating the work
of all sub-Design Professionals and subcontractors.
4 . Design Professional shall consult and coordinate with the City and communicate
with members of the Project team.
5. Design Professional shall schedule meetings and prepare meeting agendas and
minutes for all Project meetings. All minutes of meetings are due to the City within ten
(10) calendar days after the meeting in a digital format and shall also be provided to
other appropriate agencies and entities, as directed by City.
6. Design Professional shall communicate weekly with City 's assigned Project
Manager to provide an update on the current status of the Project and provide a brief
written summary report.
B. Specific Performance Requirements
For each assigned Project, Design Professional may provide any or all of the following tasks
and subtasks, as is required for the specific Project:
Task 1.0 Pre-Design Studies
1.01 Project Analysis: For budget programming purposes, analyze the Project proposal to
identify and describe initial Project goals and objectives, develop a scenario to address
Project goals and objectives, Project delivery process, and cost estimate to deliver the
proposed Project.
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For Design Professional Services EXHIBIT A PAGE 2 OF 11
1.02 Feasibility Study: Perform a Feasibility Study for the proposed Project. Study will
include a professional analysis of the ability of the agency to provide the desired
improvements/outcomes within the available budget, and considering other defined
constraints such as right-of-way. Other factors to be considered include constructability,
time to design and construct, and environmental impacts. Study will also include the
outcome of the proposed improvements including traffic impacts, maintenance
implications, cost to construct, cost of right of way acquisition, conformance with the
General Plan, construction impacts, impacts to specific properties, and other information
that will assist the City in determining whether or not to construct the Project.
1.0 Deliverables: (all deliverables digital unless otherwise noted)
1.01 Project Analysis Report
1.02 Feasibility Report
Task 2.0 Data Collection
2.01 Existing Data Assembly: Design Professional shall review Project data provided by the
City including, but not limited to: topographic survey, geotechnical reports, traffic studies,
CEQA documents, other environmental studies, tree surveys, arborist's reports ,
approved Master Plan(s), or other such data. The Design Professional shall be entitled
to reasonably rely upon the accuracy and sufficiency of any information provided to the
Design Professional by the City or the City's agents.
2.02 The Design Professional shall identify discrepancies or shortcomings among the existing
data, and identify solutions for resolution, and propose generation of additional site
information necessary to provide an accurate Project Base Map.
2.03 The Design Professional shall utilize existing data to the extent possible and inform the
City immediately of problems associated with using existing data for Project base
information .
2.04 Utility Coordination: Coordinate with all utility owners who may have facilities within the
Project area or that may be impacted by the Project work. Transmit preliminary plans for
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For Design Professional Services EXHIBIT A PAGE 3 OF 11
the identification of potential conflicts. Coordinate potholing by utility companies and
owners as required .
2.05 Field Survey: Perform field survey of existing control and monumentation. Locate
existing survey monuments and accessible property corners and compute the existing
right-of-way based on boundary evidence, records maps, and preliminary title reports.
Prepare a calculated base map of the existing record right-of-way for use in design.
2.06 Topographic Survey: Perform field Topographic Survey to obtain locations of utility
surface facilities, inverts of accessible storm drain manholes, inlets, and sanitary sewer
manholes . Obtain location and sizes of all trees and other existing features that may
impact the Project design .
2.07 Geotechnical Report: Perform a geotechnical field investigation and soil boring,
perform laboratory testing and prepare a geotechn ical report that includes boring logs
and recommendations for grading, pavement structural sections, foundations, and slope
stability as well as trench excavation and backfill requirements as appropriate for the
Project work . Investigation may also include percolation and other tests related to storm
water treatment I C3 requirements.
2.0 Deliverables: (all deliverables digital unless otherwise noted)
2 .01 Source Document Listing
2.02 Proposal of Additional Investigative Actions
2.03 Details of Problematic Data
2.04 Summary of Utility Companies Contacted and Actions Taken
2.05 Scaled Base Map in AutoCAD (current version) Format
2.06 Project Area Surface Features Added to Base Map in AutoCAD Format
2.07 Geotechnical Report
Task 3.0: Preliminary (35%) Design
3.01 Meetings: Participate in two (2) design team meetings with representatives of the City
during the Preliminary Design phase and provide written meeting minutes to the City
with in two (2) business days.
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For De sign Profes sional Services EXHIBIT A PAGE 4 OF 11
3.02 Alternatives Analysis: Provide alternatives to accomp lish the Project goals and
objectives. Include a comparison of the alternatives that includes, at a minimum,
achievement of goal(s), construction cost, maintenance implications/costs , energy use,
construction impacts, and time to construct. Include identification of agencies or
jurisdictions that would need to be coordinated with for each alternative.
3.03 Preliminary Plans: Prepare Preliminary Design Plans and submit them to the City for
rev iew and comment. The plans shall be prepared digitally using current AutoCad
software. The plans shall be formatted per City standards and submitted with other
Preliminary Des ign Documents as noted below.
The Preliminary Plans will include the major items of work needed to accomplish the
Project goals .
The sheets to be provided for this Preliminary Plan submittal may include :
Tit le/Index Sheet
Demolition Plans
Improvement Plans
Typical Cross Sections
Preliminary Street Al ignment Plans and Profiles
Preliminary Utility Plans
Striping Plans
Planting
Details
3.04 Preliminary Estimate: Prepare a Prel iminary Estimate of Probable Construction Cost
based on items and quantities of work shown on the Prelim inary Plans and other
anticipated improvements. Prices will be based on the magn itude of the quantities and
the Design Professional's experience with similar local projects and engineer's
judgment.
3.0 Deliverables: (all deliverables digital unless otherwise noted)
3.01 Meeting Notes
3.02 Project Alternatives Analysis
3.03 Pre limi nary Plans
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For Design Profess ion al Services EXHIBIT A PAGE 5 OF 11
3.04 Preliminary Construction Cost Estimate
Task 4. 0 Construction Document Development
4.01 Meetings: Participate in two (2) design team meetings with representatives of the City
during the Construction Document phase and provide written meeting minutes to the City
within two (2) business days.
4.02 65% Construction Documents: The 65% Construction Documents shall be a refinement
of the Preliminary Design documents and are to be based on comments received for the
Preliminary review. The 65% Plans, Draft Technical Specifications, and 65% Cost
Estimate shall be submitted together.
4.03 65% Plans: Prepare 65% Design Plans and submit them to the City for review and
comment. 65% plans shall include any sheets not previously submitted (erosion control,
draft details, etc.). Advance the design to the point that all major design issues and
solutions are represented in the plans. The following types of plans may be prepared:
Title Sheet, Legend and Notes
Typical Cross Sections
Demolition Plans
Street Improvement Plans and Profiles
Utility Plans and Profiles
Construction Details
Traffic Handling and Construction Area Signs
Signing and Striping Plans
Erosion Control Plans
Cross Sections
4.04 Draft Technical Specifications: Prepare Draft Technical Specifications and submit them
to the City for review and comment. The Technical Specifications are to reference City or
Caltrans Standard Specifications for the various items of work, including measurement
and payment provisions.
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For Design Professional Services EXHIBIT A PAGE 6 OF 11
4.05 65% Cost Estimate: Prepare a 65% Estimate of Probable Construction Cost based on
items and quantities of work shown on the 65% Plans and other anticipated
improvements. Prices will be based on the magnitude of the quantities and the Design
Professional's experience with similar local projects and engineer's judgment.
4.06 95% Construction Documents: The 95% Construction Documents shall be a refinement
of the 65% Design Documents and are to be based on comments received for the 65%
review . The 95% Plans, Final Technical Specifications, and 95% Cost Estimate shall be
submitted together.
4.07 95% Plans: Prepare 95% Design Plans and submit them to the City for review and
comment.
4.08 Final Technical Specifications: Update the Draft Technical Specifications and submit
the Final Techn ical Specifications to the City for review and comment. The technical
specifications are to reference City or Caltrans Standard Specifications for the various
items of work, including measurement and payment provisions.
4.09 95% Cost Estimate: Prepare a 95% Estimate of Probable Construction Cost as needed
based on items and quantities of work shown on the 95% Plans and other anticipated
improvements. Prices will be based on the magnitude of the quantities and the Design
Professional's experience with similar local projects and engineer's judgment.
4.0 Deliverables: (all deliverables digital unless otherwise noted)
4 .01 Meeting Notes
4.03 65% Design Plans
4.04 Draft Technical Specifications
4 .05 65% Construction Cost Estimate
4.07 95% Design Plans
4.08 Final Technical Specifications
4 .09 95% Construction Cost Estimate
Task 5.0: Final (100%) Construction Documents
HMH Engineers, Inc .
For Design Profes sional Services EXHIBIT A PAGE 7 OF 11
5.01 100% Construction Documents: The 100% Construction Documents shall address
any comments received for the 95% review. The 100% Plans, Technical Specifications,
and Cost Estimate shall be submitted together on digital media, either a flash drive or a
CD/DVD.
In addition, provide two (2) complete wet signed , stamped sets of Construdion
Documents and Technical. The submitted documents shall be in reproducible, hard
copy format.
City will review the 100% Construction Documents for confirmation that respon ses to all
previously provided comments are appropriately integrated. Design Professional is to
make any changes to the 100% plans that are requested by City .
5.02 100% Plans: Prepare 100% Design Plans and submit them to the City.
5.03 100% Technical Specifications: Update the Final Technical Specifications and submit
the 100% Technical Specifications to the City.
5.04 100% Cost Estimate: Prepare a 100% Estimate of Probable Construction Cost as
needed based on items and quantities of work shown on the 100% Plans
5.0 Deliverables: (all deliverables digital unless otherwise noted)
5.02 100% Plans (digital+ hard copies)
5.03 100% Technical Specifications (digital + hard copies)
5.04 100% Cost Estimate
Task 6.0: Bid and Award Support
6.01 Bid Period Assistance: Provide the following bid phase services, at the City's request,
through award of the construction contract:
a . Attend the general contractor pre-bid meeting.
b . Respond to bidders' questions until the question cutoff period identified in the
bid documents package.
c . Assist in the review and processing of substitution submittals during Bid phase.
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For Design Professional Services EXHIBIT A PAGE 8 OF 11
6.02 Addenda Preparation: As requested by City, prepare addenda to Project documents
including, but not limited to, new or revised Plans, new or revised Technical
Specifications and/or removal of items from the Project Plans and/or Specifications.
6.03 Project Document Conformance: Update the Construction Document package to
include all addenda issued during the Bid process and submit a Conformed Set of
Drawings and Specifications to the City within ten (10) days of the contract award.
The Design Professional shall provide two (2) complete wet signed, stamped Conform
Sets of Construction Documents and Technical Specifications that includes the 100%
Construction Documents Package and all bid addenda. The submitted documents shall
be in reproducible, hard copy format.
In addition, the Design Professional shall provide complete electronic format Conform Set
Construction Documents and Technical Specifications in 1) native file formats (AutoCAD,
MS Word) and 2) pdf on a CD/DVD or flash drive media.
6.0 Deliverables: (all deliverables digital unless otherwise noted)
6.01 b Written response to Bidders' questions
6.01c Written evaluation of substitution submittals
6.02 Project Addenda
6.03 Conformed Project Documents
Task 7.0: Construction Support
7.01 Submittal Review: Review and approve or reject the Contractor's submittals within five
(5) working days of receipt. The Design Professional may request additional review time
for particularly complex or unusual submittals. The City shall not grant additional review
time for standard construction item submittals . The Design Professional shall maintain a
detailed record of all submittals and content supplied by the Contractor.
7.02 Requests for Information: Review Contractor Requests for Information (RFI) and
provide a written response to the Contractor with a copy to the City, within five (5)
working days of receipt. The Design Professional's response may provide, with advance
City approval, supplemental drawings and/or specifications necessary to clarify the RFI.
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For Design Professional Services EXHIBIT A PAGE 9 OF 11
7.03 Change Orders: Review and advise the City on requests by the City or Contractor for
changes in the construction of the Project. The Design Professional shall review City
prepared Contract Change Orders and, where necessary, prepare Drawings and
Specifications to describe Work to be added, deleted or modified . The Design
Professional shall maintain all records relative to changes in the construction.
7.04 Site Meetings: Attend up to two (2) site meetings in the Construction phase and provide
meeting minutes to the City within two (2) business days.
7.0 Deliverables: (all deliverables digital unless otherwise noted)
7.01 Responses to submittals, submittal log
7.02 Responses to Requests for lnfomation
7.03 Review comments for City prepared Change Orders
7.04 Meeting Minutes
Other Tasks/Services that may be assigned per Project needs:
• Plan line study
• Corridor study
• Community Outreach Support/Design Visualization
• Utility Coordination
• Permit Acquisition
• Traffic Signal Design
• Street Lighting Design
• Structural Design
• Green Street Infrastructure Design
• Complete Street Roadway Design
• Environmental Engineering
• Storm Water Conveyance and Treatment Design
• Fiber Optic/Communication Design
• Aerial Photometric Survey
• Legal Descriptions and Plat Maps
• Planting and Irrigation Design
• Roadway Aesthetic Treatments
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For Design Professional Services EXHIBIT A PAGE 10 OF 11
Task 8.0: Additional Services
Design Professional services not specifically identified in the Scope of Services shall be
considered Additional Services. At the City 's request, the Design Professional shall
provide a fee proposal for specific additional services consistent with the professional rate
schedule in Exhibit C.
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For Design Profe ss ional Services EXHIBIT A PAGE 11 OF 11
EXHIBIT B
Service Order Form
Each Service Order for work under this Master Agreement shall be initiated and executed as
provided for in the Master Agreement, Section 2.A, Service Order Development. An exemplar
of the Service Order form follows.
HMH Engineers, Inc .
For Design Professional Services EXHIBIT B
City of Cupertino
MASTER AGREEMENT FOR CONSULTANT SERVICES
SERVICE ORDER
MASTER AGREEMENT
p 0 #: Service Order No.: __ _
Maximum Compensation:~------
Term: NTP:
Approval by:
Consultant:
City Manager D
City Council D
(name)
(street add ress)
(city, state, zip)
Contact Name:
PROJECT DESCRIPTION
Project Name:
End Date:
Director D
Item Number:
Phone:
Ooescription: (simple project description if appropriate)
Date:
Date:
0Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
CITY PROJECT MANAGEMENT
Managing
Department: Public Works Project Manager:
~---------~
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For Design Professional Services Page 1of2
~-----------~
Service Order No. 1
City of Cupertino
MASTER AGREEMENT FOR CONSULTANT SERVICES
SERVICE ORDER
BUDGET I FISCAL
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.O. # -(charge acct 110.) -(project name) -----· ··-·· .. ····--············-··-···············-·-····-·-···--------·-·---·-····-·----·-······-···-·-
S. O. # -(charge acct no.) -(project name)
Amount
$0
$0
$0
Total Previously Enc umbered to Date: $0
Current Unencumbered amount in MA: $0
Encumbrance:
S.0. # -(charge acct no.) -(project name)
Tota l Encumbered to Date including this S.O.:
Master Agreement Balance:
Contract Date :
APPROVALS
Consultant: Date:
Director of Public Works: Date:
Appropriation Certification: I hereby certify that an w1exp ended appropriation is
available in the above fund for the above contract as estimated and that funds are available
as of this date of signature.
City Finance: Date:
Management Analyst
HMH Enginee rs, Inc.
$0
$0
$0
For Design Professiona l Services Page 2 of 2 Service Order No. 1
EXHIBITC
Compensation
Capitalized terms which are defined in the Agreement have the same meaning in this Exhibit C.
The City will compensate the Design Professional for satisfactory performance of duly
authorized Services, based on the hourly rate(s) set forth below . The hourly rates are deemed
to include all costs including, salary, wages, benefits, taxes, insurance, and the like paid to or on
behalf of each individual providing the Services, and are also deemed to include profit,
overhead, vehicle , equipment and supply costs and the like. The hourly rates do not include
reimbursable expenses, which are addressed below . These hourly rates will remain in effect for
the Term of the Agreement unless changed by written amendment to the Agreement. Total
compensation for Services provided pursuant to a Service Order, including reimbursable
expenses, may not exceed the maximum compensation authorized under the Service Order.
Design Professional Hourly Rates:
Principal $210-350 per hour
Civil Engineering or Land Surveying Manager $178 per hour
Senior Civil Engineering or Land Surveying Manager $198 per hour
Land Development Manager $172-244 per hour
Senior Planner $200 per hour
Senior Civil Engineer, Land Surveyor, or Landscape Architect $164 per hour
Design Specialist $152-184 per hour
Project Planner $180 per hour
Project Civil Engineer, Land Surveyor, or Landscape Architect $152 per hour
Project Arborist $140 per hour
Engineer, Planner, Surveyor, or Landscape Designer $142 per hour
Assistant Engineer, Surveyor, Planner, or Landscape Designer $130 per hour
Junior Engineer, Surveyor, Planner, or Landscape Designer $120 per hour
Senior Technician $132 per hour
Project Technician $122 per hour
Technician $114 per hour
Assistant Technician $104 per hour
Junior Technician $88 per hour
Project Support Staff $86 per hour
Field Services
2-Man Field Crew
3-Man Field Crew
1-Man Field Crew
Senior Field Engineer
Reimbursable Expenses:
$244 per hour
$320 per hour
$168 per hour
$160 per hour
Reimbursable expenses include the cost of items, other than direct labor, specifically required to
perform the Services, excluding normal business operat ing expenses and overhead, which are
HMH Engineers, Inc.
