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HomeMy WebLinkAboutStaff Report 6578 City of Palo Alto (ID # 6578) City Council Staff Report Report Type: Action Items Meeting Date: 5/23/2016 City of Palo Alto Page 1 Summary Title: Adobe Creek/Hwy 101 Pedestrian Overcrossing Project Title: Approval of a Contract with Biggs Cardosa Associates, Inc. in the Amount of $1,474,297 to Provide Design and Environmental Assessment Services for the Adobe Creek/Highway 101 Pedestrian Overcrossing, Capital Improvements Program Project PE-11011 From: City Manager Lead Department: Public Works Recommendation Staff recommends Council approve and authorize the City Manager or his designee to execute Contract No. C12162262, a professional services agreement with Biggs Cardosa Associates, Inc. (Attachment A) (Design Agreement), in a not- to-exceed amount of $1,474,297 for Phase 1 services, to provide environmental assessments, engineering, landscape, and architectural design services for the Highway 101 Bicycle/Pedestrian Overcrossing Capital Improvement Program (CIP) Project (PE-11011), including $1,340,270 for basic services and $134,027 for additional services under Phase 1. Executive Summary The report provides information on the project design team, bridge options, costs, funding and schedule, as well as the attached Design Agreement. The recommended design team, Biggs Cardosa Associates, will provide design services for a standard bridge, 12-feet wide, with a construction cost within the anticipated $13 million project budget. The preferred basic bridge components and enhancements identified during the design competition process will be developed conceptually as part of the designer’s scope of work. Staff will return to Council with the bridge concepts prior to starting the environmental assessment to confirm the project components such as bridge structure type, width, amenities and optional enhancements. At that time, staff may City of Palo Alto Page 2 recommend continuing to seek additional funding that could allow incorporation of the optional enhancements. Background The Highway 101 Bicycle/Pedestrian Overcrossing Project includes construction of a new, year-round, grade-separated, shared bicycle and pedestrian crossing over Highway 101 and Adobe Creek. This project will improve connectivity to the Palo Alto Baylands Nature Preserve, East/West Bayshore Road businesses and the regional San Francisco Bay Trail network. In November 2011, Council approved a Feasibility Study identifying the need for a year-round pedestrian and bicycle overcrossing at Highway 101 and Adobe Creek (Staff Report ID #2074). In June 2012, Council awarded a contract to Alta Planning + Design to develop a preliminary design and conduct an environmental assessment of the Adobe Creek overcrossing (Staff Report ID #2771). To obtain a wider range of bridge designs incorporating innovative, versatile and sustainable design to construct a “landmark” bridge, the City conducted a design competition that was completed in December 2014. Following the design competition, Council selected the low-profile suspension bridge design proposed by Moffatt and Nichol (M&N) and directed staff to negotiate a design contract with M&N after confirming the bridge’s constructability and cost. On December 14, 2015, staff reported to Council that the uniqueness and complexity of the M&N design would likely result in significantly higher cost than the available budget (Staff Report ID #5780). Council directed staff to: 1. Cease contract negotiations with M&N; 2. Proceed with a Request for Proposal (RFP) for design services to develop a bridge concept meeting a new $13 million project budget; 3. Work with Google to secure additional funding to supplement the project budget; and 4. Pursue additional public and private funding to support enhancements to the standard bridge design. Discussion Request for Proposal Process City of Palo Alto Page 3 On December 22, 2015, the City released an RFP (No. 162262) for Highway 101 Bicycle/Pedestrian Overcrossing design services. Staff contacted firms that participated in the 2014 Design Competition. The RFP required prospective design firms to submit proposals for the design of a standard, low-profile pedestrian and bicycle bridge and enhancements within a total $13 million project budget. The RFP included design of the proposed Adobe Reach Trail connection along the Santa Clara Valley Water District (SCVWD) maintenance road from West Bayshore Road to East Meadow Drive. The RFP identified three separate phases for the design work, which are discussed in greater detail below, under the Negotiations and Scope of Services Refinements section of this report. Table 1 provides a summary of the RFP solicitation process. City of Palo Alto Page 4 Table 1. Solicitation Process Summary Proposal Description/Number Highway 101 Bicycle/Pedestrian Overcrossing Project RFP (Number 162262) Proposed Length of Project Approximately 3 years and 9 months Total Days to Respond to Proposal 49 Pre-proposal Meeting Date N/A Number of Company Attendees at Pre-proposal Meeting N/A Number of Proposals Received: 3 Company Name Location (City, State) Selected for oral interview? Proposal Amount 1. Biggs Cardosa Associates, Inc. San Jose, CA Yes $1,655,175 2. Endrestudio Emeryville, CA Yes $1,240,750 3. NRV Nutt Redfield Valentine Mill Valley, CA Yes $1,232,615 Evaluation of Proposals A total of 44 vendors downloaded the RFP and three proposals were received. An evaluation committee consisting of Public Works Engineering Services Division staff and representatives from the Santa Clara Valley Transportation Authority (VTA), Santa Clara Valley Water District (SCVWD) and Google reviewed the proposals. The three firms that submitted proposals were invited to participate in oral interviews on February 24, 2016. The evaluation committee carefully reviewed each firm's qualifications and submittals. The RFP criteria used to evaluate firms included: quality and completeness of the proposals; quality, performance and effectiveness of solutions; experience with similar scope and complexity; cost; financial stability; ability to perform required services within the project schedule and make strategic decisions; prior record performance; compliance with applicable laws and regulations; and experience with the Caltrans review process. The evaluation committee recommended Biggs Cardosa Associates, Inc. as the top proposer. Biggs Cardosa Associates ranked highest due to their understanding of project goals and needs, experience working on projects with similar scope and complexity, and in-depth knowledge and experience with the Caltrans review process essential for successful project execution and timely completion. City of Palo Alto Page 5 Negotiations and Scope of Services Refinements After the evaluation committee recommended Biggs Cardoza Associates (hereafter, the “Consultant”), staff refined the design scope of services based in part on further discussions with the Consultant. The bridge design work includes three types of design components: 1) baseline project elements, 2) core additional project elements, and 3) optional enhancements. In the attached professional services agreement for design services, these three components are structured in a manner that is intended to meet a $10 million construction budget and $13 million total project budget. The scope of services, Exhibit A of the attached Design Agreement, includes developing the first and second components, standard bridge design with baseline and core additional elements, to final design, and developing the optional enhancements only to 15% design for Council consideration. At the completion of 15% design for the third component, staff will update Council on the design concepts, graphics and estimated construction costs for the optional enhancements. Council will then have the opportunity to select optional enhancements for inclusion in the project, which will require increasing the project budget to provide funding for the selected optional enhancements. The baseline, core additional and optional enhancements are described in greater detail in the Project Elements section of this report, below. The Design Agreement’s scope of services consists of Phase 1 of the three phases outlined in the RFP and further described in, Exhibit A of the Design Agreement, summarized as follows: 1. Phase 1 – Design Development, Caltrans Project Approval and Environmental Document a) Preliminary design and environmental assessments (15% and 35% designs) b) Caltrans approval document (Permit Evaluation and Engineering Report) c) Design development with community input, public artist selection, City approval of Site and Design Review, and City and Caltrans approval of environmental assessments d) Plans, Specifications, and Estimates (PS&E) at 65% Design and Caltrans structure approval 2. Phase 2 – Final Design and PS&E a) PS&E at 90% Design City of Palo Alto Page 6 b) PS&E at 100% Design and Caltrans approval of construction bid documents c) Caltrans encroachment permit, right-of-way certification and maintenance agreements with Caltrans and SCVWD, identification of existing utilities relocation, obtaining easements for the 3600 West Bayshore Road property and SCVWD for the Adobe Creek Reach Trail and required environmental agency permits 3. Phase 3 – Bidding and Construction Support a) Bid phase services b) Construction administration services At this time, staff recommends authorizing Phase 1 services only, for the not-to- exceed amounts shown on Exhibit C to the Design Agreement (Compensation). Subject to the City Council’s further review and consideration upon completion of 35% design under Phase 1, the Design Agreement may be amended to include services under Phase 2 and Phase 3. Project Elements The standard bowstring steel bridge design includes a composite structure with steel trusses and concrete approaches. It will include a painted, prefabricated, steel truss bridge, approximately 165-feet long, clear-spanning Highway 101, with a 60-foot long span over East Bayshore Road, and a 60-foot long span over West Bayshore Road, and concrete structures at the approach ramps. The total bridge width will be 14-feet with a clear walkway width of 12 feet. The 12-foot clear walkway width meets minimum Caltrans guidelines for multi-use trails using a ten-foot center path width and one-foot wide shoulders. See Attachment B for a conceptual bridge alignment and rendering. The bridge will include five-percent slopes with optimum alignment and turning radiuses to improve accessibility and meet bicycle speed limit requirements. A “missile barrier” fence, eight feet high with one-inch square openings, is required over Highway 101. Landscaping and habitat restoration for the east ramp area will reflect the plant palette in the Baylands Master Plan as well as the SCVWD design guidelines for planting along creeks. The standard bridge will be an attractive, bird-friendly, environmentally suitable design with a strict level of structural and seismic performance. The typical bridge design life is 50 years or more. The California Environmental Quality Act (CEQA) documentation consists of an Initial Study/Mitigated Negative Declaration (IS/MND). The National Environmental Policy Act (NEPA) documentation will be prepared in accordance City of Palo Alto Page 7 with Caltrans policies and requirements. Caltrans will perform as the NEPA lead agency role from the Federal Highway Administration (FHWA) under the NEPA Delegation Program. The Consultant will coordinate with public art staff to identify and collaborate with an artist via a separate RFP process, in accordance with the City’s municipal art policy. Public art elements may include design enhancements and will be an integral part of the concept and final plans. Tables 2 and 3 summarize the estimated standard bridge baseline and core elements costs, respectively. Table 2. Baseline Elements and Costs (fee shown for Phases 1-3) Baseline Elements Consultant Fee Construction Cost (Year 2016) 1. Principal span with clear walkway width of 12 feet: Painted prefabricated steel truss roughly 165-feet long clear- spanning Highway 101, roughly 60-feet long spanning East Bayshore Road, and roughly 60-feet long spanning West Bayshore Road. 2. Eastern and Western approaches with clear walkway width of 12 feet: Cast-in- Place concrete ramp bridge structure roughly total 600-feet long spanning the Google parking lot and corner of baylands. Self-weathering prefabricated steel truss roughly 150-feet long spanning Adobe Creek and Barron creek confluence. 