For Des ign Profess ional Servi ce s EXHIBITC PAGE 1OF2
included in the direct hourly rates set forth above. City will compensate Design Professional for
such reimbursable expenses only with prior written authorization by the individual designated as
the City Representative in Section 8, Project Coordination, of the Agreement. The City will
reimburse the Design Professional for allowable reimbursable expenses for the documented
actual cost only, with no surcharge or markup for Design Professional administration.
Reimbursable expenses must be separately identified on the Design Professional invoice and
documentation of each reimbursable expense must be submitted to the City upon request and
maintained as required under Section '18 , Records , of the Agreement. Allowed reimbursable
expenses include, but are not limited to:
• Individual or multiple document reproductions that exceed 50 pages ;
• Drawing or bid set reproductions;
• Special software required by City specifically for a project, excluding standard software
programs such as Microsoft Office suite applications (i.e. Word, Excel, PowerPoint,
Project, etc.); Adobe Acrobat; or standard photo editing programs.
• Travel expenses to the extent allowed by City policy, and subject to any limitation on
allowable travel expenses under a Service Order, with mileage reimbursed per the
current IRS standard mileage rate at the time of travel;
• Subconsultants required by project scope of services ;
• Safety equipment required by City policy or the project scope of services ;
• Mass mailing notifications;
• Special expenses for public meetings, such as refreshments, interpreters, security, valet
parking, facility rental, tents or booths, easels, markers, paper, presentation equipment.
END OF EXHIBIT
HMH Engineers, Inc .
For Desig n Professional Services EXHIBITC PAG E 2 OF 2
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C upertino, CA 95014-3202
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ACORD 25 (2014/01) 1 of 2 The ACO RD name a nd logo are registere d marks of ACORD
#S 1811478/M1785384 DAC
DESCRIPTIONS (Continued from Page 1)
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SAGITTA 25.3 (2014/0 1) 2 of 2
#S1811478/M 1785384
City of Cupertino
MASTER AGREEMENT FOR CONSULTANT SERVICES
SERVICE ORDER
MASTER AGREEMENT U>N~ 7--0 ( 1-... 3
p 0 #: 2017-257 -?<> ~\ Service Order #: 1
Maximum Compensation: $ 1,000,000.00
Term: NTP:
Approval by:
Consultant:
September 6,2016
City Manager D Director D
City Council l•I Item #: _1_9 ___ _
Firm Name: HMH Engineers, Inc.
Sqeet: 1570 Oakland Road
City, State, Zip: San Jose, CA 95131
Contact Name: William J. Wagner
PROJECT DESCRIPTION
Project Name: McClellan Road Sidewalk Improvement -Phase 2
[}JDescription: (simple project description if appropriate)
End Date: December 31, 2018
Date:
Date: September 6, 2016
Phone: 408-487-2200
(i!]Attachrnent A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
CITY PROJECT MANAGEMENT
Managing
Department:
City of Cupertino
Master Agreement
Public Works Project Manager: John Raaymakers
------------~
Page 1of2 Service Order No. 1
City of Cupertino
MASTER AGREEMENT FOR CONSULTANT SERVICES
SERVICE ORDER
BUDGET I FISCAL
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
5.0. # _____________________ _
5.0.#~------------------------
5.0.#~------------------------
5.0.#~------------------------
5.0. # _____________________ _
5.0.#~------------------------
5.0.#~-----------------------~
5.0.#~-----------------------~
5.0. # _____________________ _
5.0.# ________________________ ~
Amount
$ 1,000,000.00
Total Previously Encumbered to Date: $ 0.00 -----Current Unencumbered amount in MA: $ 1,000,000.00
Encumbrance:
5.0. # 1 Acct. 270-90-976-900-905-ST 009-02-02 McClellan Rd. Sidewalk Improve. Ph.2 $ 254,882.00
Contract
Manager:
APPROVALS
Consultant:
1 /V
Director of Public Work ·
Total Encumbered to Date including this 5.0.: $ 254,882.00
Master Agreement Balance: $ 745,118.00
Date: /tJ · i ·lk
Date: /fJ · 3-/ft:,
Date: /O ·-f -1(;
Appropriation Certification: I hereby certify that an unexpended appropriation is
available in the above fund for the above contract as estimated and that funds are available
as of this date of signature.
City Finance:
City of Cupertino
Master Agreement
Management Analyst
Date:
Page 2 of 2 Service Order No. 1
Service Order# 1
Attachment A
SCOPE OF SERVICES
Design Professional shall provide certain Civil Engineering services as required and requested
by City.
Design Professional shall provide services under this Master Agreement on an "as needed"
basis and only (1) upon written request from City's Director of Public Works or authorized Agent
as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service
Order.
A. Specific Performance Requirements
The Project, as defined below, pertains to the locations shown in Exhibit 1 and specifically
includes locations 1, 2 , 3, 4, 5 (partial), 10, 11, 12, 15 and 16. Work includes filling in of
sidewalk gaps including all changes and improvements needed to accomplish continuous
walkways in the Project areas. This scope excludes any work at locations 6, 7, 8, 9, 13 and 14.
It is assumed that the plans, specifications and estimates will be delivered in two (2) packages
consisting of the elements defined in the tasks below. Package 1 (WEST) will include locations
1,2,3,4, and 5, Package 2 (EAST) will include locations 10, 11, 12, 15 and 16. This division will be
used for deliverables as directed by the City.
For the Project, Design Professional may provide the following tasks and subtasks, as is
required for the Project:
Task 1.0: Data Collection
1.01 Existing Data Assembly: Design Professional shall review Project data provided by the
City that may include , but is not limited to: topographic survey, geotechnical reports,
traffic studies, CEQA documents, other environmental studies, tree surveys, arborist's
reports, approved Master Plan(s), development plans , or other such data . The Design
Professional shall be entitled to reasonably rely upon the accuracy and sufficiency of any
information provided to the Design Professional by the City or the City's agents.
HMH Engineers, Inc. McClellan Road Sidewalk Improvements
Phase 2 Page 1of13
Service Order # 1
1.04 Utility Record Research: Contact utility companies with facilities within the Project area
as identified by a USA database search. Acquire available utility record drawings and
as-built information . Plot existing utilities within CAD for use in Project base maps .
1.05 Right-of-Way Survey: Perform field survey of existing control and monumentation.
Locate existing survey monuments and accessible property corners and compute the
existing right-of-way based on available information that may include boundary evidence
and records maps. Prepare a calculated base map of the existing record right-of-way for
use in design. Design Professional will not resolve the boundary of individual properties
and side property lines of parcels.
1.06 Topographic Survey: Perform field Topographic Survey to obtain locations of utility
surface facilities, inverts of accessible storm drain manholes, inlets, and sanitary sewer
manholes . Survey existing pavement, curbs, sidewalk and other improvements at points
of conform. Obtain location and sizes of trees and other existing features that may
impact the Project design .
1.07 Base Mapping: Plot features collected through topographic survey using current
AutoCAD software on a screened aerial photo base as a background for proposed
improvements .
1.0 Deliverables: (all deliverables digital unless otherwise noted)
1.01 Source Document Listing
1.04 Summary of Utility Companies Contacted and Actions Taken
1.07 Scalable Base Map in AutoCAD (current version) Format
Task 2.0: Preliminary (35%) Design
2.01 Meetings: Participate in two (2) design team meetings with representatives of the City
during the Preliminary Design phase and provide written meeting minutes to the City
within two (2) business days.
2.02 Preliminary Plans: Prepare Preliminary Design Plans and submit them to the City for
review and comment. The plans shall be prepared digitally using current AutoCAD
HMH Engineers , Inc. McClellan Road Sidewalk Improvements
Phase 2 Page 2of13
Service Order # 1
software . The plans shall be formatted per City standards and submitted with other
Preliminary Design Documents as noted below .
To the extent practicable and as agreed by City, the design shall integrate green
infrastructure elements that are intended to store, infiltrate, and evapotranspire storm
water.
The Preliminary Plans will include the major items of work needed to accomplish the
Project goals and shall clearly identify the existing right of way limits, but do not need to
include vertical information. The sheets to be provided for this Preliminary Plan submittal
may include:
• Title/Index Sheet
Preliminary Street Improvement Plans
Typical Cross Sections
2.03 Preliminary Estimate: Prepare a Preliminary Estimate of Probable Construction Cost
based on items and quantities of work shown on the Preliminary Plans and other
anticipated improvements. Prices will be based on the magnitude of the quantities and
the Design Professional's experience with similar local Projects and engineer's
judgment.
2.04 Affected Private Property Exhibits: Prepare an exhibit depicting the preliminary curb,
gutter and sidewalk alignments, property lines, preliminary right of way acquisitions, and
privately owned features to be modified for use by the City to engage property owners
regarding potential right-of-way acquisitions.
2.0 Deliverables: (all deliverables digital unless otherwise noted)
2.01 Meeting Minutes
2.02 Preliminary Plans
2.03 Preliminary Construction Cost Estimate
2.04 Affected Private Property Exhibits
HMH Engineers, Inc. McClellan Road Sidewalk Improvements
Phase 2 Page 3of13
Service Order# 1
Task 3.0 Construction Document Development
3.01 Meeting: Participate in two (2) meetings with representatives of the City during the
Construction Document phase and provide written meeting minutes to the City within two
(2) business days.
3.02 Outreach: Attend up to two (2) community meetings scheduled by the City . Prepare
displays to support the community outreach . Displays will include full size Preliminary
Plans with aerial photography backgrounds and other related displays as directed by the
City.
3.03 65% Construction Documents: The 65% Construction Documents shall be a refinement
of the Preliminary Design documents and are to be based on comments received for the
Preliminary review. The 65% Plans, Draft Technical Specifications, and 65% Cost
Estimate shall be submitted together.
3.04 Utility Coordination: Coordinate with all utility owners who may have facilities within the
Project area or that may be impacted by the Project work including meeting participation.
Transmit preliminary plans for the identification of potential conflicts. Coordinate field
reviews and investigative work by utility companies and owners as required. Coordinate
relocation efforts of 3rd party utility owners with the assistance of the City . Review utility
relocation plans for consistency with design drawings.
3.05 65% Plans : Prepare 65% Design Plans and submit them to the City for review and
comment. 65% plans shall include any sheets not previously submitted (erosion control,
draft details, etc.). Advance the design to the point that all major design issues and
solutions are represented in the plans.
The 65% Design Plans shall clearly identify right of way that will need to be acquired
through easements or in fee to construct the proposed improvements.
The following types of plans may be prepared:
Title Sheet, Legend and Notes
Typical Cross Sections
Street Improvement Plans and Profiles
Construction Details
HMH Engineers, Inc. McClellan Road Sidewalk Improvements
Phase 2 Page 4of13
Service Order # 1
• Signing and Striping Plans
3.06 Right of Way Plats and Descriptions: Prepare plat maps and legal descriptions for up
to seventeen (17) property acquisitions or as otherwise required for the Project work,
3.07 Draft Technical Specifications: Prepare Draft Technical Specifications and submit to the
City for review and comment. The Technical Specifications are to reference City or
Caltrans Standard Specifications for the various items of work, including measurement
and payment provisions.
3.08 65% Cost Estimate: Prepare a 65% Estimate of Probable Construction Cost based on
items and quantities of work shown on the 65% Plans and other anticipated
improvements. Prices will be based on the magnitude of the quantities and the Design
Professional's experience with similar local Projects and engineer's judgment.
3.09 95% Construction Documents: The 95% Construction Documents shall be a refinement
of the 65% Design Documents and are to be based on comments received for the 65%
review. The 95% Plans, 95% Technical Specifications, and 95% Cost Estimate shall be
submitted together.
3.10 95% Plans: Prepare 95% Design Plans and submit them to the City for review and
comment.
3.11 95% Technical Specifications: Update the Draft Technical Specifications and submit the
95% Technical Specifications to the City for review and comment. The technical
specifications are to reference City or Caltrans Standard Specifications for the various
items of work, including measurement and payment provis ions.
3.12 95% Cost Estimate: Prepare a 95% Estimate of Probable Construction Cost as needed
based on items and quantities of work shown on the 95% Plans and other anticipated
improvements. Prices will be based on the magnitude of the quantities and the Design
Professional's experience with similar local Projects and engineer's judgment.
3.0 Deliverables: (all deliverables digital unless otherwise noted)
HMH Engineers, Inc . McClellan Road Sidewalk Improvements
Phase 2 Page 5of13
Service Order # 1
3.01 Meeting Notes
3 .05 65% Design Plans
3.06 Plats and Legal Descriptions
3.07 Draft Technical Specifications
3.08 65% Construction Cost Estimate
3 .10 95% Design Plans
3 .11 95% Technical Specifications
3.12 95% Construction Cost Estimate
Task 4.0: Final (100%) Construction Documents
4.01 100% Construction Documents: The 100% Construction Documents shall address
any comments received for the 95% review. The 100% Plans, Technical Specifications,
and Cost Estimate shall be submitted together on a digital media flash drive .
In addition, provide one (1) complete wet signed, stamped set of Construction
Documents and Technical Specifications. The submitted documents shall be in
reproducible, hard copy format.
City will review the 100% Construction Documents for confirmation that responses to all
previously provided comments are appropriately integrated. Design Professional is to
make any corrective changes to the 100% Plans and Technical Specifications that are
requested by City.
4.02 100% Plans: Prepare 100% Design Plans and submit them to the City.
4.03 100% Technical Specifications: Update the Final Technical Specifications and submit
the 100% Technical Specifications to the City.
4.04 100% Cost Estimate: Prepare a 100% Estimate of Probable Construction Cost as
needed based on items and quantities of work shown on the 100% Plans
4 .0 Deliverables: (all deliverables digital unless otherwise noted)
4.02 100% Plans (digital+ hard copies)
4 .03 100% Technical Specificatio ns (digital + hard copies)
4.04 100% Cost Estimate
HMH Engineers, Inc. McClellan Road Sidewalk Improvements
Phase 2 Page 6of13
Service Order # 1
Task 5.0: Bid and Award Support
5.01 Bid Period Assistance: Provide the following bid phase services, at the City's request,
through award of the construction contract:
a. Attend the general contractor pre-bid meeting.
b. Respond to bidders' questions until the question cutoff period identified in the
bid documents package.
c. Assist in the review and processing of substitution submittals during Bid phase .
5.02 Addenda Preparation: As requested by City, prepare up to (2) addenda to Project
documents including, but not limited to, new or revised Plans, new or revised Technical
Specifications and/or removal of items from the Project Plans and/or Specifications.
5.03 Project Document Conformance: Update the Construction Document package to
include all addenda issued during the Bid process and submit a Conformed Set of
Drawings and Specifications to the City within ten ( 10) days of the contract award.
The Design Professional shall provide one (1) complete wet signed, stamped Conform
Set of Construction Documents and Technical Specifications that includes the 100%
Construction Documents Package and all bid addenda. The submitted documents shall
be in reproducible, hard copy format.
In addition, the Design Professional shall provide complete electronic format Conform Set
Construction Documents and Technical Specifications in 1) native file formats (AutoCAD,
MS Word) and 2) pdf on a flash drive media.
5.0 Deliverables: (all deliverables digital unless otherwise noted)
5.01 b Written response to Bidders' questions
5.01 c Written evaluation of substitution submittals
5.02 Project Addenda
5.03 Conformed Project Documents
HMH Engineers, Inc . McClellan Road Sidewalk Improvements
Phase 2 Page 7of13
Service Order # 1
Task 6.0: Construction Support
6.01 Submittal Review: Review and approve or reject the Contractor's submittals within five
(5) working days of receipt. The Design Professional may request additional review time
for particularly complex or unusual submittals. The City shall not grant additional review
time for standard construction item submittals . The Design Professional shall maintain a
detailed record of all submittals and content supplied by the Contractor.
6.02 Requests for Information: Review Contractor Requests for Information (RFI) and
provide a written response to the Contractor with a copy to the City, within five (5)
working days of receipt. The Design Professional's response may provide, with advance
City approval, supplemental drawings and/or specifications necessary to clarify the RFI.
6 .03 Change Orders: Review and advise the City on requests by the City or Contractor for
changes in the construction of the Project. The Design Professional shall review City
prepared Contract Change Orders and, where necessary, prepare Drawings and
Specifications to describe Work to be added, deleted or modified. The Design
Professional shall maintain all records relative to changes in the construction.
6.04 Site Meetings: Attend up to two (2) site meetings in the Construction phase and provide
meeting minutes to the City within two (2) business days.
6.0 Deliverables: (all deliverables digital unless otherwise noted)
6.01 Responses to submittals, submittal log
6 .02 Responses to Requests for lnfomation
6.03 Review comments for City prepared Change Orders
6.04 Meeting Minutes
Task 7.0: Record Drawings
7.01 Prepare Record Drawings from City provided Contractor as-built mark up.
7.02 Provide one (1) 22" x 34 " hard copy as well as PDF and AutoCAD format electronic
copies of the final record drawings.
HMH Engineers, Inc . McClellan Road Sidewalk Improvements
Phase 2 Page 8of13
Service Order # 1
7.0 Deliverables
7.02 Record Drawings
Exclusions
The items listed below are specifically excluded from the scope of work as defined above:
Electrical design pertaining to new or existing streetlights or signals affected by the
Project.
Landscape and/or irrigation design work pertaining to existing or proposed landscaping
or irrigation work beyond general notes on the plans instructing the contractor to
maintain and/or replace affected systems and vegetation.
Special design of non-standard retaining walls.
HMH Engineers, Inc . McClellan Road Sidewalk Improvements
Phase 2 Page 9of13
Se rvice Orde r # 1
SCHEDULE OF PERFORMANCE
The following sets forth the distribution of the Design Professional 's Schedule of Performance
for each Task. Completion times are given as durations with the understanding that some
Tasks may be delayed due to factors outside of the control of the City or Design Professional.
Design Professional will not be penalized in any way for delay of work due to factors outside of
their control.
No additional compensation will be paid due to delay of design work due to factors outside of
the control of the City.
Task #1
Task #2
Task #3
Task#4
Task#5
Task #6
Task #7
HMH Engineers, Inc.
Data Collection
Preliminary Design
Construction Document Development
Final Construction Documents
Bid and Award Support
Construction Support
Record Drawings
McClellan Road Sidewalk Improvements
Phase 2
4 weeks
8 weeks
16 weeks
4 weeks
6 weeks
16 weeks
2 weeks
Page 10of13
Service Order # 1
COMPENSATION
A. Maximum Compensation
The maximum amount of compensation to be paid to Design Professional under this Service
Order shall not exceed Two Hundred and Fifty-Four Thousand , Eight Hundred and Eighty-
Two Dollars ($254,882). Design Professional agrees that it shall perform all of the services
set forth in Exhibit A of this Service Order for a maximum compensation not to exceed Two
Hundred and Fifty-Four Thousand, Eight Hundred and Eighty-Two Dollars ($254,882).
B. Method of Payment
For Tasks 1 through 7 Design Professional shall, during the term of this Service Order,
invoice the City monthly based on a percentage of completion of each milestone set forth
below in the Payment Schedule (Schedule D below) for services performed in completing
that milestone under this Service Order (Hereinafter "Invoice.") Provided the Design
Professional has completed the services covered by the Invoice in accordance with the
provisions of this Service Order and Master Agreement, as determined by the City, the City
will pay Design Professional the amount shown on the Invoice within thirty (30) working days
of receipt of the Invoice.
The Invoice shall be based on the percentage of milestone(s) completed, and it shall
describe the topics and tasks completed during the Invoice period in accordance with the
Budget Schedule and Payment Schedule set forth below. The Invoice shall also show the
total to be paid for the Invoice period .
C . Budget Schedule
The Budget Schedule for this Service Order shall be as follows:
Task #1 Data Collection 29,696
Task #2 Preliminary Design 67,360
Task #3 Construction Document Development 113,704
Task #4 Final Construction Documents 13,824
Task #5 Bid and Award Support 8,992
Task #6 Construction Support 19,208
HMH Engineers, Inc . McClellan Road Sidewalk Improvements
Phase 2 Pag e 11 of 13
Service Order # 1
Task #7 Record Drawings 2 098
$254,882 TOTAL
Design Professional shall not exceed any of the specified budget amounts for any Task
without prior written authorization from the City . The City may approve in writing the transfer
of budget amounts between any of the Tasks listed above provided the total Service Order
amount does not exceed Two Hundred and Fifty-Four Thousand, Eight Hundred and Eighty-
Two Dollars ($254,882).
D. Payment Schedule
The Payment Schedule for this Service Order shall be as follows:
TASKS MILESTONES % OF TASK
COMPENSATION PAID UPON
COMPLETION OF MILESTONE
Task #1 Data Collection
Initial Utility Company Outreach Completed 15%
ROW and Topographic Surveys Completed 60%
Base Map 25%
Task #2 Preliminary Design
Preliminary Plans 70%
Preliminary Cost Estimate 10%
Affected Private Property Exhibits 20%
Task #3 Construction Document Development
65% Plans and Cost Estimate, Draft Tech. Specs 55%
95% Plans, Tech. Specs. and Cost Estimate 25%
Plats and Legal Descriptions for req'd ROW 20%
Task #4 Final Construction Documents
100% Plans, Tech. Specs. and Cost Estimate 100%
Task #5 Bid and Award Support
Response to Bidder Questions 10%
Substitution Submittal Evaluation 10%
Project Addenda
Conformed Project Documents
30%
50%
Task #6 Construction Support
HMH Engineers, Inc. McClellan Road Sidewalk Improvements
Phase 2 Page 12of13
Servi ce Order# 1
Submittal Responses
RFI Responses
Change Order Review
Task #7 Record Drawings
Project Record Drawings
E. Subdesign Professional Services
20%
25%
55%
100%
Design Professional is directly responsible for any payment for Subdesign Professional work
on this Project. Sub design Professional work on this Project is included in the Budget
Schedule shown above and shall be billed to the City by Design Professional as part of the
Tasks covered by this Service Order.
F. Reimbursable Expenses
Reimbursable expenses are included in Design Professional's compensation, including, but
not limited to, any expenses related to Design Professional's internal plan checks, CAD test
prints, and document or fax copies. Plotting and printing for public distribution will be the
responsibility of the City. There are no separate reimbursable expenses for services
performed under Tasks 1 through 7 of Exhibit A of this Service Order.
HMH Engineers, Inc . McClellan Road Sidewalk Improvements
Phase 2 Page 13of13
n
(
c: -0 -..
Proposed Sidewalk
Proposed Sidewalk
(Priority)
1 in= 250 ft
0 250
Feet
Project Map
McClellan Rd
Sidewalk Study
IH TUWIST
CO NS Ul l lN G
G R 0 U P
Figure 3
Map by :M D
Date : 212112013
Aerial Photo Date : 2011
Service Order #2
MASTER AGREEMENT
PO#: 2017-3 Service Order#: 2 ~.;.;...;;._ _________ _ --------
Maximum Compensation: $ 1,000,000.00
Term:NTP: September 6, 2016 End Date: December 31, 2018
Approval by: Date: City Manager D Director D --------
Consultant:
City Council l•I Item #:_1.;..9 ___ _
Firm Name: HMH Engineers, Inc.
Street: 1570 Oakland Road
City, State, Zip: San Jose, CA 95131
Contact Name: WIiiiam J. Wagner
PROJECT DESCRIPTION
Project Name: Sidewalk Renovation-Stevens Creek Blvd
[]Description: (simple project description if appropriate)
Date: September 6, 2016
Phone: 408-487 -2200
[@JExhibit A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
CITY PROJECT MANAGEMENT
Managing
Department: Public Works Project Manager: _J..;..oh_n_R....;a.;.a:...ym....;a.;.,k.;.,er.;.s _____ _
HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 1 of 13
Service Order #2
BUDGET/ FISCAL
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.O. # 1, Acct. 270·90-976-900-905-ST 009-02-02 McClellan Rd. Sldewalk Improve. Ph.2
S.0.# ______________________ _
S.0.# _____________________ _
s.o. # ______________________ _
s.o. # ______________________ _
s.o. # _____________________ _
S.0.# _____________________ _
s.o. # _____________________ _
S.0.# ______________________ _
S.0.# ______________________ _
Amount
$ 1,000,000.00
$ 254,882.00
Total Previously Encumbered to Date: $ 254,882.00
Current Unencumbered amount in MA: $ 745,118.00
Encumbrance:
s.o. # 2, Acct. 270-99-046-900-905-ST 015-02-02 Sidewalk Renovation-Stevens Creek $ 28 ,550 .oo
Total Encumbered to Date including this S.O.: $ 283,432.00
Contract
Manager:
APPROVALS
Consultant:
Director of Public Wor
Master Agreement Balance:$ 716,568.00
Date: 1Z-Z-(cP
Date: (fJ ·Zt>-1{,
Date: I { ,/2-;j (.,
Appropriation Certification: I hereby certify that an unexpended appropriation is
available in the above fund for the above contract as estimated and that funds are available
as of this date of signature.
'
City Finance: ___ ../J\,ici<l:i.r,1.!!n..,..c.!UJ~IAt-Ol::=----
~anagement Analyst
Date: / / · Z..,• ( ((7 --'--~_;_....i;;,. __
HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 2 of 13
Service Order #2
EXHIBIT A
Scone of Services
Design Professional shall provide certain Civil Engineering services as required and requested
by City.
Design Professional shall provide services under this Master Agreement on an "as needed"
basis and only (1) upon written request from City's Director of Public Works or authorized Agent
as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service
Order.
A. Specific Performance Requirements
The Project consists of the replacement of existing sidewalk pavers with standard poured-in-
place concrete sidewalk. For the locations shown on Attachment A, Design Professional is to
provide plans to remove some of the existing pavers and install a concrete. walkway that is a
minimum of 48" in width. The actual width will in part be determined by the existing pavers.
The concrete walkway layout will be designed to minimize or eliminate any cutting of pavers that
are to remain. The walkway design will include transitions as needed for a continuous pathway.
Transitions may be at comer ramps or to provide shifts In the alignment to avoid obstructions
such as street furniture and/or trees and tree wells.
The plans are to show that the proposed concrete sidewalk will conform to and replicate the
existing slope/grade of the existing pavers.
The layout will preserve the existing pavers wherever feasible and will be done in a fashion that
considers the resulting aesthetics of the modifications.
Plans for the work are to be overlaid on an aerial background and be to scale. Project specific
requirements are to be included in the plan set as notes or details.
Existing utilities will not be included on the plans.
Design Professional will not provide separate technical specifications.
City is to provide the aerial photograph background for the plan sheet(s).
HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 3 of 13
Service Order #2
For the Project, Design Professional may provide any or all of the following tasks and subtasks,
as is required for the specific Project:
Task 1.0 Data Collection
1.01 Existing Data Assembly: Design Professional shall review Project data provided by the
City that may include, but is not limited to: aerial photography and record drawings of
existing improvements. The Design Professional shall be entiUed to reasonably rely
upon the accuracy and sufficiency of any information provided to the Design
Professional by the City or the City's agents.
1.02 The Design Professional shall utilize existing data to the extent possible and infonn the
City Immediately of problems associated with using existing data for Project base
infonnation.
1.0 Deliverables: (all deliverables digital unless otherwise noted)
1.02 Base Map/Background
Task 2.0: Preliminary Design
2.01 Meetings: Participate in one (1) design team meeting with representatives of the City
during the Preliminary Design phase and provide written meeting minutes to the City
within two (2) business days.
2.02 Preliminary Plans: Prepare Preliminary Design Plans and submit them to the City for
review and comment. The plans shall be prepared digitally using current AutoCad
software. The plans shall be formatted per City standards and submitted with other
Preliminary Design Documents as noted below.
The Preliminary Plans will include the major items of work needed to accomplish the
Project goals.
The Plans will not call out specific elevations for existing or proposed improvements. The
Plans will reference horizontally to existing features. No survey control will be
established for design or construction. Plans will be prepared over an aerial photo base
provided by the City.
HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 4 of 13
Service Order #2
The sheets to be provided for this Preliminary Plan submittal may include:
• TiUe/lndex Sheet
• Improvement Plans at a scale of 1" = 20'
• Typical Cross Sections
• Construction Details
2.03 Preliminary Estimate: Prepare a Preliminary Estimate of Probable Construction Cost
based on items and quantities of work shown on the Preliminary Plans and other
anticipated improvements. Prices will be based on the magnitude of the quantities and
the Design Professional's experience with similar local projects and engineer's
Judgment.
2.0 Deliverables: (all deliverables digital unless otherwise noted}
2.01 Meeting Notes
2.02 Preliminary Plans
2.03 Preliminary Construction Cost Estimate
Task 3.0 Construction Document Development
3.01 Meetings: Participate in one (1) design team meetings with representatives of the City
during the Construction Document phase and provide written meeting minutes to the City
within two (2) business days.
3.02 95% Construction Documents: The 95% Construction Documents shall be a refinement
of the Preliminary Design Documents and are to be based on comments received for the
Preliminary review. The 95% Plans and 95% Cost Estimate shall be submitted together.
3.03 95% Plans: Prepare 95% Design Plans and submit them to the City for review and
comment.
3.04 95% Cost Estimate: Prepare a 95% Estimate of Probable Construction Cost as needed
based on items and quantities of work shown on the 95% Plans and other anticipated
improvements. Prices will be based on the magnitude of the quantities and the Design
Professional's experience with similar local projects and engineer's judgment.
HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 5 of 13
Service Order #2
3.0 Deliverables: (all deliverables digital unless otherwise noted)
3.01 Meeting Notes
3.03 95% Design Plans
3.04 95% Construction Cost Estimate
Task 4.0: Flnal (100%) Construction Documents
4.01 100% Construction Documents: The 100% Construction Documents shall address
any comments received for the 95% review. The 100% Plans and Cost Estimate shall be
submitted together on a digital media flash drive.
In addition, provide one (1) complete wet signed, stamped set of Construction
Documents. The submitted documents shall be In reproducible, hard copy format.
City will review the 1 00% Construction Documents for confirmation that responses to all
previously provided comments are appropriately Integrated. Design Professional Is to
make any corrective changes to the 100% plans that are requested by City.
4.02 100% Plans: Prepare 100% Design Plans and submit them to the City.
4.03 100% Cost. Estimate: Prepare a 100% Estimate of Probable Construction Cost as
needed based on Items and quantities of work shown on the 100% Plans
4.0 Deliverables: (all deliverables digital unless otherwise noted)
4.02 100% Plans (digital+ hard copies)
4.03 100% Cost Estimate
Task 5.0: Bid and Award Support
5.01 Bid Period Assistance: Provide the following bid phase services, at the City's request,
through award of the construction contract:
a. Attend the general contractor pre-bid meeting.
b. Respond to bidders' questions until the question cutoff period identified in the
bid documents package.
c. Assist In the review and processing of substitution submittals during Bid phase.
HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 6 of 13
Service Order #2
5.02 Addenda Preparation: As requested by City, prepare addenda to Project documents
including, but not limited to, new or revised Plans and/or removal of items from the
Project Plans.
5.03 Project Document Conformance: Update the Construction Document package to
include all addenda issued during the bid process and submit a Conformed Set of
Drawings to the City within ten (10) days of the contract award.
The Design Professional shall provide one (1) complete wet signed, stamped Conform
Set of Construction Documents that includes the 100% Construction Documents Package
and all bid addenda. The submitted documents shall be in reproducible, hard copy
format.
In addition, the Design Professional shall provide complete electronic format Conform Set
Construction Documents in 1) native file formats (AutoCAD, MS Word) and 2) pdf on
flash drive media.
5.0 Deliverables: (all deliverables digital unless otherwise noted)
5.01 b Written response to Bidders' questions
5.01 c Written evaluation of substitution submittal&
5.02 Project Addenda
5.03 Conformed Project Documents
Task 6.0: Construction Support
6.01 Requests for Information: Review Contractor Requests for Information (RFI) and
provide a written response to the Contractor with a copy to the City, within five (5)
working days of receipt. The Design Professional's response may provide, with advance
City approval, supplemental drawings necessary to clarify the RFI.
6.02 Change Orders: Review and advise the City on requests by the City or Contractor for
changes in the construction of the Project. The Design Professional shall review City
prepared Contract Change Orders and, where necessary, prepare Drawings to describe
Work to be added, deleted, or modified. The Design Professional shall maintain all
records relative to changes in the construction.
HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 7 of 13
Service Order #2
6.03 Site Meetings: Attend up to two (2) site meetings In the Construction phase and provide
meeting minutes to the City within two (2) business days.
6.0 Deliverables: (all deliverables digital unless otherwise noted)
6.01 Responses to Requests for lnfomation
6.02 Review comments for City prepared Change Orders
6.03 Meeting Minutes
Exclusions:
The items listed below are specifically excluded from the scope of work as defined above:
Electrical design pertaining to new or existing streetlights or signals affected by the
project.