3. General civil, landscaping and standard architectural elements such as Caltrans fencing, railings, lighting and wayfinding signage. $1,200,000 $5,517,000 CEQA Documentation $146,140 NEPA Documentation $127,000 City of Palo Alto Page 8 Baseline Elements Consultant Fee Construction Cost (Year 2016) Construction Support $273,345 Total Consultant Cost with 10% Additional Services $1,921,134 Total Construction Cost with 10% mobilization and 20% Contingencies $7,282,440 Table 3. Core Additional Elements and Costs (fee shown for Phases 1-3) Core Additional Elements Consultant Fee Construction Cost (Year 2016) Stair at the western approach ramp $20,000 $200,000 Overlook platform to the eastern approach ramp $40,000 $150,000 Enhanced lighting $50,000 $400,000 Adobe Creek Reach Trail head improvements $15,000 $50,000 Addition of educational signage $5,000 $10,000 Modification of West Bayshore roadway for bike lane and sidewalk improvements $30,000 $270,000 Total Consultant Cost with 10% Additional Services $176,000 Total Construction Cost with 10% mobilization and 20% Contingencies $1,425,600 City of Palo Alto Page 9 Table 4 provides a summary of optional enhancements and associated design fees. The construction cost estimates for these optional enhancements will be provided upon 15% design completion. Table 4. Optional Enhancements and Fees (fee shown for Phase 1) Optional Enhancements Consultant Fee Plaza at terminus of the eastern approach ramp (2,000 sf) $15,000 Enhanced railing (galvanized steel) $15,000 Enhanced amenities $5,000 Modification of principal span and approach structures to have a 16-foot clear width $20,000 Alternative principal span structure for maximum of five (5) structure types $60,000 Total Optional Enhancement Fees with 10% Additional Services $126,500 The total Consultant design fee to complete all three phases including construction support, is $2,021,485 for basic services and a total of $2,223,634, which includes 10% for additional services. The total construction cost estimate with contingency (baseline and core elements) is $8,708,040. Assuming a 3% annual escalation over two years, the total construction cost estimate is $9,238,360 by early 2019. Staff recommends authorizing the current contract for Phase 1 services only (Attachment A) totaling $1,340,270 and $134,027 for additional services, with a total contract not to exceed $1,474,297 for Phase 1 services (Design Agreement, Exhibit C). Design services will be provided for up to 65% design for baseline and core elements and 15% design for optional enhancements (Design Agreement, Exhibit A). Funding Grant Funding and Expected Loss of STIP Funds: City of Palo Alto Page 10 In addition to the City’s allocation of $4.7 million, the project was previously awarded grants totaling $8.35 million to be used for construction, including  $4 million in Santa Clara County Recreation Trails Program funds, awarded to the City in November 2012  $4.35 million in State Transportation Improvement Program (STIP) funds from the One Bay Area Grant (OBAG) Program and the Regional Improvement Program (RIP). However, due to reductions in STIP funding, in January 2016 the California Transportation Commission (CTC) adopted an amended fund estimate. The new estimate projects a $1.5 billion State shortfall in funding for commitments made in the 2014 STIP for fiscal years 2016-17 through 2018-19. Staff was informed at the VTA Technical Advisory Committee (TAC) meeting in early 2016 that the $4.35 million in STIP funds would be recommended for deletion by VTA due to the funding shortfall. On March 22, 2016, the City and Google co-signed a letter (Attachment C) addressed to Metropolitan Transportation Commission (MTC) and CTC, requesting the commissions to continue project funding. MTC subsequently voted to recommend deletion of funds to the CTC. The CTC will take action at its May 18-19 meeting, and staff expects that CTC will approve the removal of the funding. VTA staff is aware of the importance of the $4.35 million in project funding and has committed to replace the deleted STIP funding. Staff received a letter from VTA staff dated April 7, 2016 (Attachment D) stating the project will be given priority for funding in the next OBAG 2 Competitive Complete Streets Program coming this fall. Staff is optimistic that VTA will be successful in replacing the funding and has included NEPA environmental review in the Design Agreement with the expectation that additional federal funds will be allocated to the project. Potential County/Stanford Trails Funds: Stanford and the City submitted a joint $8.5 million grant application in 2012 and Stanford was awarded $4.5 million from the Santa Clara County Recreation Fund established by the County/Stanford Trails Agreement. Stanford has relinquished the $4.5 million grant funding and is building the Stanford perimeter trail with its own funds. This could provide an opportunity to use the $4.5 million for the bridge. Currently, Santa Clara County staff have asked City staff to refrain from City of Palo Alto Page 11 making a formal request for the funds while internal discussions are occurring. Any use of the funds is subject to Santa Clara County Board of Supervisors agreeing to their reallocation. Potential Google Contribution: Following Council direction on December 14, 2015 to work with Google to secure additional funding, staff has continued to discuss a potential contribution from Google representatives. Most recently, Google representatives confirmed Google’s offer to make a $1 million contribution to the project in the attached letter (Attachment F). A contribution from Google could be used to supplement the current $13 million project budget or to offset the City’s current funding allocation. Resource Impact The total design and construction support fee for all three phases is $2,223,634 including a 10% additional services budget. However, the Council is currently being asked to authorize Phase 1 design services only ($1,474,297 - 65% baseline and core, optional enhancements to 15%). Table 5 presents the current project budget. Table 5: Project Budget Spent to date and committed (preliminary design, environmental assessment and the design competition) included in CIP PE-11011 $796,433 Total Spent to Date $796,433 Construction in early 2019 $8,398,360 Construction Contingency (10%) $840,000 Total Construction Cost $9,238,360 Soft Costs Phase 1 Design – baseline and core to 65% , optional enhancements to 15% $1,474,297 Phase 2 and 3 Design and Construction Support $749,337 Construction Management (4%) $369,535 Inspection, Environmental & Testing (3.5%) $327,151 City of Palo Alto Page 12 Infrastructure Plan Program Manager $100,000 Total Soft Costs $3,020,320 Total Project Budget $13,055,113 Funding for this project is included in Capital Improvement Program (CIP) Project (PE-11011) – Highway 101 Pedestrian/Bicycle Overpass Project. Policy Implications The project is consistent with the Comprehensive Plan goals, policies and programs. Goal T-3 Facilities, services and programs that encourage and promote walking and bicycling. Goal T-14 Improve pedestrian and bicycle access to and between local destinations, including public facilities, schools, parks, open space, employment districts, shopping centers, and multi- model transit stations. Timeline Schedule and milestones:  Consultant Award of Contract – May 2016  Phase 1:  Phase 1 services and design - May 2016  Complete 15% design - Summer 2016  Complete 35% design and public review meetings - Fall 2017  Complete California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA)/public review –Winter 2017  Complete 65% Design – Winter 2017  Phase 2:  Authorize Phase 2 and Phase 3 Services – Fall 2017  Right of way certification and complete 90%-100% design and construction bid documents, obtain permits, and Caltrans approval – Fall 2018  OBAG Cycle 2 access to funding – October, 2018  Phase 3: City of Palo Alto Page 13  Begin construction, construction administration - early 2019  Complete construction – early Spring 2020 The proposed project schedule presented to Council in December of 2015 included beginning construction in early 2018 to meet a federal grant deadline of November 1, 2017. That preliminary schedule included “design risk” with preliminary design and environmental phases accelerating faster than the Caltrans review and comment process, thus leading to multiple revisions and some redesign. However, staff has revised the schedule to eliminate the “design- at-risk” component and provide the standard Caltrans time periods for review of design and environmental documents, resulting in construction being pushed out almost one year to January 2019. Attachment E provides a detailed schedule flowchart. The new schedule aligns with the expected OBAG Cycle 2 funding, under which construction funds will not be available until November 2018. Environmental Review Award of the Design Agreement is not a project under CEQA or NEPA. CEQA review will be carried out prior to the issuance of entitlements for the Highway 101 Pedestrian/Bicycle Overpass project. Pursuant to CEQA requirements, a draft IS/MND and a Mitigation Monitoring Program will be prepared and circulated before issuance of entitlements. The project includes federal funding, thus a separate NEPA categorical exclusion clearance process will be undertaken. It is anticipated the project will not result in significant impacts. Attachments Attachment A – Design Agreement Attachment B – Conceptual Bridge Alignment and Rendering Attachment C – March 22, 2016, letter to MTC and CTC Attachment D – April 7, 2016 letter from VTA staff Attachment E – Detailed Project Schedule Attachment F – May 6, 2016 letter from Google Attachments:  A- Biggs Cardosa Associates Inc. Contract (PDF)  B - Baseline Bowstring Bridge (PDF)  C - Palo Alto and Google letter to MTC and CTC on STIP funding 22Mar2016 (PDF)  D - VTA letter dated April 7, 2016 (PDF)  E - Schedule Flowchart (PDF) City of Palo Alto Page 14  F - Google Letter (PDF) Professional Services Rev. March 31, 2015 CITY OF PALO ALTO CONTRACT NO. C16162262 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND BIGGS CARDOSA ASSOCIATES, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 23rd day of May, 2016, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BIGGS CARDOSA ASSOCIATES, INC., a California, located at 865 The Alameda, San Jose, CA 95126 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to build a year-round, grade separated, shared bicycle and pedestrian crossing (“Project”) and City desires to engage a consultant to provide Phase 1 design services for the Project, including environmental assessment and coordination, and engineering, landscape and architectural design services for a low profile standard pedestrian and bicycle bridge with optional enhancements; and if later approved by the City Council, this Agreement will be amended to include Phase 2 and Phase 3 services, which include preparation of final bid documents and bidding for Phase 2 services, and construction administration services for Phase 3 services, all in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. However, unless or until the City Council approves amendment(s) to this Agreement to include Phase 2 and Phase 3, this Agreement applies only to Phase 1 services, and all references to “Services” will be construed to apply only to Phase 1 services. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. Optional On-Call Provision (This provision only applies if checked and only applies to on- call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached at Exhibit “B” unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed One Million three hundred forty thousand two hundred seventy dollars ($1,340,270.00). In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed One million four hundred seventy four thousand two hundred ninety seven Dollars ($1,474,297.00). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C- 1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: 1. BKF Engineers – Civil, survey, traffic, drainage, utility and Right-of-Way Engineering DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 2. FMG Architects – Bridge architecture, aesthetics, lightning and graphics 3. Callander Associates – Landscape architecture, restoration and way finding 4. Parikh Consultants – Geotechnical engineering, materials testing and corrosivity 5. Y&C Transportation – Electrical engineering and lightning 6. Schaaf & Wheeler – Hydraulic & Hydrologic Engineering 7. CM Carlson Management – Constructability and cost verification 8. DJ Powers – Environmental assessment and coordination CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Anthony Notaro as the Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and Roy Schnabel as the project Director to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. CITY’s project manager is Elizabeth Ames, Public Works Department, Engineering Division, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone:650-329-2502. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon receipt of final payment, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. The CITY assumes all responsibility for the use of the work product outside of its original intent. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. [Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. In accordance with Section 2782.8 of the State of California Civil Code, the duty to indemnify, including the cost to defend is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct caused by CONSULTANT, and only to the extent caused by CONSULTANT. [Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 18, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements: • All printed materials provided by CCONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks. • Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office. • Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 25.1. This Agreement will be governed by the laws of the State of California. 25.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 CITY OF PALO ALTO ____________________________ City Manager (Required on contracts over $85,000) APPROVED AS TO FORM: __________________________ Senior Deputy City Attorney (Required on Contracts over $25,000) BIGGS CARDOSA ASSOCIATES, INC. By:___________________________ Name:_________________________ Title:________________________ Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: HOURLY RATE SCHEDULE EXHIBIT “D”: INSURANCE REQUIREMENTS DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Principal Roy Schnabel Professional Services Rev. March 31, 2015 EXHIBIT “A” SCOPE OF SERVICES PROJECT DESCRIPTION The City of Palo Alto (City) plans to build a year-round, grade-separated, shared bicycle and pedestrian crossing over U.S. Highway 101 and Adobe Creek in Palo Alto, CA. The Highway 101 Pedestrian and Bicycle Overcrossing Project (Project) will improve connectivity to the Palo Alto Baylands Nature Preserve, East Bayshore Road businesses, and regional San Francisco Bay Trail network from residential neighborhoods and employment districts in southern Palo Alto. The construction budget for the project is $10 million inclusive of construction contingencies, with a total project budget of $13 million. The project shall include design of a low-profile standard pedestrian and bicycle overcrossing with basic bridge elements and enhancements as feasible to meet the total project budget of $13 million. SCOPE OF SERVICES The Consultant shall provide environmental assessment and engineering, landscape and architectural design services for a low-profile standard pedestrian and bicycle bridge for approval by the City, Caltrans, and other applicable agencies. Environmental documentation shall be prepared under both National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). Potential art elements shall be included as an integral part of the design concept and final design. Final design, bidding and construction support services may also be provided by the Consultant, however, these services are not included in this Contract and City reserves the right to amend the Contract as necessary and authorize these services or to issue a new solicitation for these services after completion of the preliminary design. This scope of work consists of the following baseline project elements, core additional project elements, and optional enhancements to meet the project budget goals. Consultant’s fee includes development of the baseline and core additional project elements from preliminary to final design phases and development of optional enhancements to 15% design level only. After the 15% design review, the City will provide direction to the Consultant if any of the optional enhancements should be included for design beyond 15% design level. Design development at and beyond 35% design level shall include baseline project elements, core additional project elements, and optional enhancements (if selected and as authorized by the City after 15% design reviews). A. Baseline Project Elements The baseline project elements include the following: 1. Element #1 – Principal spans with clear walkway width of 12’-0”: Painted prefabricated steel truss roughly 165-feet long clear spanning Highway 101, roughly 60-feet long spanning East Bayshore Road, and roughly 60-feet long spanning West Bayshore Road. 2. Element #2 – Western Approach with clear walkway width of 12’-0”: Cast-in-Place concrete ramp bridge structure roughly 250-feet long spanning the Google parking lot and self-weathering prefabricated steel truss roughly 150-feet long spanning Adobe Creek. 3. Element #3 – Eastern Approach with clear walkway width of 12’-0”: Cast-in-Place concrete ramp bridge structure roughly 350-feet long spanning the corner of the Palo Alto Baylands. DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 4. General civil, landscape and architectural elements include: • No roadway improvements work. • Landscaping limited to restoration of areas disturbed by construction. • Standard architectural elements with standard colors, textures and finishes. • Standard Caltrans fencing, railings and lighting. • Signage limited to standard wayfinding signage within the limits of construction. • Art prepared by the City’s art consultant shall be accommodated into the project. Work is limited to providing locations to accommodate independent art elements (such as panels or free standing monoliths) that can be installed by a separate specialty contractor. B. Core Additional Project Elements The core additional project elements include the following: 1. Addition of a stair structure at the Western Approach Ramp Bridge Structure. 2. Addition of an overlook platform to the Eastern Approach Ramp Bridge Structure. 3. Addition of enhanced lighting design throughout the bridge structures. 4. Addition of trail heads at the proposed Adobe Creek Reach Trail along Adobe Creek between West Bayshore Road and East Meadow Drive. Trail head design shall include simple concrete connections to the adjoining streets/sidewalks (no formal plazas), associated pavement delineation and street signage. The trail shall utilize the existing Santa Clara Valley Water District (SCVWD) maintenance road along Adobe Creek (maintaining the existing aggregate base surfacing) and shall include installation of safety railing along Adobe Creek Reach Trail (as allowed by the SCVWD). 5. Addition of instructional and educational signage within the project limits. Work is limited to providing locations to accommodate independent signage (such as panels along the bridge railing) that can be installed by a separate specialty contractor. 6. Modification of the existing section at West Bayshore Road to accommodate bike lane and sidewalk. C. Optional Enhancements The optional enhancements development to the 15% design level includes the following: 1. Addition of a 2000 square-foot at-grade plaza at the terminus of the Eastern approach ramp structure with the San Francisco Bay Trail. 2. Addition of enhanced railing design throughout the bridge structures beyond readily available City/Caltrans railing designs. (Assumes the use of galvanized steel components and hardware). 3. Addition of enhanced amenities package (benches, bike racks, trash receptacles, etc.) beyond readily available City/Caltrans standard amenities. (Assumes amenities will be reviewed and selected from the existing available manufacturer components). Custom designed components are not included. 4. Modification of principal span structures, West approach structures, and East approach structures to have a clear width of 16-feet (rather than 12-feet). 5. Alternative principal span structure type review including structure type selection description, anticipated costs and conceptual graphics. Limited to a maximum of five (5) structure types through 15% design level and narrowed to one preferred structure type after meeting with the City Council. Only the preferred structure type will be developed beyond DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 15% PS&E level. (Structure types are assumed to be variations on the prefabricated bowstring truss included in the project baseline such as standard truss, box truss, Virendeel truss, etc. Alternatives review is limited to the principal span structures crossing Highway 101/Bayshore Road.) The design evaluation and selection of elements and enhancements will define the environmental assessment scope of work. Environmental assessment and coordination includes: • CEQA Documentation to consist of an Initial Study/Mitigated Negative Declaration (IS/MND). CEQA work consists of review and revision of technical studies and CEQA documentation previously prepared by the City to meet current baseline and core additional project elements and optional enhancements upon direction by City after 15% design. • NEPA compliance pursuant to the policies and requirements of Caltrans, which has assumed the NEPA Lead Agency role from the Federal Highway Administration (FHWA) under the NEPA Delegation Program. All NEPA documents prepared for Caltrans are required to comply with the procedures outlined in Caltrans’ Standard Environmental Reference (SER). The Consultant shall assume Caltrans Permit Engineering Evaluation Report (PEER) process as the appropriate Project Approval document for the project. The work furnished by the Consultant shall be prepared in accordance with the current City and Caltrans regulations, policies, procedures, manuals and standards, including compliance with FHWA requirements. The Consultant shall provide professional services in three phases, but only to the extent that each of the following Phases is authorized by the City Council: 1. Phase 1 – Design Development and Caltrans Project Approval and Environmental Document (PA&ED) 2. Phase 2 – Final Design and Plans, Specifications and Estimate (PS&E) 3. Phase 3 – Bidding and Construction Support Phases 2 and 3 are future design and bidding and construction support services, which are not part of this Contract and represent a scope of work to complete the project. The City may amend the scope of services as necessary and authorize Phase 2 and Phase 3 services upon completion of 35% design and upon Council direction. PHASE 1 – DESIGN DEVELOPMENT AND CALTRANS PA&ED Task 1: Preliminary Design 1.1 Phase 1 Project Management The Consultant shall provide project management and administration services including monitoring subconsultants’ activities, coordinating with City staff and subconsultants, implementing quality control and quality assurance procedures, submitting monthly invoices and progress reports, preparing and maintaining project schedule, and developing a work plan to ensure the project remains within budget and on schedule. 1.2 Phase 1 Project Meetings The Consultant shall conduct one (1) kick-off meeting with City staff to review and refine scope DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 of work, work plan, and schedule. Identify critical milestones and establish communications protocol. The Consultant shall attend up to six (6) in-person Project Development Team meetings with Caltrans, and up to 14 (six (6) in-person and eight (8) teleconferences) progress and coordination meetings with City staff, key stakeholders, or other agencies. Prepare and submit agenda, pertinent materials and meeting minutes for each meeting for City staff reviews. 1.3 Data Collection and Review and Site Visits The Consultant shall review available data and information provided by the City, Caltrans, and other agencies. Conduct up to three (3) site visits to review existing conditions and identify constraints that may affect the proposed design. Provide field notes, representative photos, and field measurements. Available data/information includes, but is not limited to the following: • Previous studies, reports and/or documents related to the project • Community input on schematic designs received during Design Competition • Design guidelines and City’s preferred project footprint and bridge alignment • As-built plans • Environmental studies and documents • Utility information • Aerial photos and digitized topography • Survey control data • Right-of-Way (R/W) information 1.4 Survey/Mapping and Potholing The Consultant shall conduct field surveying to gather supplemental site topography information. Provide all equipment, photographs, documentation, and services for surveying. Activities under this task include, but are not limited to: • Prepare a detailed scope for field survey and provide scope for City’s review • Coordinate with the utility companies in accordance with City requirements for potholing and potholing survey. Provide recommendations for locations and depth of potholing surveys. No potholing shall be performed in the Caltrans R/W • Provide a traffic handling plan for work on local streets. • Conduct required surveys and update topographic surveys within the project area • Perform Landnet Mapping of R/W and property lines mapping within the project area. • Prepare a Right-of-Way Requirement Report for review by Caltrans and the City • Compile all survey data in an AutoCAD base map • City to provide benchmarks and controls used for the existing aerial mapping 1.5 Utility and Agency Coordination The Consultant shall coordinate with the affected utility companies and property owners (Caltrans, Pacific Gas and Electric Company (PG&E), Santa Clara Valley Water District (SCVWD), tele-communication companies, etc.) to make preliminary determination of ownership rights and relocation cost liabilities, and other requirements. Prepare an existing utility base map in AutoCAD format within the Project area. Identify potential high risk utility impacts and encroachments in the Caltrans R/W and prepare a Longitudinal Utility Encroachment Exception (LUEE) Report for Caltrans approval. 