Landscape and/or irrigation design work pertaining to existing or proposed landscaping
or irrigation work beyond general notes on the plans Instructing the contractor to
maintain and/or replace affected systems and vegetation.
Coordination with utility companies for protection and adjustment of boxes within the limit
of work
Design of restorative work to correct failing or dislodged paving stones outside of the
construction footprint.
• Assessment of ADA compliance of existing facilities
Design of line and grade to specify elevations for Americans with Disabilities Act (ADA)
compliance.
Design of improvements pertaining to the replacement of curb and gutter, curb ramps or
existing sidewalk.
Specifications or special provisions In book form.
-Outreach and mapping of existing underground utilities.
HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 8 of 13
Service Order #2
SCHEDULE OF PERFORMANCE
Design Professional shall complete all work by June 30th, 2017.
The following sets forth the distribution of Design Professional's Schedule of Performance for
each task. The City may approve in writing the extension of any milestone date set in this
Exhibit.
Task#1 Data Collection
Task#2 Preliminarv Desian
Task#3 Construction Documents
Task#4 Final Construction Documents
Task#5 Bid and Award Support
Task#6 Construction Sunnort
COMPENSATION
A. Maximum compensation
Comoletion
November 2. 2016
November 16-2016
December 16, 2016
Januaru 13-2017
February 21, 2017
estimated
Mav 31, 2017-estimated
The maximum amount of compensation to be paid to Design Professional under this Service
Order shall not exceed Twenty-Eight Thousand, Five Hundred and Fifty Dollars
($28,550.00). Design Professional agrees that it shall perform all of the services set forth in
Exhibit A of this Service Order for a maximum compensation not to exceed Twenty-Eight
Thousand, Five Hundred and Fifty Dollars ($28,550.00).
B. Method of Payment
For Tasks 1 through 6 Design Professional shall, during the term of this Service Order,
invoice the City monthly based on a percentage of completion of each milestone set forth
below in the Payment Schedule (Schedule D below) for services performed in completing
that milestone under this Service Order (hereinafter "Invoice.") provided the Design
Professional has completed the services covered by the Invoice in accordance with the
provisions of this Service Order and Master Agreement, as determined by the City, the City
HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 9 of 13
Service Order #2
will pay Design Professional the amount shown on the Invoice within thirty (30) working days
of receipt of the Invoice.
The Invoice shall be based on the percentage of milestone(s) completed, and it shall
describe the topics and tasks completed during the Invoice period In accordance with the
Budget Schedule and Payment Schedule set forth below. The Invoice shall also show the
total to be paid for the Invoice period.
c. Budget Schedule
The Budget Schedule for this Service Order shall be as follows:
Task#1 Data Collection 1,696
Task#2 Preliminary Design 6,694
Task#3 Construction Document Development 12,470
Task#4 Final Construction Documents 3,260
Task#5 Bid and Award Support 2,284
Task#6 Construction Support 2,146
TOTAL $28,550
Design Professional shall not exceed any of the specified budget amounts for any Task
without prior written authorization from the City. The City may approve In writing the transfer
of budget amounts between any of the Tasks listed above provided the total Service Order
amount does not exceed Twenty-Eight Thousand, Five Hundred and Fifty Dollars
($28,550.00).
HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 10 of 13
Service Order #2
D. Payment Schedule
The Payment Schedule for this Service Order shall be as follows:
TASKS MILESTONES
Task #1 Data Collection
Base Map/Background
Task #2 Preliminary Design
Preliminary Plans
Preliminary Cost Estimate
Task #3 Construction Document Development
95% Plans
95% Estimate
Task #4 Final Construction Documents
100% Plans
100% Cost Estimate
Task #5 Bid and Award Support
Response to Bidder Questions
Project Addenda
Conformed Project Documents
Task #6 Construction Support
RFI Responses
Change Order Review
E. Subdesiqn Professional Services
%OF TASK
COMPENSATION PAID UPON
COMPLETION OF MILESTONE
100%
90%
10%
90%
10%
90%
10%
20%
40%
40%
50%
50%
Design Professional is directly responsible for any payment for Subdesign Professional work
on this Project. Subdesign Professional work on this Project is included in the Budget
Schedule shown above and shall be billed to the City by Design Professional as part of the
Tasks covered by this Service Order.
HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 11 of 13
Service Order #2
F. Reimbursable Expenses
Reimbursable expenses are included in Design Professional's compensation, including, but
not limited to, any expenses related to Design Professional's internal plan checks, CAD test
prints, and document or fax copies. Plotting and printing for public distribution will be the
responsibility of the City. There are no separate reimbursable expenses for services
performed under Tasks 1 through 6 of Exhibit A of this Service Order.
HMH Engineers, Inc. Sidewalk Renovation-Stevens Creek Blvd 12 of 13
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSULT ANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
MASTER AGREEMENT PO#: 2017-3 Service Order No.: 3
Maximum Compensation: $1,000,000 Account No.: 270-90-976-900-905-ST 0096-02-02
Agreement Term: December 31, 2018
Approval by:
Con•ultanl:
Project Description:
Project Name:
City Council Item No. 19
HMH Engineers, Inc.
1570 Oakland Road
San Jose, CA 95131
Contact: WiJiiam J. Wagner
Date: September 6, 2016
Phone: (408) 487-2200
McClellan Road Sidewalk-Right of Way Staking
Pro· ect # 2015-19
WDescriplion: Stake approximately 20 properties within the scope of the McClellan Road Sidewalk
Improvements-Phase 2 to delineate existing and proposed right of way as well as temporary
construction easements.
Compensation
Prooerty line and easement staking $9,500
Total-Not to Exceed $9,500
OAttachment A: lin its entirety, as described in the Contract Docnments
City Project Management
Managing Department: Public Works
City of Cupertino
HMH Engineers, Inc.
Project Manager: John Raaymakers
Page 1 of 2 Service Order No. 3
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSUL TANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
Fiscal/Budget
Master Agreement Maximum Compensation:
Previously Encumbered on Master Agreement·
SO #1 McClellan Rd SW Phase 2: 270-90-976-900-905-ST 009-02-02
SO #2 Sidewalk Renovation-SCB : 270-99-046-900-905-ST 015-02-02
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBRANCE:
ENCUMBER: SO #3 McClellan Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02
Total Encumbered lo Date including this SO:
Master Agreement Balance:
Contract Manager: 'l. ;( {__,____ Date: Z--Z.l-l'f
"':::ya~
Director of Public Works:c :z'.c2
Date:
Date:
Appropriation Certification: I hereby t-ertify that an unexpended appropriation is avai.lable
in the above fund for the above contract as estimated and that fund are available as of this
date of signature.
City Finance:
City oi Cuperlum
HMH Engineers, Inc. Page2of2
Amount
$1,000,000
$254,882
$28,550
$283,432
$716,568
$9,500
$292,932
$707,068
Servim Order No. 3
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSULTANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
MASTER AGREEMENT PO #: 201 7-3 Service Order No.: 4
fo ~( 1-... '5 3.;,-
~~
Vt 1----3
Maximum Compensation: $1,000,000 Account No.: 420-99 -0 41-90 0-905 ST 021-02 -02
Agreement Term: D ecember 3 1, 201 8
Approval by:
Consultant:
Project Description:
Project Name:
C ity Council Item No. 19
HMH En gineer s, Inc.
1570 Oakland Ro ad
San Jose, CA 9513 1
Contac t: W ill iam J. W a gne r
Re ta ining W a ll Re pla cement -Regn art Road
P roje ct # 201 7-12
Date: Septembe r 6, 201 6
P h on e: (408) 487-2200
0oescription: The Project w ill replace an exisiting wood en re ta ining wall on Regna rt Road n ear Re gnart
Canyon Drive. The r e placem ent re ta ining w all w ill b e co n s tructe d of cas t-in-p l ace co n crete.
~ A tta chme nt A: Includes Scop e of Se r v i ce, Sch e dule of P erfo r m ance and Co mpen sa ti on .
City Project Management
Mana ging De p a rtme nt: P u blic Wo rks
City of Cuper tino
HMH Eng ineers, Inc.
P roje ct Man ager: John Raaymak ers
Page 1 of 2 Se r vi ce O rd er #4
Fiscal/Budget
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSULT ANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
Master Agreement Maximum Compensation:
Previously Encumbered on Master Agreement:
SO #1 McClellan Rd SW Phase 2 : 270-90-976-900-905-ST 009-02-02
SO #2 Sidewalk Renovation-SCB : 270-99-046-900-905-ST 015-02-02
SO #3 McOellan Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBRANCE:
ENCUMBER: SO #4 Retaining Wall Replace-Regnart Rd 420-99-041-900-905 ST 021-02-02
Total Encumbered to Date including this SO:
Contract Manager. ~ /( JL_
APPROVALS
Director of Public Wor~e
Master Agreement Balance:
Date: S -/8 -17
Date: s!te h 1 ,~
Date: !;(27;/r 7
r I ,
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that fund are available as of this
date of signature.
City Finance:
City of Cupertino
HMH Engineers, Inc.
NW~ ,;(10 l l r
~ tf U l 't-.-'5 Bol-.
Page2of2
Date: 5 1 ,, /tr
Amount
$1,000,000
$254,882
$28,550
$9,500
$292,932
$707,068
$65,371
$358,303
$641,697
Service Order #4
Attachment A
Scope of Services
Design Professional shall provide certain Civil Engineering services as required and requested
by City.
Design Professional shall provide services under this Master Agreement on an "as needed"
basis and only (1) upon written request from City's Director of Public Works or authorized
Agent as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service
Order.
A. Design Approach
The Project, as defined below, pertains to the existing retaining wall on Regnart Road in the
City of Cupertino generally defined as approximately 150' long south of Regnart Canyon Drive .
Work includes removal and replacement of the existing earth retaining structure.
Design Professional assumes an iterative design process including Preliminary, Draft and Final
Construction Document submittals. The Design Professional will provide plans and estimates
for work necessary for the construction of a concrete, cast-in-place retaining wall at the project
location. Separate book specifications will not be prepared. Specifications will be shown in note
form on the plans and will reference applicable Caltrans Specifications, as applicable. The
Design Professional will perform field survey and engage a geotechnical sub-consultant to
perform a test boring in the project vicinity to establish existing conditions. Design Professional
will engage a Structural Engineering subconsultant to provide retaining wall d etails and
calcu lations based on the existing conditions information acquired.
B. Specific Performance Requirements
For the Project, Design Professional may provide the following tasks and subtasks, as is
required for the Project:
Retaining Wall Replacement-Regnart Road Attachment A -Service Order 114
Page 1 of 11
Task 1.0: Data Collection
1.1 Existing Data Assembly: D esign Professional shall review Project data provided by the
City that may include, but is not limite d to: topographic survey, geotechnical reports,
traffic shtdies, CEQA documents, other environmental shldies, tree surveys, arborist's
reports, approved Master Plan(s), development plans, or other such data. The Design
Professional shall b e entitled to reasonably rely upon the accuracy and sufficiency of any
information provided to the Design Professional by the City or the City's agents.
1.2 Geotechnical Investigation and Memorandum: Research available geologic literature in
the site vicinity . Mark proposed soil boring locations for USA clearance. Perform one
soil boring roughly 30' deep using a hollow stem auger. Grout bore hole after drilling.
Perform laboratory tests on representative soil/rock samples such as moisture density,
gradation analysis, strength tests, corrosion tests and Plasticity Index tests, as necessary.
Perform engineering analysis and provide design recommendations. Prepare a
Geological Memorandum to summarize conclusions.
1.3 Utility Record Research: Contact utility companies with facilities within the Project area
as identified b y a USA database search. Acquire available utility record drawings and
as-built information. Plot existing utilities within CAD for use in Project base maps.
1.4 Topographic Survey: Establish temporary survey conhol to be used during design and
construction. Perform field Topographic Survey to obtain locations of utility surface
facilities, inverts of accessible storm drain manholes, inlets, and sanitary sewer
manholes . Survey ex isting retaining wall at bottom of wall, top of wall, and back of wall .
. Survey existing pavement, curbs, sidewalk and other improvements at points of
conform . Obtain location and sizes of trees and other existing feahues that may impact
the Project design.
1.5 Right-of-Way Survey: Perform fi e ld survey of existing control and monumentation .
Locate existing survey monuments and accessible property corners and compute th e
existing right-of-way b ase d on available information that may include boundary
evidence and records maps . Prepare a calculated base map of the existing record right-
of-way for use in d esign. Design Professional will not resolve the boundary of
individual properties and side property lines of parcels.
Retaining Wall Replacement-Regnart Road Attachment A -Service Order #4
Pag e 2 of 11
1.6 Base Mapping: Plot feahues collected through topographic survey using current
AutoCAD software on a screened aerial photo base as a background for proposed
improvements.
1.0 Deliverables: (all deliverables digital unless otherwise noted)
• Scalable Base Map in AutoCAD (current version) Format
• Geotechnical Memorandum
Task 2.0: Preliminary Construction Documents
2.1 Meetings: Participate in one (1) design team meetings, as necessary, with
representatives of the City during the Preliminary Design phase and provide written
meeting minutes to the City within five (5) business days.
2.2 Preliminary (35%) Plans: Prepare Preliminary Plans and submit to the City for review
and comment. The plans shall be prepared digitally using current AutoCAD software.
The plans shall be formatted per City standards and submitted with other Preliminary
Design Documents as noted below . The Draft Plans will be developed to approximately
35% of the final product and will include major items of work needed to accomplish the
Project. Specifications will be added to the notes shown in the plans . The sheets to be
provided for this Preliminary Plan submittal may include:
• Title Sheet, Legend and Notes
• Retaining Wall Layout and Elevation
2.3 Preliminary (35 %) Estimate: Prepare a Draft Estimate of Probable Construction Cost
based on items and quantities of work shown on the Draft Plans. Prices will be based on
the magnitude of the quantities and the Design Professional's experience with similar
local projects and engineer's judgment.
2.0 Deliverables: (all d eliv erables digital unless otherwise noted)
• Meeting Minutes
• Preliminary Plans
• Preliminary Construction Cost Estimate
Retaining Wall Replacement-Regnart Road Attachment A -Se rvice Order #4
Page 3 of 11
Task 3.0: Draft Construction Documents
3.1 Meetings: Participate in one (1) design team meeting, as necessary, with representatives
of the City during the Draft Design phase and provide written meeting minutes to the
City within five (5) business days.
3.2 Draft (65%) Plans: Prepare Draft Plans and submit to the City for review and comment.
The plans shall be prepared digitally using current AutoCAD software . The plans shall
be formatted per City standards and submitted with other Draft Design Documents as
noted below. The Draft Plans will be developed to approximately 65% of the final
product and will include major items of work needed to accomplish the Project.
Specifications will be added to the notes shown in the plans. The sheets to be provided
for this Draft Plan submittal may include:
• Title Sheet, Legend and Notes
• Improvement Plans, including Retaining Wall Layout and Elevation
• Construction Details
3.3 Draft (65%) Estimate: Prepare a Draft Estimate of Probable Construction Cost based on
items and quantities of work shown on the Draft Plans. Prices will be based on the
magnitude of the quantities and the Design Professional's experience with similar local
projects and engineer's judgment.
3.0 Deliverables: (all deliverables digital unless otherwise noted)
• Meeting Minutes
• Draft Plans
• Draft Construction Cost Estimate
Task 4.0 Final Construction Documents
4.1 Meetings: Participate in one (1) meeting with representatives of the City during the Final
Construction Document Task and provide written meeting minutes to the City within five
(5) business days .
4.2 Final Plans: Prepare Final Design Plans and submit to the City for review and comment.
The Final Design Plans will incorporate City comments from the Draft Submittal.
Specifications will be added to the notes shown in the plans. The following types of plans
may be prepared :
Retaining Wall Replacement -Regnart Road Attachment A -Service Order #4
Page 4 of 11
• Title Sheet, Legend and Notes
• Improvement Plans, including Retaining Wall Layout and Elevation
• Construction Details
Provide one (1) complete wet signed, stamped set of Construction Documents. City will
review the Final Construction Documents for confirmation that responses to all previously
provided comments are appropriately integrated . Design Professional is to make
corrective changes to the Final Plans that are requested by City.
4.3 Final Cost Estimate: Prepare a Final Estimate of Probable Construction Cost based on
items and quantities of work shown on the Final Plans. Prices will be based on the
magnitude of the quantities and the Design Professional's experience with similar local
projects and engineer's judgment.
4.0 Deliverables: (all deliverables digital unless otherwise noted)
• Meeting N ates
• Final Design Plans
• Final Cost Estimate
• Structural Calculations
Task 5.0: Bid and Award Support
5.1 Bid Period Assistance: Provide the following bid phase services, at the City's request,
through award of the construction contract:
a. Attend the general contractor pre-bid meeting.
b. Respond to bidders' questions until the question cutoff period identified in the bid
documents package.
c. Assist in the review and processing of substitution submittals during Bid phase.
5.2 Addenda Preparation: As requested by City, prepare up to one (1) addenda to Project
documents including, but not limited to, new or revised Plans and/or removal of items
from the Project Plans.
5.3 Project Document Conformance: Update the Construction Document package to include
all addenda issued during the Bid process and submit a Conformed Set of Drawings and
Specifications to the City within ten (10) days of the contract award.
Retaining Wall Replacement-Regnart Road Attachment A -Service Order #4
Page 5 of 11
The Design Professional shall provide one (1) complete wet signed, stamped Conform
Set of Construction Documents that includes the 100% Construction Documents Package
and all bid addenda. The submitted documents shall be in reproducible, hard copy
format.
In addition, the Design Professional shall provide complete electronic format Conform
Set Construction Documents in 1) native file formats (AutoCAD, MS Word) and 2) pdf on
a flash drive media.
5.0 Deliverables: (all deliverables digital unless otherwise noted)
• Written response to Bidders' questions
• Written evaluation of substitution submittals
• Project Addenda
• Conformed Project Documents
Task 6.0: Construction Support
6.1 Submittal Review: Review and approve or reject the Contractor's submittals within five
(5) working days of receipt. The Design Professional may request additional review time
for particularly complex or unusual submittals. The City shall not grant additional
review time for standard construction item submittals. The Design Professional shall
maintain a detailed record of all submittals and content supplied by the Contractor.
6.2 Requests for Information: Review Contractor Requests for Information (RFI) and
provide a written response to the Contractor with a copy to the City, within five (5)
working days of receipt. The Design Professional's response may provide, with advance
City approval, supplemental drawings and/or specifications necessary to clarify the RFI.
6.3 Change Orders: Review and advise the City on requests by the City or Contractor for
changes in the construction of the Project. The Design Professional shall review City
prepared Contract Change Orders and, where necessary, prepare Drawings and
Specifications to describe Work to be added, deleted or modified. The Design
Professional shall maintain all records relative to changes in the construction.
6.4 Site Meetings: Attend one (1) site meeting in the Construction phase and provide
meeting minutes to the City within two (2) business days.
Retaining Wall Replacement -Regnart Road Attachment A -Service Order #4
Page 6 of 11
6.0 Deliverables: (all deliverables digital unless otherwise noted)
• Responses to submittals, submittal log
• Responses to Requests for Infomation
• Review comments for City prepared Change Orders
• Meeting Minutes
Task 7.0: Record Drawings
7.1 Prepare Record Drawings from City provided Contractor as-built mark up. Provide one
(1) 22" x 34" hard copy as well as PDF and AutoCAD format electronic copies of the
final record drawings .
7.0 Deliverables
• Record Drawings
Retaining Wall Replacement-Regnart Road Attachment A -Service Order #4
Page 7 of 11
Assumptions and Exclusions
The following assumptions were made in preparation of this scope of work:
• All work is within the City of Cupertino Right-of-Way. No record boundary or right-of-
way mapping services are included in this scope of work.
• The City will prepare, obtain and coordinate all permitting requirements and obtain
environmental clearance for the work.
• The City will lead all public outreach activities. No community meetings are assumed
for the project.
• Landscape and irrigation work will b e identified as 'replace in kind' on the plans. No
detailed design or investigation of existing infrashucture will be performed .
• The project is limited to the work necessary to replace the existing concrete wall. No
modifications to the roadway, drainage, utilities or other items not directly affected by
the project will be p erformed .
• Only one retaining wall design condition w ill b e accommodated.
• The retaining wall will be cast-in-place. This scope of work does not include any work
associated with a shotcrete construction m ethod.
• Retaining wall design conditions and criteria will not materially change once the design
has started.
• Structural comments on the 65% submittal are assumed to be minor and not result in
changes to the wall type, dimensions or reinforcing details .
• Plans and Specificatiqns will be base d on the 2015 Caltrans Standard Plans and
Specifications.
• Remedial engineering design to d e te rmine correct action required due to materials
and/or contractor's operations not m eeting contract requirements is not anticipated to be
needed.
• Struchue observation during construction is not included in this scope of services. It is
assumed that the inspection firm retained by the City will perform struchue inspections
and prepare a letter of conformance to the City stating that the Contractor's work was
performed in conformance with the approved construction drawings.
The items listed b e low are specifically excluded from the scope of works defined above:
• Electrical design pertaining to new or ex i s ting streetlights or signals affected by the
Project.
Retaining Wall Replacement-Regnart Road Attachment A -Service Order #4
Page 8 of 11
• Landscape and/or irrigation design work pertaining to existing or proposed landscaping
or irrigation work beyond general notes on the plans instructing the contractor to
maintain and/or replace affected systems and vegetation.
• Environmental permitting and clearance activities
• Public outreach support activities.
• Right of way mapping and monumented survey control
• Arborist reports or tree health evaluations
Schedule of Performance
The following sets forth the distribution of CONSULTANT's Schedule of Performance for each
project. The CITY may approve in writing the extension of any milestone date set in this Exhibit.
Task #1 Data Collection Initiate work upon Service Order
execution. Estimated May 22, 2017
Task#2 Preliminary PS&E Submittal to City June 5, 2017
Task #3 DraftPS&E Submittal to City July 24, 2017
Task #4 Final PS&E Submittal to City August 15, 2017
Task #5 Bid & Award Support During Bid and Award phase
Task #6 Construction Support During Construction phase
Task #7 Record Drawings 2 weeks following receipt of red-line plans
Dates in the schedule above are based on the estimated date of Service Order execution.
Adjustments to the schedule will be made if the Service Order is executed on another date.
Dates for Tasks 3 and 4 are based on a 2 week review of the Preliminary PS&E, and a 1 week
review of the Draft PS&E .
Retaining Wall Rep lacement-Regnart Road Attachment A -Service Order #4
Page 9 of 11
Compensation
A. Maximum Compensation.
The CITY agrees to compensate CONSULTANT for professional services performed in
accordance with the terms and conditions of this SERVICE ORDER. The maximum amount of
compensation to be paid to CONSULTANT under this SERVICE ORDER, shall not exceed SIXTY-
FIVE THOUSAND, THREE HUNDRED AND SEVENTY-ONE DOLLARS ($65,371).
CONSULTANT agrees that it shall perform all of the services set forth in Exhibit A of this
SERVICE ORDER for the maximum not to exceed amount of SIXTY-FIVE THOUSAND, THREE
HUNDRED AND SEVENTY-ONE DOLLARS ($65,371).
B. Method of Payment
For Task Nos. 1 through 7, CONSULTANT shall, during the term of this SERVICE ORDER,
invoice the CITY monthly based upon a percentage of completion of each task, and reimbursable
expenses incurred if applicable, in completing that task under this SERVICE ORDER.
(Hereinafter "Invoice.") Provided CONSULTANT has completed the services and incurred the
reimbursable expenses covered by the Invoice in accordance with the provisions of this SERVICE
ORDER, as determined by the CITY, the CITY shall pay CONSULT ANT the amount shown on
the Invoice within thir ty (30) working days of receipt of the Invoice.
The Invoice shall be based on the percentage of task completed, and it shall describe the topics
and tasks completed during the Invoice period in accordance with the Budget Schedule set forth
below . The Invoice shall list work completed and reimbursable expenses if applicable, in
accordance with the Budget Schedule set forth below. CONSULTANT also shall include
supporting documents for any reimbursable expenses. The Invoice shall also show the total to
be paid for the Invoice period .
Retaining Wall Replacement-Regnart Road Attachment A -Service Order #4
Page 10 of 11
C. Budget Schedule
The Budget Schedule for this SERVICE ORDER shall be as follows:
Task #1
Task #2
Task #3
Task #4
Task #5
Task #6
Task #7
Task Description
Data Collection
Preliminary Conshuction Documents
Draft Construction Documents
Final Construction Documents
Bid and Award Support
Construction Support
Record Drawings
TOTAL
Task
Compensation
21,880
8,252
14,603
9,968
2,356
6,403
1,909
$65,371
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY. The CITY may approve in writing the hansfer of budget
amounts between any of the Tasks listed above provided the total SERVICE ORDER amount does
not exceed SIXTY-FIVE THOUSAND, THREE HUNDRED AND SEVENTY-ONE DOLLARS
($65,371).
D. Subconsultant Services.
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT. SUBCONSULT ANT work on this PROJECT is included in the Budget Schedule shown
above and shall be billed to the CITY by CONSULT ANT.
E. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's lump sum compensation, including,
but not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test
prints, 8 1/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the
responsibility of the CITY. There are no separate reimbursable expenses for work performed
under Tasks 1-7 in the Scope of Services .
Retaining Wall Replacement-Regnart Road Attachment A -Service Order #4
Page 11 of 11
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSULTANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
MASTER AGREEMENT PO #: 2017-3 Service Order No.: 5
Maximum Compensation: $1,000,000 Account No.: 270-90-958-900-905-ST 013-02-02
Agreement Term: December 31, 2018
Approval by:
Consultant:
Project Description:
Project Name:
DDescription :
City Council Item No. 19
HMH Engineers, Inc.
1570 Oakland Road
San Jose, CA 95131
Contact: William J. Wagner
Sidewalk Improvements-Orange & Byrne
Project# 2016-10
Date: September 6, 2016
Phone: (408) 487-2200
0 Attachment A : Includes Scope of Service, Schedule of Performance and Compensation.
City Project Management
Managing Department: Public Works
City of Cupertino
HMH Engineers, Inc.
Project Manager: John Raa y makers
Page 1 of 2 Service Order #5
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSULTANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
Fiscal/Budget
Master Agreement Maximum Compensation:
Previously Encumbered on Master Agreement:
SO #1 McClellan Rd SW Phase 2 : 270-90-976-900-905-ST 009-02-02
SO #2 Sidewalk Renovation-SCB : 270-99-046-900-905-ST OlS-02-02
SO #3 McClellan Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02
SO #4 Retaining Wall Replace-Regnart Rd 420-99-041-900-905 ST 021-02-02
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBRANCE:
ENCUMBER: SO #5 Sidewalk Improvements-Orange & Byrne Pre::....:..~;; Design
;lw-'tO-'i~i 't ov -'lo~-Total Encumbered to Date including this SO:
.?.:>T OL 3>. D 2 .oz. Oo "-7,() q. _ -51+ 3 Master Agreement Balance:
Contract Manager: 'f-fc__ Date: 6 -1-17
APPROVALS
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that fund are available as of this
date of signature.
Ci ty of Cupertino
HMH Engineers, Inc. Page2 of2
Date:
Amount
$1,000,000
$254,882
$28,550
$9,500
$65,371
$358,303
$641,697
$114,124
$472,427
$527,573
Service Order #5
Service Order# 5
Attachment A
Scope of Services
Design Professional shall provide certain Civil Engineering services as required and requested
by City.
Design Professional shall provide services under this Master Agreement on an "as needed"
basis and only (1) upon written request from City's Director of Public Works or authorized
Agent as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service
Order.
A. Specific Performance Requirements
The Project is generally described as roadway improvements along Byrne Ave and Orange Ave
between McClellan Road to the south and Granada Ave to the north. Work includes infilling
gaps in existing curb, gutter and sidewalks including changes and improvements needed to
accomplish continuous walkways in the Project areas. The plans, specifications and estimates
will be delivered in two (2) packages, herein referred to as "Orange" and "Byrne", consisting of
the elements defined in the tasks below. This division will be used for deliverables as directed
by the City .
For the Project, Design Professional will provide the following tasks and subtasks, as is required
for the Project:
Task 1.0: Data Collection
1.1 Existing Data Assembly: Design Professional shall review Project data provided by the
City that may include, but is not limited to: topographic survey, geotechnical reports,
traffic studies, CEQA documents, other environmental studies, tree surveys, arborist's
reports, approved Master Plan(s), development plans, or other such data. The Design
Professional shall be entitled to reasonably rely upon the accuracy and sufficiency of any
information provided to the Design Professional by the City or the City's agents .
1.2 Utility Record Research: Contact utility companies with facilities within the Project area
as identified by a USA database search. Acquire available utility record drawings and
as-built information. Plot existing utilities within CAD for use in Project base maps.
HMH Engineers, Inc. Orange/ Byrne Sidewalk Improvements
Page 1 of 5
Service Order# 5
1.3 Survey Control and Right-of-Way Survey: Perform field survey of existing control and
monumentation. Locate existing survey monuments and accessible property corners
and compute the existing right-of-way based on available inform ation that may include
boundary evidence and record maps . Prepare a calculated base map of the existing
record right-of-way for use in design . Design Professional will not resol ve the boundary
of individual properties and side property lines of parcels.
1.4 Initial Topographic Survey: The task includes performing field topographic surveys to
obtain locations of utility surface facilities, inverts of accessible storm drain manholes,
inlets, and sanitary sewer manholes. Survey existing pavement, curbs, sidewalk and
other improvements at points of conform. Obtain location and sizes of trees and other
existing features that may impact the Project design.
1.0 Deliverables
• Scalable Base Map in AutoCAD (current versi on) and pdf formats
Task 2.0: Preliminary (35 %) Design
The Preliminary (35%) Design Documents are a conceptual approach to the design documents
and are to be deve loped to a leve l to d efi ne the scope of work necessary to complete the project.
The 35% Plans and 35% Cost Estimate shall be submitted together.
2.1 Meetings: Participate in design team meetings with representati ves of the City during
the Preliminary Design phase and provide written meeting minutes to the City within
two (2) business days.
2.2 Preliminary Plans: Prepare Preliminary Design Plans and submit them to the City for
review and comment. The plans will be prepared digitally using current AutoCAD
software. The plans will be formatted per City standards and submitted with other
Preliminary Design Documents as noted below.
To the extent practicable and as agreed by City, the design shall integrate green
infrastructure elements that are intended to store, filter, infiltrate, and/or evapotranspire
storm water.
The Preliminary Pl a ns will use a scaled aerial photo base to show major items of work
needed to accomplish the Project goals, enable reviews by the City and initiate
coordination with property owners and utility companies. Preliminary Plans shall
HMH Engineers, Inc. Orange/ Byrne Sidewalk Improvements
Page 2 of 5
Service Order# 5
clearly identify, proposed curb, gutter and sidewalk, existing and proposed right-of-way
limits, but do not need to include vertical information.
Design Professional shall address any comments provided by the City following their
review of the Preliminary Plans.
The sheets to be provided for this Preliminary Plan submittal may include:
• Title/Index Sheet
• Preliminary Street Improvement Plans
• Preliminary Typical Cross Sections
Preliminary Utility Relocation Concepts
2.3 Preliminary Estimate: Prepare a Preliminary Estimate of Probable Construction Cost
based on items and quantities of work shown on the Preliminary Plans and other
anticipated improvements. Prices will be based on the magnitude of the quantities and
the Design Professional's judgment and experience with similar local projects and recent
construction bids .
2.0 Deliverables: (deliverables to be in PDF format unless otherwise noted)
2.11 Meeting Minutes
2.12 Preliminary Plans
2.13 Preliminary Construction Cost Estimate
Exclusions
The items listed below are specifically excluded from the scope of services as defined above:
Electrical design pertaining to new or existing streetlights or signals affected by the
Project.
Landscape and/or irrigation design services pertaining to existing or proposed
landscaping or irrigation work beyond general notes on the plans instructing the
contractor to maintain and/or replace affected systems and vegetation.
Design of non-standard retaining walls.
Obtaining Title Reports for residential properties
HMH Engineers, Inc. Orange/ Byrne Sidewalk Improvements
Page 3 of 5
Service Order# 5
Schedule of Performance
The following sets forth the distribution of CONSUL TANT' s Schedule of Performance for the
project . The CITY may approve in writing the extension of any milestone date set in this Exhibit.
Task #1 Data Collection Initiate work upon Service Order execution
(est. June 5, 2017) Completion by July 7, 2017
Task#2 Preliminary PS&E Submittal to City by September 29, 2017
2 week City review
Address City Comments by October 27, 2017
Dates in the schedule above are based on the estimated date of Service Order execution.
Adjustments to the schedule will be made if the Service Order is executed on another date.
Compensation
A. Maximum Compensation.
The CITY agrees to compensate CONSULTANT for professional services performed in
accordance with the terms and conditions of this SERVICE ORDER. The maximum amount of
compensation to be paid to CONSULTANT under this SERVICE ORDER, shall not exceed ONE
HUNDRED AND FOURTEEN THOUSAND, ONE HUNDRED AND TWENTY-FOUR
DOLLARS ($114,124). CONSULTANT agrees that it shall perform all of the services set forth in
Exhibit A of this SERVICE ORDER for the maximum not to exceed amount of ONE HUNDRED
AND FOURTEEN THOUSAND, ONE HUNDRED AND TWENTY-FOUR DOLLARS ($114,124).