1.6 Public Outreach The Consultant shall attend and provide support to City staff in public outreach and community meetings to obtain input on the proposed design. Provide all necessary meeting materials including graphics, presentation slides, handouts, drawings, graphic boards, etc. for each DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 meeting, as appropriate. Conduct a “pre-meeting planning session” with the City via teleconference before each meeting to review meeting materials. Provide minutes for all meetings. The following public meetings are anticipated prior to and during the City’s Site and Design Review: • Stakeholder Meeting: Following the 15% design (Task 1.7), the consultant shall attend up to three (3) initial stakeholder meetings to obtain initial input on design. • Environmental Public Hearing: Provide technical support and conduct public hearing for compliance with environmental regulations. Participate in up to two (2) “pre-meeting planning sessions” and up to two (2) interagency field meetings prior to public hearing. • Community Open House: The Consultant shall organize and conduct one (1) community open house to present the proposed design at 15% design level. • Commission Meetings: The Consultant shall attend and make presentations in up to a total of ten (10) Design Review Committee, Board, Commission, or Council meetings. These meetings shall be planned during the 15% and 35% design development. 1.7 Design Concept and Preliminary Geometric Plans (15%) The Consultant shall develop 15% design plans (design concept and graphics with all baseline project elements, core additional project elements and optional enhancements) in accordance with all applicable design standards and guidelines. Features to include, but are not limited to: • Embankments, retaining walls, supports, main span and approach structure geometrics • Geometric alignment and clearances • Preliminary pedestrian and bicycle fencing, railings, and lighting concepts. • Utilities, property lines, environmentally restricted areas • Landscape conceptual plans for at-grade improvements. • Adobe Creek Reach Trail heads at West Bayshore and East Meadow • Development of a final design concept in compliance with the $10 million total construction budget (baseline project elements plus core additional project elements) • Third-party constructability and cost verification review to verify design assumptions and budget • Principal span structure selection matrix including structure type, anticipated costs, key constraints and conceptual graphics. The Consultant shall meet with the City to present principal span structure selection matrix, discuss pros and cons of each alternative and obtain City Council direction for preferred design for design development beyond 15% level. Provide five (5) draft 15% design documents for City’s review. Incorporate City’s comments and submit final 15% design documents. Provide one (1) final Design Concept Statement incorporating all comments and recommending a final design concept with core additional project elements and optional enhancements for City’s review. 1.8 Environmental Support and Reports 1.8.1 Environmental Assessment and CEQA Compliance: The Consultant shall provide CEQA Documentation consisting of an Initial Study/Mitigated Negative Declaration (IS/MND). The CEQA work is limited to review and revision of technical studies and CEQA documentation previously prepared by the City to meet current baseline project elements, core additional project elements, and optional enhancements selected by the City. Any significant impacts due to the inclusion of the optional enhancements are not included DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 in the Consultant’s fee estimate. The CEQA Documentation assumes: • The City will be the Lead Agency under CEQA and the level of CEQA review will be an IS/MND. • Only one build alternative will be evaluated in the IS/MND • The project will be designed to avoid “take” of the endangered Salt Marsh Harvest Mouse • The project will not impact riparian vegetation • Construction of the project will not involve work within or below the top-of-banks of Barron Creek or Adobe Creek. Therefore, permits will not be required from the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), or California Department of Fish & Wildlife (CDFW) • All partially- and fully-completed environmental studies that were prepared for the previous phase of the Project will be made available to the Consultant at the initiation of the project. The Consultant shall prepare an IS/MND in compliance with CEQA. The primary sections of the IS shall consist of description of the project, environmental setting, and project’s environmental impacts, including mitigation where applicable. The impacts section shall include the standard environmental checklist used by the City in its CEQA documents. The project description section of the IS shall include graphics, as appropriate, to depict the location, footprint, and characteristics of the Project. The Consultant shall submit five (5) hard copies and one electronic copy of the administrative draft IS to the City for review. The IS shall be revised based on City’s comments and an electronic screen check version shall be provided to the City for final review/approval. Upon approval, the Consultant shall make 50 hard copies of the IS/MND (with appendices on a CD inside the back cover). The Consultant shall also complete the CEQA Notice of Completion form and send 15 copies of the IS/MND to the State Clearinghouse. Mailing and distribution of the IS/MND to the public and non-State agencies will be undertaken by City staff. The City will be responsible for the preparation and publication of public/newspaper notices. This scope of work assumes up to 40 hours of Consultant project management time to assist the City in preparing responses to comments on the IS/MND. Upon adoption of the MND and project approval, the Consultant shall prepare and file the CEQA Notice of Determination (NOD) with the Santa Clara County Clerk-Recorder on behalf of the City. The Consultant shall pay the $2,260.25 NOD filing fee. 1.8.2 Environmental Studies and Coordination: A. Biological Resources Report – The Consultant shall conduct an updated search of the California Natural Diversity Database (CNDDB) and conduct a quick reconnaissance visit to the site to determine whether any changes have occurred in site conditions or in information regarding the distribution of special-status species on or in the vicinity of the site since the preparation of a Natural Environment Study for the project in 2014. The Consultant shall review the updated plans for the Project and prepare a biological resources report that describes existing biological conditions, including special-status species with the potential to occur on the site and any potentially sensitive/regulated habitats that occur on the site. The report shall describe potential impacts to existing biological resources, and any conceptual mitigation measures necessary to mitigate potentially significant impacts to less-than-significant levels. Graphics to DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 be prepared include site/vicinity, biotic habitat, impact, and CNDDB maps. The Consultant shall draw heavily from the previous documents that were prepared for this Project, but the quantification of impacts shall be revised. It is assumed that the new design may incorporate design elements that are different from the previous alternatives that were analyzed and that could impact biological resources in ways not previously analyzed; this may necessitate additional research and analysis. B. Construction-Related Toxic Air Contaminants Risk Assessment Report - To address the community risk from emissions that will occur during the construction phase of the project, the Consultant shall complete a screening level modeling using the EPA’s ISCST3 model to predict cancer risk and PM2.5 exposure at adjacent properties. If significant impacts are identified, based on the technical analysis, mitigation measures shall be identified. C. Visual Impact Assessment Report - The Consultant shall prepare a Visual Impact Assessment (VIA) that will evaluate the visual and aesthetic effects of the proposed Project. In 2014, a VIA was prepared for this project but the alternatives evaluated were different from the design now being considered. However, much of the baseline information contained in the 2014 VIA is still valid, therefore the 2014 VIA shall be utilized to the full extent applicable in the preparation of the revised VIA. The VIA shall contain three photo simulations of the overcrossing, one from each of the previously-identified primary view sheds. D. Other Technical Reports – The Consultant should assume that some of the other technical reports and information that are relevant for this project have previously been completed as part of the work on the previous phase of the project and that such reports are adequate for use in the current IS/MND. These include the cultural resources assessments, initial site assessment for hazardous materials, and the paleontological identification report. Additional design studies and reports are outlined in Task 1.9 – Design Studies and reports. E. Endangered Species Act Coordination – The City’s previous environmental consultant prepared a Biological Assessment describing potential effects of the project on the state and federally endangered salt marsh harvest mouse, and meetings with the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) were conducted regarding the project’s potential effects on this species. The project design under this Contract is intended to completely avoid impacts to this species, and the Consultant shall identify any additional avoidance measures necessary to ensure that take does not occur. However, because the USFWS and CDFW were previously consulted regarding this project, the Consultant shall coordinate with these agencies to obtain their concurrence that the project will not result in take of the harvest mouse and/or to obtain input on any additional measures necessary to avoid take of this species. This coordination may include providing the CEQA biological resources report to these agencies and participating in meetings, site visits, and/or conference calls with agency representatives. 1.8.3 Environmental Assessment and NEPA Compliance: Based on direction provided by Caltrans during an earlier phase of the project, it is anticipated that work under this task would include the following: • Section 7 Endangered Species Act consultation and coordination with the USFWS • Preparation of documentation to support a NEPA Categorical Exclusion • Revisions to previous versions of the following technical studies to delete the alternatives no longer under consideration and to add the current alternative. The Caltrans process typically involves multiple review and revision cycles for these reports: DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015  Historic Property Survey Report  Archaeological Survey Report  Location Hydraulic Study  Traffic Analysis  Stormwater Data Report  Water Quality Report  Paleontological Identification Report  Natural Environment Study  Biological Assessment  Initial Site Assessment It is assumed that Caltrans will not require the preparation of an Environmental Assessment/Finding of No Significant Impact (EA/FONSI). 