B. Method of Payment
For Task Nos. 1 through 2, CONSULTANT shall, during the term of this SERVICE ORDER,
invoice the CITY monthly based upon a percentage of completion of each task, and reimbursable
expenses incurred if applicable, in completing that task under this SERVICE ORDER.
(Hereinafter "Invoice.") Provided CONSULTANT has completed the services and incurred the
reimbursable expenses covered by the Invoice in accordance with the provisions of this SERVICE
ORDER, as determined by the CITY, the CITY shall pay CONSULTANT the amount shown on
the Invoice within thirty (30) working days of receipt of the Invoice .
HMH Engineers, Inc. Orange/ Byrne Sidewalk Improvements
Page 4 of 5
Service Order# 5
The Invoice shall be based on the percentage of task completed, and it shall describe the topics
and tasks completed during the Invoice period in accordance with the Budget Schedule set forth
below. The Invoice shall list work completed and reimbursable expenses if applicable, in
accordance with the Budget Schedule set forth below. CONSULTANT also shall include
supporting documents for any reimbursable expenses. The Invoice shall also show the total to
be paid for the Invoice period.
C. Budget Schedule
The Budget Schedule for this SERVICE ORDER shall be as follows:
Task #1
Task #2
Task Description
Data Collection
Preliminary Construction Documents
TOTAL
Task
Compensation
40,532
73,592
$114,124
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY. The CITY may approve in writing the transfer of budget
amounts between any of the Tasks listed above provided the total SERVICE ORDER amount does
not exceed ONE HUNDRED AND FOURTEEN THOUSAND, ONE HUNDRED AND TWENTY-
FOUR DOLLARS ($114,124).
D. Subconsultant Services.
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT . SUBCONSUL TANT work on this PROJECT is included in the Budget Schedule shown
above and shall be billed to the CITY by CONSULTANT.
E. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's lump sum compensation, including,
but not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test
prints, 8 1/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the
responsibility of the CITY. There are no separate reimbursable expenses for work performed
under Tasks 1-7 in the Scope of Services.
HMH Engineers, Inc. Orange/ Byrne Sidewalk Improvements
Page 5 of 5
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSUL TANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
MASTER AGREEMENT PO#: 2017-3 Service Order No.: 6
Maximum Compensation: $1,000,000 Account No.: 420 -99-036 -900-905-ST 016-02-02
Agreement Term: December 31, 2018
Approval by:
Consultant:
Project Description:
Project Name:
DDescription :
City Council Item No . 19
HMH Engineers, Inc.
1570 Oakland Road
San Jose, CA 95131
Contact: William J. Wagner
McClellan Road Seperated Bikeways
Date: September 6, 2016
Phone: (408) 487-2200
~ Attachment A: Includes Scope of Service, Schedule of Performance and Compensation.
City Project Management
Managing Department: Public Works
City of Cupertino
HMH Engineers, Inc.
Project Manager: David Stillman
Page 1 of 2 Service Order #6
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC CONSULTANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
Fiscal/Budget
Master Agreement Maximum Compensation:
Previously Encumbered on Master Agreement:
SO #1 McClellan Rd SW Phase 2 : 270-90-976-900-905-ST 009-02-02
SO 112 Sidewalk Renovation-SCB : 270-99-()46..900-905-ST 015-02-02
SO 113 McClel1an Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02
SO 114 Retaining Wall Replace-Regnart Rd 420-99-041-900-905 ST 021-02-02
SO #5 SW Improve-Orange & Byrne Prelim Design 270-90-958-900-905-ST 013-02-02
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBRANCE:
ENCUMBER: SO #6 McClellan Road Seperated Bikeways
~u.-<\~ Aio ~o\t\-oW -~00-C\o{ y( 011.?-oi~~~tal Encumbered to Date including this SO:
Contract Manager: John Raaymakers
APPROVALS
Co~~t ~ u
Director of Public Works~
Master Agreement Balance:
Date: 7/24/2017
Date: 7/~e/l 7
Date: 9 /, /t 7
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that fund are available as of this
date of signature.
~ 1 d2_
OtyFinance: ~ ~
Ci ty of Cupertino
HMH Engineers, Inc.
Date:
Page2of2
Amount
$1,000,000
$254,882
$28,550
$9,500
$65,371
$114,124
$472,427
$527,573
$191,000
$663,427
$336,573
Service Order #6
Service Order# 6
Attachment A
Scope of Services
Design Professional shall provide certain Civil Engineering services as required and requested
by City.
Design Professional shall provide services under this Master Agreement on an "as needed"
basis and only (1) upon written request from City's Director of Public Works or authorized Agent
as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service
Order.
A. Design Approach
For clarity through this scope, previous and future iterations of the design drawings will be
defined as:
Conceptual Design: Design plans prepared by Toole Design Group dated March 24 ,
2017 prepared under contract with the City of Cupertino.
Preliminary Design: Design plans and estimate prepared by HMH under Task 4.1 of
this Scope of Work
Preliminary Design -2nd Iteration: Design plans and estimate prepared by HMH under
Task 4.2 of this Scope of Work
Design Professional understands that the City is pursuing construction documents for a Class IV
separated bikeway along both eastbound (EB) and westbound (WB) McClellan Road from
Byrne Avenue to Torre Avenue in the City of Cupertino. This scope of work is prepared based
on the City provided Conceptual Design . This scope of work assumes the following changes
from the work depicted in the Conceptual Design:
Location Conceptual Design Preliminary Design
Bubb Road
Intersection
HM H Engineers
Signal modifications and two-
stage bike turn queue boxes .
No signal modifications or two-stage
bike turn queue bo xes
McClellan Road Separated Bike Lane s Page 1 of 10
Service Order# 6
Stelling Road Signal modifications and two-
Intersection stage bike turn queue boxes.
De Anza Blvd Realignment and 'squaring-up'
Intersection the De Anza Blvd / McClellan
Road Intersection.
No signal modifications or two-stage
bike turn queue boxes
Develop new design concepts to
implement preferred bike treatments
within the existing roadway alignment/
footprint.
The Design Professional will prepare Preliminary Design for the entire McClellan Road reach
defined above to facilitate city staff reviews with key stakeholders. The 35% plans will be
developed in two iterations: the first submittal will be developed based on city input and previous
design discussions from planning documents and previous design efforts. After submittal of the
Preliminary Design, the city will circulate the plans for input from relevant stakeholders
potentially including the Bicycle and Pedestrian Commission, City Council, and the community.
The Design Professional will meet with City staff after the design review efforts to discuss input
received and receive direction for necessary changes to the plans. The Design Professional will
then update the Preliminary Design to incorporate these comments without further progressing
the design. This submittal will be called the Preliminary Design -2nd Iteration. No work is
proposed beyond the Preliminary Design -2nd Iteration submittal.
B. Specific Performance Requirements
For the Project, Design Professional shall provide the following tasks and subtasks, as is
required for the Project:
TASK1 Project Management and Coordination
1.1 Project Management
Jon Cacciotti, PE will serve as the Project Manager. The Project Manager will regularly
monitor progress and track and act on key issues of the project. The Project Manager
will update the design schedule regularly and monitor project budget. The Project
Manager will coordinate between the project team, sub-consultants and City staff to
facilitate the free and timely flow of information . The Project Manager will coordinate
Quality Assurance and Quality Control procedures for all project staff.
HMH Engineers M cC lellan Road Separated Bike Lane s Page 2 of 10
Service Order # 6
1.2 Meeting Preparation and Attendance
Attend project meetings with City staff, City Bicycle and Pedestrian Commission, and
other project stakeholders, as necessary . The following meetings are assumed for the
successful completion of the Preliminary Design -2nd Iteration:
Primary Audience Number of Meetings
City Staff 3
City BPAC 2
VTA 2
UPRR 2
Public Outreach
(Scoped and 4
Budgeted in Task 1.4)
TOTAL: 13
1.3 3rd Party Utility Coordination
Design Professional will coordinate with affected utility companies to identify affected 3rd
party utilities including , but not limited to, Pacific Gas & Electric (PG&E), San Jose Water
Company (SJWC), Cupertino Sanitary District (CSD), American Telephone and
Telegraph (AT&T), Comcast, XO Communications, and Verizon. The project may affect
private utilities and require adjustments to grade or relocation of existing facilities .
Design Professional will identify relocation needs and prepare utility relocation concepts
for use by private utilities.
1.4 Public Outreach
Design Professional will prepare meeting materials for discussion with the public.
Meeting materials will include preparation of up to ten (10) 30"x40" exhibit boards
depicting project information . Design Professional will prepare draft prints of the Boards
for review by the City prior to production . Design Professional will attend and/or present
at up to 4 public outreach meetings.
HMH Engineers McClellan Road Separated Bike Lanes Page 3 of 10
Service Order# 6
Deliverables (all deliverables digital unless otherwise noted)
1. Meeting Minutes
2. Public Outreach Boards -30"x40 " Display Boards
TASK2 Programming and Design Review
2.1 Programming Estimate
Perform a Program-Level cost estimate of probable construction costs for the project.
This estimate will be prepared to facilitate City 's internal decision making and budgeting .
Estimate shall include gross project costs and contingencies based on the Conceptual
Design.
2 .2 Conceptual Design Review
Perform an independent review of the Conceptual Design. The review will evaluate the
proposed improvements for feasibility and consistency with respect to right-of-way,
current bicycle and pedestrian best-practices , intersection operations, and other
governing factors . Findings will be summa r ized in a Design Review memorandum prior
to beginning Task 4.
Deliverables (all deliverables digital unless otherwise noted)
1. Program-Level Estimate
2 . Design Review Memorandum
TASK3 Data Collection
3.1 Existing Data Assembly
Review project data provided by the City that may include , but is not limited to:
topographic survey, geotechnical reports, traffic studies , CEQA documents, other
environmental studies, tree surveys , arborist's reports , approved Master Plan(s),
development plans , or other such data . The Design Professional shall be entitled to
reasonably rely upon the accuracy and sufficiency of any information provided to the
Design Professional by the City or the City 's agents.
HMH Engineers McClellan Road Separat ed Bike Lane s Page 4 of 10
Service Order # 6
3.2 Utility Record Research
Contact utility companies with facilities within the Project area as identified by a USA
database search . Acquire available utility record drawings and as-built information
including signal, street lighting, flashing beacon as-builts from the City. Plot existing
utilities within CAD for use in Project base maps. Mapping of plotted utilities will be
limited to areas where construction activities are expected to extend below grade. Areas
where utility mapping begins and ends will be clearly delineated on the plans.
3.3 Topographic Survey
Design Professional will perform field topographic surveys to obtain existing pavement
elevations at points of conform. Design Professional will obtain location and invert at
accessible storm drain manholes, inlets and sanitary sewer manholes. Topographic
mapping shall be limited to areas where changes in elevation are anticipated based on
the preliminary plans provided by the City. These areas are generally defined as areas
with sidewalk modifications or realignment of existing curbs. Roadway cross sections
will be collected along McClellan Road at approximately 250' intervals to develop
general project slopes and widths for use in drainage design and confirming existing
roadway widths .
3.4 Right-of-Way Survey
In areas where the proposed improvements, as shown on Conceptual Drawings, include
work behind the existing curb alignment, Design Professional will:
1. Perform field survey of existing control and monumentation.
2. Locate existing survey monuments and accessible property corners and
compute the existing right-of-way based on available information that may
include boundary evidence and records maps.
3.5 Street Right-of-Way Mapping
In areas where the proposed improvements, as shown in the Conceptual Design, include
work behind the existing curb, Design Professional will prepare a calculated resolved
boundary base map of the existing right-of-way for use in design . This information will be
based on available records and County Assessors maps . In these areas, Design
Professional will not resolve the boundary of individual private properties and side
HMH Engineers McClellan Road Separated Bike Lanes Page 5 of 10
Service Order # 6
property lines of parcels . Right-of-way boundaries will not be prepared for the remainder
of the project and will not be shown on the plans.
3.6 Base Mapping
Plot features collected through topographic survey using current AutoCAD software on a
screened aerial photo base as a background for proposed improvements.
3.7 Signal and Lighting Field Review
Design Professional will conduct a field review of the signal, flashing beacons, and
lighting locations within our scope, and note pertinent features such as existing street
lighting equipment, pavement markings, visible overhead utilities, telephone and CATV
facilities, adjacent land uses, driveways, pedestrian/bicycle facilities, bus stops, and
landscaping. Photographs of the project site will be taken for design reference.
Deliverables (all deliverables digital unless otherwise noted)
1. Scalable Base Map in AutoCAD (current version) Format
TASK4 Preliminary Construction Documents
4.1 Preliminary (35%) Plans and Estimate
Prepare Preliminary Design and submit to the City for review and comment. The plans
shall be prepared digitally using current AutoCAD software. The plans shall be
formatted per City standards and submitted with other Preliminary Design Documents as
noted below. The Preliminary Plans will be developed to approximately 35% of the final
product and will include major items of work needed to accomplish the Project.
Design Professional will identify the signal modifications needed for the intersection of
McClellan Road and De Anza Boulevard . Work will also include review of street lighting
and flashing beacons for the Preliminary Submittal.
Plans will conceptually show the modifications as notes on 20-scale drawings. The intent
of the concept plans is to provide sufficient detail to estimate construction costs and
achieve stakeholder concurrence of the design concept.
HMH Engineers McClellan Road Separated Bike Lanes Page 6 of 10
Service Order # 6
We will research three vendor options with costs for bicycle detection. The Signal,
Lighting and Beacon Modification Concept Plan will include preliminary design of signal
work to accommodate proposed improvements within the existing intersection
configuration at De Anza Boulevard.
The sheets to be provided for this Preliminary Plan submittal may include :
1 . Title Sheet, Legend and Notes ( 1)
2. Improvement Plans (20-scale) (8)
3. Signal, Lighting and Beacon Modification Conceptual Plan (8)
Prepare a Preliminary Estimate of Probable Construction Cost based on items and
quantities of work shown on the Preliminary Plans. Prices will be based on the
magnitude of the quantities and the Design Professional's experience with similar local
projects and engineer's judgment.
4.2 Preliminary (35.1 %) Plans and Estimate -2nd Iteration
After delivery of the preliminary Plans and Estimate, it is understood that the City will
circulate said deliverables with key stakeholders including City BPAC, City Council, the
community and other involved parties. After this circulation, the City will provide a
consolidated set of recommendations for modifications to the plans. The design
professional will revise the Preliminary Design to incorporate these recommendations,
as practicable. The revised submittal will not materially progress the design completion
of the project. Instead, the revised submittal will modify the Preliminary Design in
response to stakeholder input and City direction .
The design professional will prepare a 2nd Iteration of the Preliminary Estimate of
Probable Construction Cost based on items and quantities of work shown on the revised
Preliminary Plans. Prices will be based on the magnitude of the quantities and the
Design Professional's experience with similar local projects and engineer's judgment.
Deliverables: (all deliverables digital unless otherwise noted)
1. Preliminary (35%) Plans
2. Preliminary (35%) Estimate of Probable Construction Cost
3. Preliminary (35.1 % ) Plans -2nd Iteration
HMH Engineers McClellan Road Separated Bike Lane s Page 7 of 10
Service Order# 6
4. Preliminary (35 .1 %) Estimate of Probable Construction Cost -2nd Iteration
Assumptions and Exclusions
The following assumptions were made in preparation of this scope of work:
• All traffic signal, street lighting, and flashing beacons have existing service points that
can be maintained for the proposed elements .
• Signal interconnect will not need to be modified
• The City of Cupertino will prepare modifications to the signal timing.
• No interim or temporary traffic signal, street lighting or flashing beacon plans are
needed.
• Record Right-of-way mapping will be limited to areas where work is performed beyond
the existing roadway curb . It is assumed that all work included in the preliminary plans is
within City Right-of-way. No inclusion of right-of-way acquisition documents is included
in this scope of work .
• The C ity will prepare, obtain and coordinate all permitting requirements and obtain
environmental clearance for the work .
• Plans and Specifications will be based on the 2015 Caltrans Standard Plans and
Specifications . Asphalt Concrete specifications will reference Caltrans 2010 Standa rd
Specifications .
• No bus shelters will be relocated with the project. Design Professional will not design or
modify standard details of VT A 's bus shelter. Electrical connections will be re-
established as necessary.
The items listed below are specifically excluded from the scope of works defined above:
• Environmental permitting and clearance activities
• Arborist reports or tree health evaluations
• Traffic Analysis or detailed evaluation of proposed improvements effect on traffic
operations .
• Plat Maps and/or Legal Descriptions
• Archite ctural or Structural desi g n pertaining to the relocation of bus shelters
HMH En gine er s McClellan Road Separat ed Bi ke La nes Pag e 8 of 10
Service Order # 6
ATTACHMENT B
Schedule
This Schedule of Performance establishes the milestones for commencement and completion of
the Tasks for Basic Services as specified in Exhibit A, Scope of Services.
TASK# TASK DESCRIPTION COMPLETE/DURATION
1 Project Management and Coordination As agreed upon
2 Programming and Design Review As agreed upon
3 Data Collection As agreed upon
4 Preliminary Construction Documents As agreed upon
HMH Engineers McClellan Road Separated Bike Lanes Page 9 of 10
Service Order# 6
ATTACHMENT C
COMPENSATION
Capitalized terms which are defined in the Agreement have the same meaning in this Exhibit C.
This Exhibit C on Compensation supplements the provisions of Section 4 of the Agreement on
Compensation , as further specified in Section 4.
1. BASIC SERVICES BUDGET SCHEDULE
The following budget schedule will be used to determine compensation for Basic Services
based on time and expenses, subject to confirmation and agreement by the City, and budget for
each listed Task:
TASK# TASK DESCRIPTION TASK BUDGET
1 Project Management and Coordination $44,000
2 Programming and Design Review $16 ,000
3 Data Collection $55,000
4 Preliminary Construction Documents $76 ,000
TOTAL $191,000
Design Professional may not bill in excess of the Task Budget amount for any Task without prior
written authorization from the City. The City has the discretion, but not the obligation, to
reallocate the budgeted amounts for each Task, subject to the not to exceed limit specified in
Section 4.
HMH Engineers McClellan Road Se parate d Bike Lane s Page 10 of 10
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSULTANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
MASTER AGREEMENT PO #: 2017-3 Service Order No.: 7
Maximum Compensation: $1,000,000 Account No.: 420-99-036-900-905-ST 016-02-02
Agreement Term: December 31, 2018
Approval by:
Consultant:
Project Description:
Project Name:
DDescription:
City Council Item No. 19
HMH Engineers, Inc.
1570 Oakland Road
San Jose, CA 95131
C o ntact: William J. Wagner
Regnart Creek Trail Feasibility Study
Date: September 6, 2016
Phone: (408) 487-2200
0 Attachment A: Includes Scope of Service and Schedule of Compensation.
City Project Management
Managing Department: Public Works
City of Cupertino
HMH Engineers, Inc.
Project Manager: David Stillman
Page 1 of 2 Service Order #7
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSULTANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
Fiscal/Budget
Master Agreement Maximum Compensation:
Previously Encumbered on Master Agreement:
SO #1 McClellan Rd SW Phase 2 : 270-90-976-900-905-ST 009-02-02
SO 112 Sidewalk Renovation-SCB : 270-99-046-900-905-ST 015-02-02
SO 113 McClellan Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02
SO 114 Retaining Wall Replace-Regnart Rd 420-99-041-900-905 ST 021 -02 -02
SO 115 SW Improve-Orange & Byrne Prelim Design 270-90-958-900-905-ST 013-02-02
SO 116 McClellan Road Separated Bikeways 420-99-036-900-905 ST 016-02-02
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBRANCE:
ENCUMBER: SO 117 Regnart Crk Tri Feasibility Study -420-99-036-900-905 ST O ~ \ • C9l ,o l
Total Encumbered to Date including this SO:
Master Agreement Balance:
Contract Manager: John Raaymakers Date: 9/12/2017
APPROVALS j
Consultant, .¥<'1 ~ Date:
Dimto,ofPublkWo,ks, ~dL
~ 7/d?,n ~£p.:y/
Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that fund are available as of this
date of signature.
City of Cupertino
HMH Engineers, Inc. Page2of2
Date: q · 14, / f-
Amount
$1,000,000
$254,882
$28,550
$9,500
$65,371
$114,124
$191,000
$663,427
$336,573
$157,503
$820,930
$179,070
Service Order 117
Service Order# 7
Attachment A
Scope of Services
Design Professional will provide certain Civil Engineering services as required and requested by City .
Design Professional will provide services under this Master Agreement on an "as needed" basis and only
(1) upon written request from City's Director of Public Works or authorized Agent as defined in Section
8, Project Coordination and (2) as defined in a fully executed Service Order.
A. Design Approach
Design Professional will support the City to examine feasibility of the trail along the existing Santa Clara
Valley Water District (SCVWD) maintenance access road which runs parallel and adjacent to Regn art
Creek from Pacifica Drive to the west to East Estates Drive to the east. The trail will connect to the
existing Creekside trail to the east of the project and to on-street bike facilities proposed along Pacifica
Drive .
The Design Professional will prepare a Feasibility Study which will discuss key elements of feasibility,
outreach, right-of-way, costs, jurisdictional requirements and environmental considerations which may
affect the City's ability to successfully implement the project.
The Feasibility Study Report will be prepared as a series of memorandums which will be reviewed by
City Staff. These memorandums will be compiled into the Feasibility Study. The Feasibility Study is
anticipated to be prepared in the following sequence:
/-----. -... -· ... "-.
lPrepare Memos
_/
(
HMH Engineers
City Review
Memos
Prepare Admin
Draft Feasibility
Study
City Review
Admin Draft
Feasibility Study
\
~----~,/
Regnart Creek Trail Feasibility Study
;------\
Submit Final
Feasibility Study
'-------
Page 1 of 10
Service Order# 7
It is anticipated that the report will be broken into the following chapters :
1. Executive Summary
2. Introduction
3 . Ex isting Conditions *
4 . Trail Criteria *
5 . Public Outreach *
6 . Trail Alternatives *
7 . Con struction Costs and Phasing*
8. Conclusion
* Indicates the Chapter will be submitted to the City in memorandum format prior to compilation of the
Feasibility Study .
B. Specific Performance Requirements
For the Project, De sign Professional may provide the following ta sks and subtasks, as is required for the
Project:
TASK 1: Project Management and Available Resource Review
Jon Cacciotti, PE will serve as the Project Manager. The Project Manager will regularly monitor progress
and track and act on key issues of the project . The Project Manager will update the design schedule
regularly and monitor project budget. The Project Manager will coordinate between the project team,
City staff and sub-consultants to facilitate the free and timely flow of information . The Project Manager
will coordinate Quality Assurance and Quality Control procedures for all project staff.
The Design Professional w i ll become familiar with existing resource documents that contain information
relating to this project and the City's policies regarding trails . These documents may include:
• "Cupertino General Plan : Community Vision 2015-2040"
• "City of Cupertino 2016 Bicycle Transportation Plan "
• "Santa Clara County Countywide Trails Master Plan Update", dated November 14, 1995
HMH Engineer s Regnart Creek Trail Feasibility Study Page 2 of 10
Service Order # 7
• "Countywide Trails Prioritization and Gaps Analysis", dated March 17, 2015
• "VTA Bikeways Map D -Cupertino, Campbell, Saratoga and Los Gatos", May 2016
The Design Profes sional will familiarize themselve s with the various agency standards and guidelines for
developing trail design concepts that may apply to this project and will summarize the relevant guidelines
in the Trail Criteria Memorandum prepared in Task 4. These include, but are not limited to :
• 1999 Santa Clara County lnterjurisdictional Trail Design , Use and Management Guidelines
• 2005 Santa Clara County Parks and Recreation Department Trail Maintenance Manual
• 2006 Santa Clara Valley Water District, Water Resources Protection Manual: Guidelines &
Standards for Land Use Near Streams
• 2016 California Department of Transportation Highway Design Manual: Chapter 1000 Bicycle
Transportation Design
• 2013 Architectural Barriers Act Accessibility Guidelines : Outdoor Developed Areas (and all
applicable latest ADA standards)
• VTA Bicycle Technical Guidelines, December 2012
TASK 2: Identify Ownerships & Jurisdictions
The Design Professional will contact the Santa Clara Valley Water District (SCVWD} to acquire available
easement information, if applicable. The Feasibility Study will identify agency considerations, constraints,
and any reviews, authorizations or permits needed.
The Design Professional will prepare a Record Boundary based on available APN maps and record
information . Record Boundary will be prepared in AutoCAD without supplemental field data for the
corridor and will be used to determine right-of-way constraints associated with the preferred trail
alignment .
Deliverables
>-Record Boundary Mapping in AutoCAD Format (shown on Exhibits)
TASK 3: Field Review and Existing Conditions
HMH Engineers Regnart Creek Trail Fea sibility Study Page 3 of 10
Service Order # 7
The Design Professional will conduct site visits to observe existing field conditions, verify trail alignment
fe as ibility, and gather any additional data needed to develop trail design concepts . Information will be
gathered and mapped on opportunities for connectivity to existing trails and nearby points of interest.
Constraints to trail development will be identified including, though not limited to, land capability, utility
presence, storm drainage infrastructure and drainage structure considerations, roadway conditions,
exi sting underpasses/overpasses and retaining walls, biological resources, geotechnical limitation s,
environmental factors, FEMA/flooding concerns , permitting and regulatory concerns , safety
considerations, and institutional issues . The Design Professional will pay special attention to roadway
crossings, creek crossings, areas where structures may be needed (e.g . bridge , overpass, underpass, etc.),
areas where trail width may be constrained, and areas in proximity to key infrastructure (e .g. reta i ning
walls).
The Design Professional will refine and complete an inventory, analysis and mapping of existing facilitie s.
The inventory and analys is will include, though not be limited to, the following :
• Zonin g, land use, specific plan considerat i ons as applicable
• On-street bicycle and pedestrian facilities and crossings
• Connections to other modes of transportation
• Roadway crossings
• Creeks and waterway crossings
• Trees, as identified by the City Arborist (protected, native, and trees greater than or equal to 8-
inches in diameter)
• Utilities (above and below ground, within project limits)
• Grading and drainage
• Rights-of-way, easements, and encroachments
• Biological conditions
• Photographs
Deliverables
~ Existing Conditions Memorandum (draft and final)
HMH Engineers Regnart Creek Trail Feasibility Study Page 4 of 10
Service Order# 7
TASK 4: Develop Trail Alignments and Feasibility Criteria
The Design Professional will identify alignment alternatives for the Trail. The Design Profe ssional will
consider an alignment along Regnart Creek between Pacifica Drive and E. Estates Drive.
The Design Profes sional will consider the following minimum design considerations as they relate to
alignment alternatives:
• Need for real property or easement acquisition (for temporary and/or long-term trail alignment)
• Utilities (above and below ground)
• Overhead line s
• Regnart Creek flooding and drainage
• Intersection crossings
• Pro ximity to residences
• Privacy con siderations and solutions
• Acces s to nearby points of interest
• Compliance with ADA requirements
• Safe connections with ex isting and planned bicycle and pedestrian facilities
• Safety of trail users and residents adjacent to the Trail (including at night)
• Policing/preventing unauthorized trail access at ni ght
• Emergency vehicle access
• Maintenance and management
• Con struction Cost
The Design Professional will provide information and recommendations for what type of trail is feasible
(i.e . multiuse , 8'-wide, Class I, etc .), sketches of typical trail width and treatment, sketches and concept
design solutions that illustrate each crossing , intersection, and proposed structure with enough detail to
confirm that adequate clearances can be provided , sketches of design solutions at areas where the width
is constrained , and sketches showing the widths and designs would meet the varying grantors and design
standards . The De sign Professional will also ex plore and provide alternatives for over, under, and at-grade
intersection cro ss ings , on-street and at-grade alternatives for any seasonal underpas ses , and short-term
and long-term solutions that allow for pha sing . The Design Professional will also identify opportunities
HMH Engineers Regnart Creek Trail Feasibility Study Page 5 of 10
Service Order# 7
for access points, staging areas where amen it ies could be provided (e.g . benches , drinking fountains, etc.),
potential parking areas, and enhancement opportunities to improve habitat value. The Design
Professional will also address potential imp acts to existing tree s.
The Design Professional will conduct special examination of treatments and design concepts at the
following locations :
• Connection to Pacifica Avenue
• Connection to Cupertino Civic Center
• Connection to Rodrigues Avenue
• Connections to residential properties facing the Trail between Rodrigues Avenue and Blaney
Avenue
• Blaney Avenue crossing
• Connection to Wilson Park
• E. Estate s Drive cro ssing
• Connection to Creekside Path/Park
The Design Professional will also develop a recommendation for alternatives to carry into an
environmental analysis of a trail project.
Deliverables
>" Trail Alternatives Memorandum (draft and final)
>" Trail Criteria Memorandum (draft and final)
>" Construction Costs and Phasing Memo (draft and final)
TASK 5: Community Outreach
COMMUNITY OUTREACH PLAN
Design Professional will participate in a meeting with the City and key partners to create a detailed,
coordinated plan to inform and involve the public and all partners and stakeholders throughout the trail
HMH Engineer s Regnart Creek Trail Fea sibility Study Page 6 of 10
Service Order# 7
study. A draft outreach strategy will be prepared befo r e the project initiation meeting a nd finalized at
that meeting . Ke y components to be developed include :
• Plan of materi als to be developed, including public notices, on line forum, and email messages
• Study messaging to be used throughout outreach materials, including specific messaging for
parents and families, and non -English-speaking residents
• Materials and communications distribution plan
• Outreach schedule
Design Profe ssional will implement the final outreach plan in collaboration with the City. We anticipate
that the City will assi st with material distribution, including distribution to City channels, including print
and electronic media and public message boards .
COMMUNITY WORKSHOPS
Design Profes sional will work with the City to plan and ho st up to two (2) en gaging , collabo r ative , and
interactive community workshops. Design Profes sional will develop up to ten (10) board s for the two
community workshops. These boards will be highly visual , with ma ximum use of graphic representation
of materials alongside any narrative information.
Workshop #1
The first workshop will focus on introducing the study, gathering stakeholder feedback on opportunities
and con straints to be ex plored . This workshop will provide an opportunity to gather early feedback on
the project and engage stakeholders at the earliest stages of study development. We envision that the
workshop would include multiple st ations with maps, diagrams, and other visual materials to help orient
attendees to the study area and objectives, with Design Professional and City staff available to discuss
the project and gather feedback .
Workshop #2
The second community workshop will provide an opportunity to showcase the study findings, including
the recommended alignment, design standards, and cost estimates. Design Professional will work with
the City to plan the workshop for diverse attendance from stakeholder communities, including user
groups, school communities, nearby property owners . The workshop will be in an open hou se format,
providing an opportunity to drop in , review the study findings and recommendations, and speak with
project team staff when convenient to the attendee.
HMH Engineers Regnart Creek Trail Feasibility Study Page 7 of 10
Service Order# 7
NEIGHBORHOOD WORKING GROUPS
To promote more focused input and engagement, Design Professional will hold neighborhood-specific
working group sessions with residents living along the corridor. Design Professional will meet with the
working group up to two (2) times. The first working group session will describe existing conditions,
opportunities, and constraints, and share initial concepts for review and feedback. The second working
group session will share revised concepts for further review and feedback . These meetings will take
place between community-wide workshops. The method for noticing residents will be established in the
Community Outreach Plan and may include direct mail and/or on line social media such as NextDoor.
GRAPHICS/ONLINE MEDIA
Design Professional will develop a logo and design scheme to brand the study process . Design
Professional will develop outreach flyers for each of the two (2) community workshops and
neighborhood-specific working group sessions.
Design Professional will prepare up to eight (8) visually rich posts to help the City advertise upcoming
events or provide updates on the study process via the City's website and social media channels .
PUBLIC OUTREACH MEMO
Design Professional will develop a memo that details the public outreach process, time line of activities ,
level of participation, and community feedback . The memo will summarize community input according
to common themes expressed by the public and provide documentation of the engagement process
through photographs, attendance records, and comment cards, or other written remarks .
Deliverables
~ Up to two (2) community workshops
~ Up to ten (10) outreach boards
~ Up to two (2) neighborhood-specific working group sessions
~ Study logo and brand
~ Community workshop flyers
~ Up to eight update posts for social media/website
~ Public Outreach Memo (draft and final)
HMH Engineers Regnart Creek Trail Feasibility Study Page 8 of 10
Service Order# 7
TASK 6: Prepare Trail Feasibility Study
Based on all the data collected from the previous tasks, the Design Professional will prepare the Draft
Regnart Creek Trail Feasibility Study. Each major chapter/section and all ex hibits/appendices will be
provided to City staff for review in an Administrative Draft for comments.
Upon final comments by City staff, the Design Professional will revise and submit the Final Regnart Creek
Trail Feasibility Study.
Deliverables
>'" Regnart Creek Trail Feasibility Study (administrative draft)
>'" Regnart Creek Trail Feasibility Study (final draft)
TASK 7: Meetings
Project Kickoff Meeting
A project kickoff meeting with City staff and project team members will occur. Topics will include a review
of scope, process , and schedule.
City Staff Meetings
Meetings with the City project team will occur throughout the process and will occur in Cupertino as
needed . The Design Professional will lead the meetings and prepare the agendas, meeting materials, and
meeting minutes . Up to four (4) meetings are included in this scope of work .
City Council Meetings/Study Sessions
The Design Professional will participate in one (1) City Council meetings/study sessions . The Design
Professional will prepare associated presentation materials .