1.9 Design Studies and Reports The Consultant shall prepare/update the following reports in accordance with Caltrans guidelines. Assume up to two (2) rounds of comments by Caltrans and the City. • Storm Water Data Report (SWDR) - The SWDR shall include project impacts on water quality, minimization measures, recommended best management practices (BMPs), erosion control measures, and a preliminary hydro-modification assessment to determine the magnitude of the impacts and the need for minimization. • Soil Management and Health & Safety (H&S) Plan - Prepare a Soil Management and H&S Plan for reviews and approval by the City and Caltrans. • Soil Borings and Foundation Reports - Review the Preliminary Foundation Report (PFR) approved by Caltrans for the Project. Prepare a draft and a final geotechnical report for review and approval by the City and Caltrans. Caltrans may require Consultant to perform additional field explorations and laboratory testing. A CEQA Exemption shall be filed with the City and County prior to conducting the field exploration program. Field explorations shall be performed under the direction of a registered geotechnical engineer or geologist in the State of California. Maintain a soil log and perform visual examination of the collected soils. Perform borings and testing (estimated up to twelve locations and up to 120 feet deep). The total number of explorations (12 assumed) can be shared between drilled borings and cone penetrometer tests. A foundation report will be prepared in accordance with Caltrans standards. More detailed scope and estimate shall be provided upon City’s request. • Location Hydraulic Study (LHS) – Review Draft LHS previously prepared by the environmental consultant. Evaluate potential changes in floodplain hydraulics, perform a floodplain risk assessment, and recommend potential mitigation measures. Submit the revised LHS for review by the City and Caltrans. Submit final LHS for Caltrans approval. • Transportation Management Plan (TMP) - Prepare a TMP Data Sheet and staging concept display. Provide all supporting documents for Caltrans review and confirm traffic management strategies, traffic detours, lane closures, etc. • Constructability and Cost Verification (CCV) – Consultant shall hire a third-party with expertise in bridge design and construction to perform a CCV after 15% and 35% design for potential cost reductions, evaluation of the bridge structure and enhancements (baseline elements, core additional elements and optional enhancements) and ways to produce a high quality and more efficient design. The evaluation shall include a constructability review and also identify cost reductions to remain under a $3 million DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 construction estimate within the State R/W. The findings and recommendations shall be documented in a draft memorandum for City and Consultant review and input. The third- party shall finalize memorandum based on City’s comments. 1.10 Design Exceptions The Consultant shall review geometrics of the proposed facility for nonstandard features and prepare Fact Sheets for Exceptions for Caltrans review and approval. Develop data, exhibits, and preliminary details as necessary to obtain Caltrans approval. 1.11 Right-of-Way Data Sheets The Consultant shall prepare and submit Caltrans Right-of-Way Data Sheets in accordance with Caltrans, City and SCVWD guidelines. 1.12 Preliminary Plans (35%) The Consultant shall refine the 15% concept designs and prepare preliminary design plans (35%) based on community and City input showing architectural and civil plans, structure elevations, sections, layouts, benches, artwork, lighting, and fence/railing elements, horizontal control lines, vertical profiles and super-elevations, grading and drainage, structure location and wall limits, utility impacts, and R/W/construction easement impacts. Refine the following major project elements and submit the preliminary design for City’s Site and Design and Caltrans reviews: • Main bridge span over Highway 101 and approach structures • Connecting bike trails along Adobe Creek to the San Francisco Bay Trail • Pedestrian/bicyclist access along West Bayshore Road to the bridge ramp landing • Core additional project elements • Optional enhancements (as authorized by the City after 15% design reviews) with associated cost and benefits 1.13 Bridge Structure Type Selection Study (35%) The Consultant shall analyze bridge structure type selection before extensive structural design work is performed. Develop Bridge Type Selection Report in accordance with Caltrans guidelines. Include a Bridge General Plan, Bridge Site Data Submittal, Foundation Plan, Construction Cost Estimate and Type Selection Memo. This work shall be developed using Section 10, “Type Selection,” of the Caltrans Bridge Design Aids, and Section 1-29, “Type Selection Review Meeting,” of the Caltrans Bridge Memo to Designers. Submit the Type Selection Report for Caltrans review, and present the proposed structure to Caltrans at a Bridge Type Selection Meeting in Sacramento, CA. Conduct one (1) “pre-meeting planning session” teleconference with the City. The Consultant shall conduct an independent Type Selection Meeting with the SCVWD to solicit comments on the design development. Finalize Type Selection Report based on input received in the meeting. 1.14 Preliminary Cost Estimates The Consultant shall prepare a preliminary construction cost estimate for the project in accordance with Caltrans guidelines including Caltrans Bridge Memo to Designers 1-8 and Section 11 of the Caltrans Bridge Design Aids. Use Caltrans APS Cost Estimate form for bridge items. Task 2: Caltrans Approval Document 2.1 Project Approval Document The Consultant shall prepare a Permit Evaluation and Engineering Report (PEER) per Caltrans guidelines to retain the PEER/Encroachment Permit. Include cost estimates showing construction value of Project improvements within Caltrans R/W. Submit PEER for City and Caltrans review DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 and approval. Task 3 – Plans, Specifications and Estimates (PS&E) (65%) 3.1 Architectural/ Landscape Architectural Design The Consultant shall develop preliminary architectural and landscape architectural design to 65% completion. Ensure that the 65% preliminary architectural and landscape architectural design is consistent with the design developed at 15% and 35% PS&E levels. The design elements shall be consistent with the baseline and core additional project elements and optional enhancements (as authorized by the City after 15% design reviews). Anticipated architectural and landscape architectural design drawings include but are not limited to: • Architectural Site Plan • Architectural Features • Landscape Architectural/ Revegetation Features • Lighting Plan and Details • Pedestrian and Bicycle Railing Details • Surface Treatments and Amenities • Art Element - Work with City’s Art Consultant to identify opportunities to integrate art elements into modules/panels established in the design • Adobe Creek Reach Trail signage, details and plans within the defined project limits • Project specifications, special provisions and estimates 3.2 Civil Design The Consultant shall develop civil improvement design to 65% completion. Anticipated civil design drawings include but are not limited to: • Bridge, Road and Trail Alignment Plans • Demolition and Grading Plans • Profiles and Civil Details • Typical Sections • Right-of-Way Plans • Utility Plans and Profiles • Drainage Plans and SWPPP Details • Stage Construction Drawings and Traffic Handling Plans • Construction Area Signage • Road and Trail Signage and Pavement Marking Plans within the defined project limits • Project specifications, special provisions and estimates 3.3 Structural Design Upon Caltrans approval of Bridge Type Selection at 35% design level, the Consultant shall conduct structural analysis and prepare 65% structural drawings. Anticipated structural design drawings include, but are not limited to: • General Plan • Structure Plan • Deck Contours • Foundation Plan • Construction Sequence • Abutment Layout and Details • Retaining Wall Layout and Details DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 • Bent Layout and Details • Typical Sections • Girder Layout and Details • Approach Ramp Details • Log of Test Borings • Project specifications, special provisions and estimates The work shall also be performed in accordance with the most current California bridge practices and the following bridge design codes and manuals: • City of Palo Alto CAD Drafting Standards, General Provisions and Specifications • Caltrans Standard Plans and Specifications • Caltrans Bridge Design and Detailing Manuals • American Association of State Highway and Transportation Officials Load and Resistance Factor Design (AASHTO LRFD) Bridge Design Specifications • California Amendments to the AASHTO LRFD Bridge Design Specifications • AASHTO LRFD Guide Specifications for the Design of Pedestrian Bridges • Caltrans Seismic Design Criteria 3.4 Project Specifications and Special Provisions The Consultant shall prepare technical specifications and special provisions for all bid items including bid alternates. Documents shall be developed in accordance with federal, state and local requirements in all subsequent final design tasks. General conditions shall follow the City and Caltrans requirements. The Consultant shall prepare special provisions based on Caltrans Standard Special Provisions, Caltrans Standard Specifications, and City construction contract standards. Special provisions shall follow the current format of the Caltrans Standard Specifications and Standard Special Provisions (SSP’s). Bid additive alternates shall be identified as design enhancements. 3.5 Cost Estimate Prepare an engineer’s estimate of probable construction cost for 65% design using both Caltrans and Consultants professional experience. Estimate shall include construction costs that reflect current market conditions, the bid items, utility relocation costs, environmental mitigation costs, contingencies and construction administration costs. 3.6 65% PS&E Submittal The Consultant shall submit the 65% PS&E package for City and Caltrans review, including: • Full Size 65% Plans (22x34) – five (5) sets • Special Provision and Technical Specifications – five (5) sets • Structural Design Calculations – five (5) sets • Quantities and Cost Estimate – two (2) sets The deliverables listed above shall also be provided in electronic format. Additional copies shall be provided to Caltrans Office of Specially Funded Projects (OSFP) in accordance with Caltrans OSFP Manual Guidelines. Two half-size sets of the 65% PS&E shall be submitted to SCVWD for review. PHASE 2 – FINAL DESIGN AND PS&E This is a future phase. The City intends to authorize the services under Phase 2 upon completion of 35% design. The Consultant shall complete the 90% and 100% PS&E design for DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 the project. The goal of this phase shall be to strive to limit construction cost within Caltrans’ R/W to $3 million or less to preserve the opportunity to gain approval of the project through the PEER process. • All plans shall include City’s standard border and shall follow Caltrans format. • The Consultant is fully responsible for the accuracy and completeness of the plans and related PS&E. City reviews shall not transfer the responsibility for the accuracy, completeness, or details with which such designs are depicted on the plans. • The title sheet for the specifications and each sheet of the plans shall bear the professional seal, certificate number, registration and classification, expiration date, and signature of the professional engineer responsible for its preparation. Task 4 – Phase 2 Project Management and Coordination 4.1 Phase 2 Project Management The Consultant shall provide project management and administration services including monitoring subconsultants’ activities, coordinating with the City and subconsultants, implementing quality control and quality assurance procedures, submitting monthly invoices and progress reports, preparing and maintaining project schedule, and developing a work plan to ensure the project remains within budget and on schedule. 4.2 Phase 2 Project Meetings The Consultant shall attend up to six (6) in-person Project Development Team meetings with Caltrans, and up to 14 progress and coordination meetings with City staff and key stakeholders. Prepare and submit agenda and meeting minutes for each meeting for City staff reviews. 4.3 Phase 2 Utility and Agency Coordination The Consultant shall coordinate with the affected utility companies (Caltrans, PG&E, SCVWD, telecommunication companies and property owners) to assist them in developing relocation plans (to be prepared by the individual facility owners) and permits/agreements. The Consultant shall prepare a utility base map including relocation information received from the utility companies. Prepare and submit Caltrans letters to the affected utility owners and assist City with finalizing agreements and permits to construct with each affected utility. Consultant shall attend up to six (6) utility coordination meetings. 4.4 Right-of-Way Services The Consultant shall utilize a Caltrans certified R/W agent to perform engineering and acquisition services to assist the City in obtaining ownership in fee of property necessary to construct the improvements, and to obtain rights of entry or temporary construction easements as might be required. Potential acquisitions include: 1) Private property at 2501 West Bayshore Road on the west of Route 101; 2) SCVWD aerial and access easements / agreements over Adobe Creek and the confluence of Adobe and Barron Creeks and Adobe Creek Reach Trail; 3) PG&E 30-inch gas main and temporary easements; 4) Caltrans aerial and access easement over Highway 101. The Consultant shall acquire preliminary title reports for four parcels along with record mapping from the Santa Clara County, SCVWD, PG&E and Caltrans. Delineate right-of-way and property lines in the areas of acquisition. The Consultant shall also provide title reports, appraisal sketches showing property lines and proposed acquisition over aerial photos. Prepare four (4) descriptions with accompanying plats for permanent acquisition and four (4) descriptions with accompanying plats for temporary acquisitions. DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 During boundary surveys, any conflicts or alternate evidence may trigger the need to file a record of survey map. Should such a conflict or evidence occur, work shall be immediately stopped and the project team shall be notified. Work shall continue when an agreement has been reached on path forward and additional budget for a record of survey map has been secured. Task 5 - Final PS&E (90% and 100%) 5.1 Landscape Plans The Consultant shall develop landscape plans in accordance with the landscape concept approved in Phase 1. Landscape items include, but are not limited to: • Signage, planting and irrigation plans for landings, plazas, and approach areas • Planting and irrigation plans for bio-swales and similar storm water management techniques 5.2 Lighting Plans The Consultant shall develop lighting design in accordance with the lighting concept approved in Phase 1. Prepare lighting plans, elevations, fixture schedules, luminaire cut sheets, control plans, mounting details, and specifications for conceptual lighting plan. Photometric calculations shall be provided for both functional and aesthetic lighting of the bridge. 5.3 Architectural Plans Upon approval of the 65% architectural design, the Consultant shall develop architectural plans to 90% completion. Incorporate City and Caltrans comments to prepare final (100%) architectural plans. 5.4 Erosion Control and Construction Phase BMP’s A Storm Water Pollution Prevention Plan (SWPPP) for the project shall be prepared in compliance with the National Pollutant Discharge Elimination System (NPDES) regulations in effect at the notice to proceed. The SWPPP shall be used to obtain construction permitting by the contractor during construction. 5.5 Permanent BMP’s A Final Water Quality Technical (WQT) Report shall be prepared to address the permanent BMP’s to protect water quality after completion of construction. The WQT Report shall include a map showing the locations and types of Low Impact Development, Structural Source Control, Treatment Control, and Hydromodification Control (if applicable) BMP’s for the project. Such BMP’s shall be shown on construction plans. In addition, prepare an Inspection, Operation, and Maintenance Plan. 5.6 Bridge Independent Check As required by the Caltrans OSFP, an independent check of the bridge design and drawings shall be performed. The independent check shall be performed by an engineer who was not involved in the design of the bridge. The independent check shall be performed for 65% and subsequent design phases. 5.7 Civil Plans Upon approval of the 65% civil design, the Consultant shall develop civil plans to 90% completion. Incorporate City and Caltrans comments to prepare final (100%) civil plans. 5.8 Structural Plans Upon approval of the 65% structural design, the Consultant shall develop structural plans to 90% completion. Incorporate City and Caltrans comments to prepare final (100%) structural plans. DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 5.9 Project Specifications and Special Provisions Upon approval of the 65% Special Provisions and Technical Specifications, the Consultant shall develop Special Provisions and Technical Specifications to 90% completion. Incorporate City and Caltrans comments to prepare final (100%) Special Provisions and Technical Specifications. 5.10 Cost Estimate Upon approval of the 65% cost estimate, the Consultant shall develop the 90% cost estimate. The Consultant shall incorporate City and Caltrans comments to finalize the cost estimate. Include supporting data for City use in administering construction. 5.11 Final PS&E Submittals 90% PS&E Submittal: The 90% PS&E submittal shall include all plans in required format, special provisions, technical specifications, and the engineer’s estimate as follows: • Full Size 90% Plans (22x34) – five ( 5) sets • General and Special Provisions, technical specifications – five (5) sets • Bid Quantities and Cost Estimate – two (2) sets The deliverables listed above shall also be provided in electronic format. Additional copies shall be provided to Caltrans OSFP in accordance with Caltrans OSFP Manual Guidelines. Two half- size sets of the 90% PS&E shall be submitted to SCVWD for review. Per Caltrans OSFP Manual Guidelines, an initial (90%) and intermediate (91%, 92%, etc. as applicable) shall be submitted to Caltrans OSFP for review. City’s Construction Management (CM) Firm will perform an independent review of the 90% PS&E to provide constructability, bidability and cost verification. 100% (Final) PS&E Submittal: The 100% (Final) PS&E submittal shall include all plans in required format, stamped calculations, special provisions and the engineer’s estimate as follows: • Full Size Final Plans (22x34) – five (5) sets • General and Special Provisions, technical specifications – five (5) sets • Stamped Structural Design Calculations – two (2) sets • Bid Quantities and Cost Estimate – two (2) sets The deliverables listed above shall also be provided in electronic format. Additional copies shall be provided to Caltrans OSFP in accordance with Caltrans OSFP Manual Guidelines. Two half- size sets of the 100% PS&E shall be submitted to SCVWD for their files. 5.12 Caltrans Encroachment Permit, R/W Certification and Maintenance Agreement The Consultant shall assist the City in obtaining Caltrans Encroachment Permit and necessary Right-of-Way Certification for construction of the proposed improvements within State R/W. Consultant shall complete and sign an American with Disabilities Act (ADA) Certification. The Consultant shall also assist the City in negotiation of Maintenance Agreements for the permanent structure within the State R/W and for the public access of the Santa Clara Valley Water District maintenance road along Adobe Creek. The City will be the lead on the Caltrans and SCVWD maintenance agreement coordination and negotiation. Consultant assistance to the City will be limited to preparation of exhibits upon request by the City. Consultant is not required to attend maintenance agreement meetings. PHASE 3: BIDDING AND CONSTRUCTION SUPPORT This is a future phase. The City intends to authorize the services under Phase 3 upon DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 completion of 35% design. The Consultant shall provide a detailed scope of services and fee estimate for Task 7 below after 90% design completion. The Consultant shall provide bid and construction phase services including, but not limited to: Task 6 – Bid Phase Services 6.1 Bid Package The Consultant shall prepare bid documents including bid forms and final PS&E that can be used to solicit competitive bids for the Project. Provide a draft bid set for City’s review. Incorporate comments and finalize the bid package. 6.2 Pre-bid Conference and Bid Addenda The Consultant shall conduct one (1) pre-bid conference, prepare agenda and minutes, and answer questions from prospective bidders. Prepare bid addenda and revisions to design, as necessary. 6.3 Bid Review The Consultant shall review submitted bids and bid alternates. Provide a summary of bids and recommendations for a contractor to perform the work. Task 7 – Construction Phase Services The consultant shall provide construction administration and support during the anticipated construction duration from early 2019 through completion of construction in early 2020. Construction Support Services shall be confirmed and authorized at the completion of the 90% PS&E phase and are anticipated to include, but are not limited to: 7.1 Pre-Construction Meeting The Consultant shall attend one (1) pre-construction meeting. City CM shall prepare agenda and minutes of the meeting. Consultant shall respond to any project and construction documents related questions during the meeting. 7.2 Submittals and Request for Information (RFIs) The Consultant shall review and provide comments on contractor’s submittals, and respond to RFIs in a timely manner. Maintain a log of submittals and RFIs received from the contractor. 7.3 Design Clarifications The Consultant shall provide clarifications and/or explanations of the construction documents, as requested by the contractor during construction. 7.4 Change Orders The Consultant shall assist the City in preparing and reviewing change orders, as necessary. 7.5 Meetings and Coordination The Consultant shall attend weekly progress meetings during the course of the construction upon request of the City Construction Manager. Coordinate construction administration services with City’s construction management consultant. The Consultant shall make site visits for construction coordination as requested by the City Construction Manager. 7.6 Final Review The Consultant shall participate in the final project review at the site and prepare the final review punch list. 7.7 Record Drawings The Consultant shall coordinate the preparation of record drawings with the Contractor and City’s construction Project Manager during the construction and post construction phases. DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 Consultant shall perform final review of the records drawings for “as-built” accuracy and assist the City in submitting the record drawings for review and approval. The Consultant shall make any modifications to the record drawings per Caltrans comments as necessary. CITY PROVIDED SERVICES 1. City will provide or obtain a Caltrans cooperative agreement and encroachment permit for conducting field activities. If a Contractor Double Permit is required by Caltrans to perform field activities, fees will be paid by City. 2. City will arrange open house location and conduct all pre-meeting notifications. 3. City will maintain stakeholder and interested party lists and make all email notifications. 4. City will create and place any required newspaper ads or other forms of notification. 5. All fees associated with the regulatory permits and filing of notifications will be paid by the City except the CEQA NOD filing fee. The Consultant will pay the CEQA NOD filing fee. 6. City will coordinate for plan check and issuance of City permits. ASSUMPTIONS 1. All plans will be prepared using AutoCAD. AutoCAD files of structure plans will be converted to Microstation, as required by Caltrans OSFP. Road plans will not be converted since electronic copies other than PDF are not required by Caltrans OSFP. 2. It is assumed that the existing aerial mapping AutoCAD base map will be made available and can provide an accurate 3-D model for use for the Project design. 3. The principal bridge span over Highway 101 and the secondary span over Adobe Creek are assumed to consist of prefabricated steel truss superstructure elements. 4. The City will provide the primary coordination and scheduling for the Public Outreach portion of the project including coordinating and obtaining all meeting dates, locations, mailings, notifications and advertising. The Consultant will provide PowerPoint slide presentation, presentation boards and graphics as applicable for each meeting. Handouts are assumed to not be required at Public Meetings. A limited number of handouts will be provided, as applicable at Stakeholder Meetings, Interagency Field Meetings and Design Review Board/ Commission Meetings. The City may request the Consultant to present in Public Meetings as appropriate. It is assumed that the City will provide formal meeting minutes and updates and notifications to City website, as required. 5. Based on preliminary information from the Consultant’s environmental subconsultant, it is believed that the structure alignment can be refined to avoid impacts to the wetlands, riparian woodland and the Waters of the US and therefore US Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB) and California department of Fish & Wildlife (CDFW) permits are assumed to not be required. 6. Consultant will coordinate with the SCVWD and obtain an Encroachment Permit for the project field investigations and for the project construction on behalf of the City. The City will pay all SCVWD Encroachment Permit Fees. The City will coordinate any license agreements for maintenance, operations and right-of-way with the SCVWD. 7. Consultant will prepare special provisions/technical specifications (Caltrans Division 2 through 10) utilizing Caltrans current Standard Special Provisions (SSPs). Caltrans current Standard Specifications and current Standard Plans will be referenced in the design. City shall prepare all necessary boilerplate specifications. Consultant will provide bid items list and assist with calculation of liquidated damages for inclusion in city boilerplate. DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 8. Formal Caltrans Value Engineering services will not be required since the project is less than the $40 million per bridge project threshold. Value engineering is included in the City’s Request for Proposal. Constructability and cost verification services will be provided after 15%, 35% and 65% design per the Scope of Work. The City will retain a Construction Management (CM) firm prior to completion of the 90% PS&E submittal and the CM firm will perform a constructability, bidability and cost verification of the 90% PS&E. 9. The Construction Support Services scope of work and fee is assumed based on anticipated project development. Final Construction Support Services will be submitted and negotiated with the City at the completion of the 90% PS&E submittal to ensure that all required services are adequately addressed. Construction Support Services do not include geotechnical observation of foundation construction which can be provided as Extra Work. The construction support services include an allowance for minor Change Orders. Actual Change Order costs will be determined on a case by case basis. 