Commission Meetings/Study Sessions
The Design Professional will participate in up to two (2) Commission meetings/study sessions . The Design
Professional will prepare assoc iated presentation materials .
HMH Engineers Regnart Creek Trail Feasibility Study Page 9 of 10
Service Order# 7
Agency Meetings
The De sign Professional should assume conducting meetings with each of the following agencies :
• Santa Clara Valley Water District (SCVWD)
o Up to three (3) meetings
• PG&E
o Up to one (1) meeting
The Design Professional will lead the meetings and prepare the agendas, associated presentation
materials, and meeting minutes following each meeting .
Deliverables
);.. Agendas, meeting materials, and meeting minutes for Project Kickoff and City Staff
Meetings
;;.. Meeting materials and presentations fo r Commission Meetings
~ Agendas, meeting materials, and meeting minutes for Agency Meetings
Assumptions and Exclusions
The following as sumptions were made in preparation of this scope of work:
• SCVWD will provide Right-of-Way access for community meetings and field review of
constraints .
• Construction details and detailed civil engineering design is not included in this scope of work.
• Lighting studies or photometric analysis is not included in this scope of work.
• City staff will review and provide arborists services .
• No field topographic survey is included in this scope of work.
• No traffic analysis or study of projected facility users is included in this scope of work.
• No cost -benefit or life cycle analysis is included in this scope of work.
• No comprehensive utility mapping is proposed within this scope. Utilities will be identified via a
field walk of existing conditions.
HMH Engineers Regnart Cr eek Trail Fea sibility Study Pag e 10 of 10
BUDGET SCHEDULE
TASK TASK COMPENSATION
#1 Project Management and Available Resource Review $7,624
#2 Identify Ownerships & Jurisdictions $9,800
#3 Field Review and Existing Conditions $23,940
#4 Develop Trail Alignments and Feasibility Criteria $40,879
-----·----·---------------------------------··-·-----------·----------
#5 Community Outreach
#6 Prepare Trail Feasibility Study
#7 Meetings
-------------------
TOTAL
$37,620
$25,004
$12,636
$157,503
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSULTANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
MASTER AGREEMENT PO /t : 2017-3 Service Order No.: 8
Maximum Compensation: $1,000,000 Account No.: 420-99-036-900-905-ST 016-02-02
Agreement Term: December 31, 2018
Approval by:
Consultant:
Project Description:
Project Name:
DDescri ption:
City Council Item No. 19
HMH Engineers, Inc.
1570 Oakland Road
San Jose, CA 95131
Contact: William J. Wagner
Orange & Byrne 65% Design
Date: September 6, 2016
Phone: (408) 487-2200
0 Attachment A: Includes Scope of Service, Schedule of Performance and Compensation.
City Project Management
Managing Department: Public Works
City of Cupe rtin o
HMH Engineers, Inc.
Project Manager: John Raaymakers
Page 1 of 2 Se rvi ce Order #8
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSULT ANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
Fiscal/Budget
Master Agreement Maximum Compensation:
Previously Encumbered on Master Agreement:
SO #1 McClellan Rd SW Phase 2 : 270-90-976-900-905-ST 009-02-02
SO 112 Sidewalk Renovation-SCB : 270-99-046-900-905-ST 015-02-02
SO #3 McClellan Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02
SO #4 Retaining Wall Replace-Regnart Rd 420-99-041-900-905 ST 021-02-02
SO #5 SW Improve-Orange & Byrne Prelim Design 270-90-958-900-905-ST 013-02-02
SO #6 McClellan Road Separated Bikeways 420-99-036-900-905 ST 016-02-02
SO #7 Regnart Crk Tri Feasibility Study -420-99-036-900-905 ST 016-02-02
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBRANCE:
ENCUMBER: SO #8 Orange & Byrne 65% 270-90-958-900-905-ST 013-02-02
~~ Total Encumbered to Date including this SO:
UL,,.; Master Agreement Balance:
Contract Manager: John Raaymakers Date: 9/12/2017
APPROVALS
Consultant: Date: 9/ '5 f 7
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that fund are available as of this
date of signature.
City Finance: ~ iL (A,~cj-,
City of Cupertino
HMH Engineers, Inc.
~Nu.JS
4·1.el·'i
{)tJ 7(;-( g ""'~+Page 2 of 2
Date: q, rfJ · ( ·t
Amount
$1,000,000
$254,882
$28,550
$9,500
$65,371
$114,124
$191,000
$157,503
$820,930
$179,070
$160,468
$981,398
$18,602
Service Order #8
Service Order #8
Attachment A
Scope of Services
Design Professional shall provide certain Civil Engineering services as required and requested
by City.
Design Professional shall provide services under this Master Agreement on an "as needed"
basis and only (1) upon written request from City's Director of Public Works or authorized Agent
as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service
Order .
Specific Performance Requirements
The Project, as defined below, is generally described as roadway improvements along Byrne
Ave and Orange Ave between McClellan Road to the south and Grenada Ave to the north.
Work includes completing gaps in existing curb, gutter and sidewalks including changes and
improvements needed to accomplish continuous walkways in the Project areas. It is assumed
that the plans, specifications and estimates will be delivered in two (2) packages, herein referred
to as "Orange" and "Byrne", consisting of the elements defined in the tasks below. This division
will be used for deliverables as directed by the City.
For the Project , Design Professional will provide the following tasks and subtasks, as is required
for the Project:
Task 3.0 65% Construction Document Development
The 65% Construction Documents are a refinement of the Preliminary (35%) Design Documents
and are to be based on comments received for the preliminary review . The 65% Plans, Draft
Technical Specifications, and 65% Cost Estimate shall be submitted together.
3.01 Meetings: Participate in meetings with representatives of the City during the 65%
Construction Document phase and provide written meeting minutes to the City within
two (2) business days .
3.02 Outreach: Attend up to two (2) community meetings scheduled by the City. Prepare
displays to support the community outreach. Displays will include full size Preliminary
Plans with aerial photography backgrounds and other related displays as directed by
the City.
3.03 Base Mapping Adjustments: Adjust existing base mapping to incorporate features
collected through supplemental survey using current AutoCAD software on a screened
aerial photo base as a background for proposed improvements.
3.04 Utility Design Coordination: Coordinate field reviews and investigative work by utility
companies and owners as required. Coordinate relocation efforts of third party utility
owners with the assistance of the City. Review utility relocation plans for consistency
with design drawings.
3.05 65% Plans:
Prepare 65% Design Plans and submit them to the City for review and comment. 65%
plans shall include revisions and updates of plans submitted as Preliminary Design and
1
Service Order #8
addition of sheets not previously submitted (signing and striping, draft details , etc.).
Advance the design to the point that all major design issues and solutions are
represented in the plans .
The 65 % Design Plans shall clearly identify right-of-way that will need to be acquired
through easements or in fee to construct the proposed improvements .
The following types of plans may be prepared :
Title Sheet, Legend and Notes
Typical Cross Sections
Street Improvement Plans and Profiles
Construction Details
Drainage and Utility Relocation Plans
Signing and Striping Plans
3.06 Right-of-Way Plats and Descriptions: Prepare plat maps and legal descriptions for up
to twenty-six (26) property acquisitions required for the Project work .
3.07 Draft Technical Specifications: Prepare Draft Technical Specifications and submit to
the City for review. The Technical Specifications are to reference City or Caltrans
Standard Specifications for the various items of work, including measurement and
payment provisions .
3.08 65% Cost Estimate: Prepare a 65 % Estimate of Probable Construction Cost based on
items and quantities of work shown on the 65 % Plans and other anticipated
improvements . Prices will be based on the magnitude of the quantities and the Design
Professional's judgment and experience with similar local projects and recent
construction bids.
3.1 Deliverables: (all deliverables shall be in a PDF format unless otherwise noted)
3.01 Meeting Notes
3 .05 65 % Design Plans
3 .06 Plats and Legal Descriptions
3.07 Draft Technical Specifications
3.08 65 % Construction Cost Estimate
2
Service Order #8
Schedule of Performance
The following sets forth the distribution of CONSUL TANT's Schedule of Performance for each
project. The CITY may approve in writing the extension of any milestone date set in this Exhibit.
Task #3 65% Construction Documents Completion by January 2018
Compensation
A. Maximum Compensation.
The CITY agrees to compensate CONSUL TANT for professional services performed in
accordance with the terms and conditions of this SERVICE ORDER. The maximum amount of
compensation to be paid to CONSUL TANT under this SERVICE ORDER, shall not exceed ONE
HUNDRED AND SIXTY THOUSAND, FOUR HUNDRED AND SIXTY-EIGHT DOLLARS
($160,468). CONSUL TANT agrees that it shall perform all of the services set forth in Exhibit A
of this SERVICE ORDER for the maximum not to exceed amount of ONE HUNDRED AND
SIXTY THOUSAND, FOUR HUNDRED AND SIXTY-EIGHT DOLLARS ($160,468).
B. Method of Payment
For Task No. 3, CONSULT ANT shall, during the term of this SERVICE ORDER , invoice
the CITY monthly based upon a percentage of completion of each task, and reimbursable
expenses incurred if applicable, in completing that task under this SERVICE ORDER.
(Hereinafter "Invoice .") Provided CONSUL TANT has completed the services and incurred the
reimbursable expenses covered by the Invoice in accordance with the provisions of this
SERVICE ORDER , as determ ined by the CITY, the CITY shall pay CONSUL TANT the amount
shown on the Invoice within thirty (30) working days of receipt of the Invoice .
The Invoice shall be based on the percentage of task completed, and it shall describe
the topics and tasks completed during the Invoice period in accordance with the Budget
Schedule set forth below. The Invoice shall list work completed and reimbursable expenses if
applicable, in accordance with the Budget Schedule set forth below. CONSUL TANT also shall
include support ing documents for any reimbursable expenses. The Invoice shall also show the
total to be paid for the Invoice period.
C. Subconsultant Services.
CONSUL TANT is directly responsible for any payment for SUBCONSUL TANT work on
this PROJECT . SUBCONSUL TANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSUL TANT.
D. Reimbursable expenses.
Reimbursable expenses are included in CONSUL TANT's lump sum compensation,
including, but not limited to , any expenses related to CONSUL TANT's internal plan checks,
CAD test prints, 8 1/2 " x 11 " copies or fax copies . Plotting and Printing for public distribution will
be the responsibility of the CITY. There are no separate reimbursable expenses for work
performed under Task 3 in the Scope of Services .
3
Service Order #8
Exclusions
The items listed below are specifically excluded from the scope of services as defined above :
Electrical design pertaining to new or existing streetlights or signals affected by the
Project.
Landscape and/or irrigation design services pertaining to existing or proposed
landscaping or irrigation work beyond general notes on the plans instructing the
contractor to maintain and/or replace affected systems and vegetation.
Design of non-standard retaining walls.
Obtaining Title Reports for residential properties
Design of stormwater treatment systems such as biocells and bioretention basins
4
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSULTANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
MASTER AGREEMENT PO #: 2017-3 Service Order No.: 9
Maximum Compensation: $1,000,000 Account No.: 270-90-976-900-905-ST 009-02-02
Agreement Term: December 31 , 2018
Approval by:
Consultant:
Project Description:
Project Name:
~Description:
City Council Item No. 19
HMH Engineers, Inc.
1570 Oakland Road
San Jose, CA 95131
Contact: William J. Wagner
McClellan Sidewalk PG&E Staking
Date: September 6, 2016
Phone: (408) 487-2200
To facilitate PG&E's relocation work associated with the City's Project: McClellan Road
Sidewalk Improvements -Phase II, HMH will set field stakes for locations of PG&E facilities
including poles, vaults, and guy wires associated with PG&E Project: PM 31289046. For
proposed vaults, HMH will provide approximate elevation data for proposed improvements
based upon the current designs of proposed city facilities. Stakes will be set prior to the
coordinated field meeting with PG&E and are anticipated to be sufficient for construction
shortly thereafter. This work is limited to one mobilization and does not anticipate re-stakes or
additional mobilization after the work is performed.
D Attachment A: Includes Scope of Service, Schedule of Performance and Compensation.
City Project Management
Managing Department: Public Works
City of Cupertino
HMH En g ineers, Inc.
Project Manager: John Raaymakers
Page 1 of 2 Service Order #9
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSULT ANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIO US PROJECTS
SERVICE ORDER
Fiscal/Budget
Master Agreement Maximum Compensation:
Previously Encumbered on Master Agreement:
SO #1 McClellan Rd SW Phase 2 : 270-90-976-900-905-ST 009-02-02
SO #2 Sidewalk Renovalion-SCB : 270-99-046-900-905-ST 015-02-02
SO 113 McClellan Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02
SO 114 Retaining Wall Replace-Regnart Rd 420-99-041-900-905 ST 021-02-02
SO 115 SW Improve-Orange & Byrne Prelim Design 270-90-958-900-905-ST 013-02-02
SO 116 McClellan Road Separated Bikeways 420-99-036-900-905 ST 016-02-02
SO #7 Regnart Crk Trl Feasibility Study -420-99-036-900-905 ST 016-02-02
SO #8 Orange & Byrne 65% 270-90-958-900-905-ST 013-02-02
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBRANCE:
ENCUMBER: SO 119 McClellan Sidewalk PG&E Staking 270-90-976-900-905-ST 009-02-02
Total Encumbered to Date including this SO:
Master Agreement Balance:
Contract Manager: John Raaymakers Date: 11/22/2017
APPROVALS
Consultant a ~
I
Director of Public Works~f-'e .... ·-----
Date: l l /-i -z-{ l 7
Date: U {z, 7 /t 7
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that fund are available as of this
date of signature.
City Finance:
City of Cupertin o
HMH Engineers, Inc.
Date :
Page2of2
Amount
· $1,000,000
$254,882
$28,550
$9,500
$65,371
$114,124
$191,000
$157,503
$160,468
$981,398
$18,602
$1,650
$983,048
$16,952
Service Order #9
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSULTANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
MASTER AGREEMENT PO#: 2017-3 Service Order No.: 10
Maximum Compensation: $1,000,000 Account No.: 420-99-036-900-905 ST 016-02-02
Agreement Tenn: December 31, 2018
Approval by:
Consultant:
Project Description:
Project Name:
~Description:
City Council Item No.19
HMH Engineers, lnc.
1570 Oakland Road
San Jose, CA 95131
Contact: William J. Wagner
Seperated Bikeways-McClellan Road
Date: September 6, 2016
Phone: (408) 487-2200
This Service Order is to provide stop-gap funding to alow project design work to move forward.
The balance of design funding is anticipated to be provided through a future Master Agreement
D Attachment A: Includes Scope of Service, Schedule of Performance and Compensation.
City Project Management
Managing Department Public Works
Oty of Cu pertino
HMH Engineers, Inc.
Project Manager: John Raaymakers
Pagel of2 Se rv ice Ord er #10
CITY OF CUPERTINO
FOR HMH ENGINEERS, INC. CONSULTANT SERVICES
AGREEMENT FOR DESIGN SERVICES ON VARIOUS PROJECTS
SERVICE ORDER
Fiscal/Budget
Master Agreement Maximum Compensation:
Previously Encumbered on Master Agreement:
SO #1 McClellan Rd SW Phase 2 : 270-90-976-900-905-ST 009-02-02
SO #2 Sidewalk Renovation-SCB : 270-99-046-900-905-ST 015-02-02 actual
SO #3 McClellan Rd SW Phase 2 -Staking : 270-90-976-900-905-ST 009-02-02
SO #4 Retaining Wall Replace-Regnart Rd 420-99-041-900-905 ST 021-02-02
SO #5 SW Improve-Orange & Byrne Prelirn Design 270-90-958-900-905-ST 013-02-02
SO 116 McClellan Road Separated Bikeways 420-99-036-900-905 ST 016-02-02
SO #7 Regnart Crk Tri Feasibility Study -420-99-036-900-905 ST 016-02-02
SO #8 Orange & Byrne 65% 270-90-958-900-905-ST 013-02-02
SO #9 McClellan Sidewalk PG&E Staking 270-90-976-900-905-ST 009-02-02
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBRANCE:
ENCUMBER: SO 1110 Sep Bike McClellan-Sup] 420-99-036-900-905 ST 016-02-02
Total Encumbered to Date including this SO:
Master Agreement Balance:
Contract Manager: Date: 2/20/2018
APPROVALS
Consultant:
Appropriation Certification: I he eby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that fund are available as of this
date of signature.
City Finance: ~ ~
Oty of Cupertino
HMH Engineers, Inc.
Date: 9' · ?"/·I Z
Page2 of2
Amount
$1,000,000
$254,882
$24,120
$9,500
$65,371
$114,124
$191 ,000
$157,503
$160,468
$1,650
$978,618
$21,382
$21,382
$1,000,000
$0
Service Order #10