10. The scope of work and design fee includes the baseline project elements and core additional project elements as outlined in the Scope of Services to develop these elements from preliminary to final design phase. The scope of work and design fee includes the development of optional enhancements to 15% design phase only. The optional enhancements must be selected by the City after the 15% design reviews and prior to commencing the 35% design phase. Optional enhancements identified after significant completion of the 35% design can be provided for additional fee and extension of the project design schedule. 11. PS&E Submittals will be provided at 35%, 65%, 90% and 100% completion levels. Agency reviews are limited to one round of comments consolidated to one set of redline plan, specification and estimate redline comments per agency. Project Reports will be limited to one draft and one final version of each report. City reviews will be provided one week before reviews by other Agency reviews. Additional PS&E submittal, agency reviews and report submittals will be considered Extra Work unless submittals are deemed incomplete by Caltrans. 12. Selection of a principal span alternative other than the baseline prefabricated steel truss alternative may require additional design fee depending on the complexity and design requirements of the structure type selected by the City. 13. NEPA compliance consultation with Caltrans (if required) will be initiated after completion of the field exploration program. OPTIONAL SERVICES 1. Additional field surveys and potholing 2. Design Memorandum 3. PSR/ PR, Advance Planning Study and Risk Management Plan 4. Supplemental outreach graphics and 3D/ dynamic renderings 5. Unusual/ Non-standard structural design 6. Conversion of City Artist images into PS&E level details 7. Supplemental design elements not identified in the baseline and core additional project elements and optional enhancements authorized by the City 8. Construction Management and Resident Engineering 9. Construction support services (upgraded structure) (Based on steel main span upgrade) 10. Construction inspection services 11. Geotechnical observation of foundation construction DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 12. USACE, RWQCB and/or CDFW permits 13. West plaza design 14. Principal span upgrade design 15. Adobe Creek landscaping package (removal and replacement of eucalyptus trees on East) 16. Convert artwork into CD for incorporation into design package 17. Modify creek bridge at Bayshore to accommodate bike lane 18. Optional enhancements beyond 15% design phase DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Milestones No. of Weeks Completion from NTP 1. Task 1. Preliminary Design 98 weeks 2. Task 2. Caltrans Approval Document 98 weeks 3. Task 3. PS&E (65%) 98 weeks 4. Task 4. Phase 2 Project Management and Coordination TBD 5. Task 5. Final PS&E (90% and 100%) TBD 6. Task 6. Bid Phase Services TBD 7. Task 7. Construction Phase Services TBD DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed $1,340,270. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $1,474,297. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $1,340,270 and the total compensation for Additional Services does not exceed $134,027. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 $905,062 (Preliminary Design) Task 2 $5,715 (Caltrans Approval Document) Task 3 $249,485 (PS&E (65%)) Task 4 TBD (Phase 2 Project Management and Coordination) Task 5 TBD (Final PS&E (90% and 100%)) Task 6 TBD (Bid Phase Services) Task 7 TBD (Construction Phase Services) Sub-total Basic Services $1,160,262 DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 Reimbursable Expenses $180,008 Total Basic Services and Reimbursable expenses $1,340,270 Additional Services (Not to Exceed) $134,027 Maximum Total Compensation $1,474,297 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $500 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Classification Actual Hourly Rate (Min) Actual Hourly Rate (Max) Overhead Multiplier Fee Fully Loaded Rate (Max) Fully Loaded Rate (Max) Principal III $95.00 $105.00 155.66% 10.00% $267.16 $295.29 Principal II $80.00 $95.00 155.66% 10.00% $224.98 $267.16 Principal I $75.00 $82.00 155.66% 10.00% $210.92 $230.61 Associate $55.00 $67.00 155.66% 10.00% $154.67 $188.42 Engineering Manager $50.00 $57.00 155.66% 10.00% $140.61 $160.30 Senior Engineer $42.00 $52.00 155.66% 10.00% $118.11 $146.24 Project Engineer $38.00 $48.00 155.66% 10.00% $106.87 $134.99 Staff Engineer $32.00 $40.00 155.66% 10.00% $89.99 $112.49 Assistant Engineer $28.00 $34.00 155.66% 10.00% $78.74 $95.62 Junior Engineer $17.00 $32.00 155.66% 10.00% $47.81 $89.99 Sr. Computer Drafter $30.00 $47.00 155.66% 10.00% $84.37 $132.18 Administration $11.00 $52.00 155.66%10.00%$30.93 $146.24 *Charge Rates Applicable October 1, 2015 – September 30, 2016 (Charge Rate revisions will be submitted in October of each year) BIGGS CARDOSA ASSOCIATES, INC. RFP No. 162262 Highway 101 Bicycle/Pedestrian Overcrossing Project EXHIBIT C-1 HOURLY RATE SCHEDULE DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 DIRECT HOURLY RATES JANUARY 1, 2016 - DECEMBER 31, 2016 PERSONNEL HOURLY RATES ENGINEERING Principal (Natalina Bernardi $125.00) $125.00 Associate (Jeff Wang $69.57) $69.00 - $75.00 Project Manager (Jason Mansfield $58.00) $45.00 - $65.00 Engineer IV $45.00 - $55.00 Engineer III $40.00 - $55.00 Engineer II $33.00 - $47.00 Engineer I $29.00 - $37.00 Engineer Assistant $15.00 - $22.00 SURVEYING Surveyor IV $45.00 - $55.00 Surveyor III $40.00 - $55.00 Surveyor II $33.00 - $47.00 Surveyor I $29.00 - $37.00 Field Surveyor $16.00 - $48.00 DESIGN AND DRAFTING Technician $35.00 - $40.00 Drafter $20.00 - $30.00 SERVICES AND EXPENSES Project Assistant $20.00 - $30.00 Clerical/Administrative Assistant $63.00 Overhead Rate is 180.00% and Profit is 10%. Charges for outside services, equipment, and facilities not furnished directly by BKF Engineers will be billed at cost plus 10%. Such charges may include, but shall not be limited to printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; special fees, permits, and insurance; transportation on public carriers, meals, and lodging; and consumable materials. Mileage will be charged at the prevailing IRS rate per mile. Monthly invoices are due within 30 days from invoice date. Interest will be charged at 0.833% per month on past due accounts. EXHIBIT C-1 HOURLY RATE SCHEDULE DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Job Classification Position Rate Range Base Hourly Rate Overhead Rate Home Office Billing Rate Home Office 10% Profit Senior Principal $75-$80 80.00$ 224.00%259.20$ 285.12$ Managing Principal $75-$80 80.00$ 224.00%259.20$ 285.12$ Senior Project Manager $50-$64 64.00$ 224.00%207.36$ 228.10$ Project Manager $40-$50 50.00$ 224.00%162.00$ 178.20$ Architect III $37-$39 39.00$ 224.00%126.36$ 139.00$ Architect II $33-$36 36.00$ 224.00%116.64$ 128.30$ Architect I $30-$32 32.00$ 224.00%103.68$ 114.05$ Designer III $35-$37 37.00$ 224.00%119.88$ 131.87$ Designer II $32-$34 34.00$ 224.00%110.16$ 121.18$ Designer I $29-$31 31.00$ 224.00%100.44$ 110.48$ Intern III $26-$28 28.00$ 224.00%90.72$ 99.79$ Intern II $23-$25 25.00$ 224.00%81.00$ 89.10$ Intern I $20-$22 22.00$ 224.00%71.28$ 78.41$ Specification Writer $35-$40 40.00$ 224.00%129.60$ 142.56$ Staff III $23-$29 29.00$ 224.00%93.96$ 103.36$ Staff II $20-$22 22.00$ 224.00%71.28$ 78.41$ Staff I $17-$19 19.00$ 224.00%61.56$ 67.72$ Claudia Guadagne, President 4-Jan-16 Print Name, Title Date FMG Architects 2016 Rate Break Down Table FMG Architects EXHIBIT C-1 HOURLY RATE SCHEDULE DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Classification Actual Hourly Rate Overhead Multiplier Fee Fully Loaded Rate Principal $75.25 184.00% 10.00% $235.08 Associate $54.39 184.00% 10.00% $169.91 Project Manager 1 $45.69 184.00% 10.00% $142.74 Designer 1 $32.14 184.00% 10.00% $100.41 Construction Manager $50.26 184.00% 10.00% $157.01 Administration $20.00 184.00% 10.00% $62.48 Callander Associates Palo Alto Highway 101 EXHIBIT C-1 HOURLY RATE SCHEDULE DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Classification/Role Labor Rate actual and/or range Loaded Rate 2.5 plus 10% (2.75) Project Manager $92.59 $254.61 Sr. Engineering Geologist $65 $178.75 Sr. Project Engineer (QA QC- Eng. Manager)$67.1 $184.53 Sr. Project Engineer $53 - $61 $145.75 - $167.75 Project Engineer $43 - $50 $118.25 - $137.5 Field Engineer $44 - $50 $ 121 - $137.5 Lab Technician/@Materials Tester $32 - $44 $88 - $121 Sr. Staff Engineer/PE $33 - $35 $90.75 - $96.25 Staff Engineer $28 - $34 $ 77 - $93.5 Draftsperson $34 - $36 $93.5 - $99 The rates may be changed based on annual escalations and are valid for the year specified. Loaded Rates are calculated based on: 42.27% Labor Fringes 107.73% Gen. Admin. & Overhead 150% Total Overhead 10% Fee 2.75 Total Multiplier @ Prevailing Wage will apply as per DIR requirements & will be calculated on a project specific basis. 2016 Billing Rate Cost Plus Fee EXHIBIT C-1 HOURLY RATE SCHEDULE DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Y&C Transportation Consultants, Inc. 2016 Billing Rates Engineer XII $203-$226/hr Engineer XI $181-$203/hr Engineer X $158-$181/hr Engineer IX $140-$158/hr Engineer VIII $131-$140/hr Engineer VII $120-$131/hr Engineer VI $109-$120/hr Engineer V $97-$109/hr Engineer IV $84-$97/hr Engineer III $72-$84/hr Engineer II $64-$72/hr Engineer I $59-$64/hr Technician IV $57-$80/hr Technician III $45-$57/hr Technician II $38-$45/hr Technician I $34-$38/hr Clerk III $45-$80/hr Clerk II $38-$45/hr Clerk I $34-$38/hr The billing rates are subject to change at the beginning of each year. The billing rate is based on a 1.047 overhead multiplier plus 10% fee. MISCELLANEOUS COSTS Reimbursables (Printing and Materials, Express Mail and Delivery Expenses, Filing Fees, Parking and Field Expenses) will be billed at cost. Auto Mileage will be billed at current IRS rate. EXHIBIT C-1 HOURLY RATE SCHEDULE DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Labor Classification Hourly Salary Overhead Multiplier Professional Fee % (Profit) Fully Loaded Hourly Rate Project Manager $71.51 186.0%10%$225.00 Project Engineer $62.00 186.0%10%$195.07 Senior Engineer $55.00 186.0%10%$173.04 Associate Engineer $44.50 186.0%10%$140.01 Assistant Engineer $40.00 186.0%10%$125.85 Designer $35.00 186.0%10%$110.12 Junior Engineer $32.50 186.0%10%$102.25 Technician $25.00 186.0%10%$78.66 Indirect Labor Percentage Calculations Employee & Fringe Benefits (1) 36.8% 11.2% 6.5% Payroll Tax 8.7% PST Contribution 9.6% Workers Comp 0.8% General Overhead Expense (2) 149.2% 24.6% Office Expenses 8.7% Supplies 2.8% Automobile 2.2% Travel 1.6% Taxes & Licenses 0.3% 2.5% 2.0% 4.5% Depreciation 6.3% 92.1% Miscellaneous 1.6% Total Indirect Cost (1)+ (2) 186.0%<-- Indirect Cost used for Multiplier Indirect % of Direct Labor Calculations* Benefit Insurance Legal & Accounting Schaaf & Wheeler Fully Loaded Hourly Rate by Classification Vacation, Sick, Holiday General Administration Corporate Insurance Rent and Maintenance Prof Dues & Training *Modified categories to match Federal DCAA Audit for Schaaf & Wheeler EXHIBIT C-1 HOURLY RATE SCHEDULE DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 CM CARLSON MANAGEMENT, INC. RATE INFORMATION Bill Carlson, PE o Direct Rate: $81.00/Hour o Multiplier: 2.02 o Fee: 10% o Loaded Rate: $179.98/HR o Labor Rate increase at 3% per calendar year o ODCs as requested: At cost plus 5% markup EXHIBIT C-1 HOURLY RATE SCHEDULE DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Overhead Classification Min Max Multiplier Fee Min Max Principal Project Manager 61.00$ 87.00$ 200.74%10.00%201.80$ 287.81$ Senior Project Manager 50.00$ 53.00$ 200.74%10.00%165.41$ 175.33$ Project Manager 34.00$ 47.00$ 200.74%10.00%112.48$ 155.48$ Associate Project Manager 27.00$ 40.00$ 200.74%10.00%89.32$ 132.33$ Assistant Project Manager 25.00$ 31.00$ 200.74%10.00%82.70$ 102.55$ Researcher 23.00$ 26.00$ 200.74%10.00%76.09$ 86.01$ Graphic Artist 25.00$ 28.00$ 200.74%10.00%82.70$ 92.63$ *Charge Rates Applicable October 1, 2015 - September 30, 2016 (Charge Rate revisions will be submitted in October of each year.) David J. Powers & Associates, Inc Actual Hourly Rate Fully Burdened Hourly Rate Fee Schedule U.S. 101/Adobe Creek Bike/Ped Overcrossing Project EXHIBIT C-1 HOURLY RATE SCHEDULE DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRE D TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Professional Services Rev. March 31, 2015 ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE EMAILED TO: InsuranceCerts@CityofPaloAlto.org DocuSign Envelope ID: 97BA0501-7A2B-4E0E-BA9C-5A81BF203150 Baseline Layout OFFICE OF THE CITY MANAGER CITY OF PALO ALTO 250 Hamilton Avenue. 7th Floor Palo Alto. CA 94301 650.329.23 9 2 March 22, 2016 Mr. Dave Cortese, Chair Metropolitan Transportation Commission 101 8th Street Oakland, CA 94607 Re: City of Palo Alto US-lOll Adobe Creek Bicycle and Pedestrian Bridge -STIP Funding Dear Mr. Cortese: In anticipation of the 2016 State Transportation Improvement Program (STIP) hearing this month, we humbly request that the allocation of $4,350,000 in construction funding for the City of Palo Alto US- 101/Adobe Creek Bicycle and Pedestrian Bridge be programmed in STIP Fiscal Year 17-18. This project is a model for effective state, local and private partnerships, as the $4,350,000 in STIP funds will be used to match $4,000,000 in previously authorized county funds and $4,650,000 in city funds. Google Inc. has also been working very closely to support this project. To date, Google has partnered with the city in planning efforts for the project and committed to provide the needed right-of-way, and Google is considering additional efforts. This project has already absorbed substantial cost increases, due to delays in preparing environmental studies and an extensive public involvement process. We cannot afford to postpone this project any longer. The City of Palo Alto has been working diligently to begin construction on this project in early 2018, and the current schedule is necessary for the following reasons: • The $4,000,000 in county funds may be reprogrammed if this project is not completed as currently scheduled. • Several locally-funded bicycle boulevards and enhanced bikeways, which will link cyclists directly to the US-101/Adobe Creek Bicycle and Pedestrian Bridge, will be constructed in 2017. • The seasonal undercrossing at this location already sees over 43,000 annual bicycle and pedestrian trips, and it is only open for about six months per year. This project will help the state, region and city meet their aggressive vehicle miles traveled and greenhouse gas emissions goals by increasing the active transportation mode share significantly. The goal of this project is to provide year-round bicycle and pedestrian access between Palo Alto, Stanford University, San Francisco Bay Trail, Baylands recreational areas, and large job centers east of US 101. An existing bicycle and pedestrian overcrossing at Oregon Expressway is approximately 1.4 miles north and is inconvenient for active transportation users who live in south Palo Alto and commuters to the Google and Facebook campuses. City Of Pa I oA Ito.o rg Printed With soy-based Inks on 100% recycled paper processed Without chlorine. OFFICE OF THE CITY r",ANAGER CITY OF PALO ALTO 250 Hamil t on Avenue, 7th Floor Palo Alto, CA 94301 650.329.2392 March 22, 2016 Mr. Bob Alvarado, Chair California Transportation Commission 1120 N Street, Room 2221 (MS-52) Sacramento, CA 95814 Re: City of Palo Alto US-lOll Adobe Creek Bicycle and Pedestrian Bridge -STIP Funding Dear Mr. Alvarado: In anticipation of the 2016 State Transportation Improvement Program (STIP) hearing this month, we humbly request that the allocation of $4,350,000 in construction funding for the City of Palo Alto US- 101/Adobe Creek Bicycle and Pedestrian Bridge be programmed in STIP Fiscal Year 17-18. This project is a model for effective state, local and private partnerships, as the $4,350,000 in STIP funds will be used to match $4,000,000 in previously authorized county funds and $4,650,000 in city funds. Google Inc. has also been working very closely to support this project. To date, Google has partnered with the city in planning efforts for the project and committed to provide the needed right-of-way, and Google is considering additional efforts. This project has already absorbed substantial cost increases, due to delays in preparing environmental studies and an extensive public involvement process. We cannot afford to postpone this project any longer. The City of Palo Alto has been working diligently to begin construction on this project in early 2018, and the current schedule is necessary for the following reasons : • The $4,000,000 in county funds may be reprogrammed if this project is not completed as currently scheduled. • Several locally-funded bicycle boulevards and enhanced bikeways, which will link cyclists directly to the US-101/Adobe Creek Bicycle and Pedestrian Bridge, will be constructed in 2017. • The seasonal undercrossing at this location already sees over 43,000 annual bicycle and pedestrian trips, and it is only open for about six months per year. This project will help the state, region and city meet their aggressive vehicle miles traveled and greenhouse gas emissions goals by increasing the active transportation mode share significantly. The goal of this project is to provide year-round bicycle and pedestrian access between Palo Alto, Stanford University, San Francisco Bay Trail, Baylands recreational areas, and large job centers east of US 101. An existing bicycle and pedestrian overcrossing at Oregon Expressway is approximately 1.4 miles north and is inconvenient for active transportation users who live in south Palo Alto and commuters to the Google and Facebook campuses. C i tyOfPa I oA I to.o rg Printed With soy-based inks on 100% recycled paper processed wi thout chlorine. CERTI F I ED COPY should be de~programmed. BART Extensionjj-om Benyessa to Santa Clara: Tilese funds were programmed as paltof an exchange with the 11 casure A program which fh,ed local funds to be used to design the Express Lane system. lfthe funds are deprogratmned, 111e VTA Board will need to re-program them at the eat'liest 0pp01tunity. Sf John Street Mul!.imodal Improvements:' The City of San Jose is currently completing design for ihi.s project, and expects to go to construction in the smmnerof2016. lfthis project is de- programmed from the STlP, VIA staff would recommend reprogramming it in tl,e second One Bay Area Grant (OBAG) cycle. The project will be delayed by these actions. Pedestrian/Bicycle Bridge over US-J 01 at Adobe Creek: The City of Palo Alto is in the environmental clearance stage. The project has been delayed several years to allow for robust community input and avoid conilicts with other construction on US 10 I in the same at·ea. If this project is deleted from the STIP, VT A staff would recommend reprogramming it in the second OBAG cycle. The project is unlikely to be delayed by tlleseactions. ALTERNATIVES: The VTA Boat'd ofDircctors may adopt other priorities. FISCAL Th1PACT= IfPlatllling, Progralml1ing & Monitoring funds are deprogrammed or rescheduled, this will reduce revenues available to fund the FYI? Congestiou Management Program Work Plan which may result in a.reduction of planned activities. Deprogral11ming of any of the remaining projects would require either future reprogralmning in tile STIP or reprogramming to anotllyr grant source in order to complete the projects. STAl'IDING COMMITTEE mSCUSSIONIRECOMlVffi]\iDATION: The Congestion Management Planning & Progral1llning (CMPP) CDlnmittee heard and discussed this item at its Febmary 18, 2016 meeting. The ConTI1nttee elevated the soundwall projectto second priority based 011. lack of potential replacement funding and approved tile revised prioritization for consideration by the full VTA Board of Directors. The rcvised priorities are reflected in this memorandnm. Prepared by: Marcella Rensi Mcmo l'{o. 5441 ATTACH1\1ENl"S: crC-I016STLP1Ur (PDF) Page 3 of3 I certify thattl1e foregoing Instrument is a true and exact copy of the original on file in the Secretary of the Board of Director's office. ~l~&.h .. ~--....... Ie _.....-'" __ ~ 4 '(,e"/I Date! II I J.b I I 6.10 CERTIFIED COPY Attachment A county Route Proj ect Title Lassen IDe City Street Rehabilitation Lassen IDe City Street Rehabilitation Lassen IDe City Street Rehabflitation Lassen IDe City Street Rehabilitation Lassen IDe Beaver Creek Bridge 117(-82 [HW\' Bridge pro&f'lm Match), Replace , Lassen IDe Center Road, Route 395-Johnstonville Road, Reconstruct Lassen IDe New Main Street-Johnstol1vflie Road Connection Lassen IDe Skyl.ine Road East/Extension, Phase 2 Los Angeles gsep BurbankAirport/Rail station Pedestrian Grade Separation * LosAngele~ rail light RaU Vehicles , Los Angeles 138 Widening Segment 6, 87th Street E-96th Street E , Los Angeles 133 Widening Segment 13, 190th Street E-Route 18 Madera 99 Madera, Ave 12-Ave 17, Widen to 6 Lanes * Madera 99 SOlJth of Madera, Ave 7-Ave 12, .Widen to 6 lanes , Marin IDe Parkade Area Circulation lmprove!'y1ents Mariposa IDe Silva Road, Post Miles 10-11.092, Rehabilitation Mariposa IDe Triangle Road, Post Miles 11.8-14.11, Rehabilitation Mariposa loe Merced Falls Road, Post Miles 10.00-12.50,. Rehab., Phase 1 Mariposa IDe Ben Hur Road, Post Miles 15.00-18.50, Re~onstruction Mendocino IDe Laytonville, Branscomb Road( Multi-Use Bridge Men.docino bus Revenue Vehicle Replacements, Six (6) * -Mendocino IDe Gobhl Street/Wau.gh lane intersection, TraffiC Sfgnal Mendocino IDe Low Gap Road/N. Bush Street Intersection, Roundabout MendOCino loc Ukiah Downtown 5treetscape Improvements, Phase 1 Mendocino 101 N, State St Interchange Improvements, Roundabout, Phas.e 1 Mendocino 1 (Main 5t) Bike & Pedestrian Access Improvements Mendocino 101 Willits Bypi3sS Relinquishment , Mendocino 101-Sherwood Road"Geometrlc Upgrade * Mendocino IDe East Side Potter Valley Road, Rehabitita.tion, Phase 1 < Merced 99 Livingston 5-Lane Widening, NorJlbound and Southbound .;. Merced 99 Uvingston 6-Lane Widening, 'Southbound Modoc loe County Road 55, Route 395-County Road 247A, Rehab. , Modoc --IDe Pedestrian Improvements A.lturas Central Business District Modoc IDe Oak and Juniper Streets, from Route 299 to Loth Street,. Rehab. Modoc IDe County Road 87, in Arlin, Route 2.99-County Road'91, Rehab. Modoc IDe County Road 111, Route 139-County Road 108, Rehab. Modoc IDe Alturas .. on East Street, Modoc Stl-eet-4th street, Rehab. Modoc loe County Road 114( Route 139-County Road'lOl, Rehab. Modoc loc County Road 272, Lassen-Modoc CD line to Day Road, Rehab_ Mono IDe Meridian Roundabout and Signa! Relocation Mono 203 (W Minaret Rd), 5idewalk & Safety Mono loe Airport Road, Rehabilitation Mono IDe Countywide Preventive Maintenance Program Monterey rail Capitol Corridor Extension ~ Kick Start Monterey 1 Operational Improvements, Carmel , Monterey rail Coast DaylightjCaltrain Track Improvements , Monterey bus Monterey Salinas Transit Buse$ Monterey IDe lmji["l Road Widening to 4 Lanes • Californla Transportafloll Commiss-Ion 20tS CMPP Item #~ February 18, 2016 VTA Board Item #--, March 3, 2016 Total Program.med Assembly Se.nate ($ thousands) Disf:rict(s) District(s} 1,846 1 1 955 1 1 956 1 1 2,320 1 1 254 1 1 2,890 1 1 100' 1 1 3,900 1 1 7,000 43 25 41,48,49, 2.2.,2.4,25, 102,400 51,53,54, 26,30,32, 59,62,63, 64,70 33,35 13,700 36 21 41,900 36 21 S)l4S 5 12 3,000 5 12 255 10 2 531 5 8 838 5 8 91-2 5 8 1,115 5 8 385 2 2 88 2 2 532 2 2 703 2 2 1,155 2 2 468 2 2 1,485 2 2 3,442 2 2 3,590 2 2 3,150 2 2 2,070 21 12 34,250 21 12 75 1 1 942 1 1 890 1 1 632 1 1 687 1 1 962 1 1 407 1 1 196 1 1 2,610 5 8 575 5 8 1,273 5 8 1,100 5 8 18,856 29,30 12,17 3,000 29,30 12,17 300 29,30 12/17 2,000 29,30 12,17 1,650 29,30 12./17 January 27, 2016 W City of Palo Alto Highway 101 Adobe Creek Bridge CEQA/NEPA CE Schedule  May‐16 Public Input / Review/ Decision Making En v i r o n m e n t a l  Cl e a r a n c e  an d  Ou t r e a c h En g i n e e r i n g a n d  De s i g n  Ph a s e Council  Award/NTP 5/23/16 Field work 5/16‐7/16 Environmental Studies Preparation  & Approvals by  Caltrans  11/16‐6/17 15% Design 7/16‐9/16 Formal Biological  Opinion 7/17‐12/17 IS/MND Draft  Preparation; Ready  for Public Circulation 5/17‐9/17 IS/MND Circulation (30‐day) 9/17‐10/17 Public  Meetings during  MND Circulation  (Review/Final Input) ‐PTC ‐ARB ‐PRC/PIO 15% Design Public Meetings  (Concept Review/Input)  9/16‐11/16 ‐PRC ‐ARB ‐PTC ‐Public Workshop ‐PABAC  Mitigation Monitoring  & Reporting Program 10/17‐11/17 City Council Approval  of MMRP/Project 12/17 NEPA CE  Preparation/  Caltrans Approval 12/17‐1/18 Structure  Type Selection &  Approval by Caltrans 11/16 ‐3/17 35% Design 2/17 ‐4/17 65% Design & PEER 10/17 ‐2/18 90% Design  2/18 ‐9/18 100% Design & Caltrans  Approval 9/18 ‐11/18 City Construction Permit 9/18 ‐11/18 ROW Engineering &  Certification 2/18 ‐9/18 E‐76 for Construction 9/18 ‐11/18 Bid Advertisement & Bid Opening 11/18 ‐12/18 Council Award of  Construction 1/19 DRC Meeting 5/17 CMA Call for Projects 3/16 ‐1/17 Commission Approval  of OBAG 2 Projects 2/17 ‐3/17 2nd Yr OBAG 2 (FY18‐19)  Access to Funding 10/18 Construction  Completion 4/20