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09-029 Pavement Engineering, Inc03/05/2019 x.3:17 F jX 908 777 3333 AGREEMENT X0002/0008 BY THIS by and sa IVarite (t; (}tereinafter rat`s follows: COM"RAG"TOR~~u~a1111 provide jsh~tlal~fir~ s~nrlo~s~ i ~~E~ ~`r~~' EXHIBI :The idiowing attached exhtbtts hereby are made part o} thEs ~~ TERM'S: The se aiydlor materials mash under this Agreement shahim~nence on and shall (~ completed before ' y' ~~i,~~ --''~~~ COMPENSATtt3fy•~ r the full performarx:e of this A E!nrent, CITY shall CONTRACTOR: ,~ hNtc~J~'C ~T "~ ~'ivj'~ Z'~;lioo.°° i v1~i.~5 GENERALTERMS AND C©NDIT1pNS ENTERED Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any anti all damage and liability ~ every nature, including all hosts of defending any datm, caused by or arising out of the perbrmance of this Agreement. City shad not be liable for ;acts of Contractor in performing services described herein. insurance, Should the City require evkfence of Insurability Contractor shat! file with City a Certificate of Insurance before txsmmendng any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. Nodiscrimination shah be made in the employment of persons unc~r this Agreement because of the race, color, national origin, ancestry, refrgion or sex. of such parson. Interest of Cottractor. n is understood and agreed that this Agreement ~ not a contract of err~kryment In the sense that the relation of master and servant exists between City arxi understgned. At ail times Contractor shall be deemed to be an Independent contractor and Contractor is not ai~tl•~orfzed to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or wfiil have any financial interest under this Agreement ~ an officer or employee of City. Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CC}-ORDIIYATOR and representative for CI1Y shall ba; ~~ ~~ tt~~~ NAME ~i~~ ~-~~~~'.~ DEPARTMENT~~- ~ C.' U.[~ '~Fc~ This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. coNrRacTOR: ,~ he ~~'ERTIt~: -~ Titte~,~.rz.r~r-r--,,~ '~z,~,~..•rr.~r~rl~'`- '17t1e S APPRUVAi.S 1=XPENDtTUR~ D{S'r~t1~t1T1CtN ° ,v,,r a a~-o9 ~ ~ n CiITY OF t;UPERTtNo =••~ ~~~a~~-~-ZipZ~ Phone~7fC'{ 7b4 -• 53 rred as CONfTRAC R), In constderatkon of their mutual covertartts, the parties hereto agree as r i 030Q To rre Avenue o Cupertino, CA 95014 ~/ ) / it t / i 4013-T77-3200 NO. v"~ ~ ~c 7'"~ VVV made and entered into on the _,~~ day of "~ ~ ~~' the of CLIPERTINO {H after referred to as CITY] arxf J "o " ' ` CITY CII=RK COPY 03/05/20G8 13:19 FAQ 408 777 3333 Pave~eni~ Engineering /nc. " Crvi! ~ngi»e~a ing Lamiscape Architecture C.at1rans/AMR! (jC/Q'A Constnrctior~ Manageme~rt January 16, 2009 SAN 2 0 200 Mr. Glenn Goepfert City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 p~LICV~ p~pp}~MENT ~ ooo4iooos MP 09-012 Subject: Pavement Evaluation & E:agineering Design Services: - Blaney Avenue, Bollinger Road, Homestead Road - Neighborhood Zone :1 Neighborhood Zone :10 - Access Ramp Evalua'dons & Design Dear Glenn: It was a pleasure to meet with y,~u this week to discuss current and future projects in the City ~~f Cupertino. As requested, we are providing our proposal to provide pavement evaluation and engineering design services. This praposal covers our wank to perform the following projects: Task 01 - 2009 Arterial Deflection Testing Task 02 - Contract Documents for Neighborhood Zone 1 Task 03 - Contract Documents for ieighborhood Zone 10 Task 09 - Access Ramp Evaluation t~ Design Our services for each Task will irYClude the following: Task pl - 2gQ9 Arte,~ial Drfl~rtior~ Te$'tinct As we discussed earlier this week, PEZ expects to be significantly impacted iflwhen the federal economic stimulus package becomes available to the various municipalities throughout. the state. In an effort to get a head start for Cupertino, we propose to perform all of the pavement evaluation work in advance for three Arterial/Collector roadway segments: -- Blaney Avenue from Cedar Tree to Homestead - Bollinger Road stbound only) from Miller to Windsor - Homestead Road (Eastbound only) from Mary to Franco t i Our services for this task will include deflection testing in each lane of roadway at 100 foot intervals and taking cores A r \ Businaaa \Text\tSarkatinq\?roposals\P7rapoaa1s2009\M09.012_,px. ryti 3820 Cypress L?rtve, Suite ~ Petaluma, CA 94954~56i3 7e1. (707) 769.5330 PSx {TtT7) 759-.~i,433 202!60 Skyperk D»ve Redding, CA 98002-921 T&1. {530) 224-x535 • Fax j530) 22~d-4539 3485 S~rcrame»to t?»ve, Suite A San Luis O61spo, CA ~340f-7136 Tei (805) T812265 Fax (805} 78y 2287' 03/05/2009 13:1.9 FA% 408 777 3333 f~J0005/0008 Mr. Glenn Goepfert MP09-012 January 16, 2009 Page 2 through the pavement layer at 1000 foot maximum intervals for depth measurements. As these are collector and arterial roadways, no R-value sampling and testing is deemed necessary, During the field investigation work, traffic control will be handled on Homestead and on Bollinger by using a lighted arrowboard to direct traffic intro the adjacent lane. Warning signs will also be placed in advance of the work to provide early notice to vehicles. Traffic control on Blaney Avenue will pose a bit more of a problem, since there is only one lane in each direction. On this street, flagmen will be utilized at each end of the operation to temporarily stop ont~oming traffic, and then waving them around the set up when the way is clear in the opposite direction. To avoid a traffic back up during busier times of the day, we would propose to perform the deflection testing with traffic control on Blaney at an earl~,r morning hour (i.e. 4 AM}. Deflection testing for this secment would be expected to be completed in less than 2 hours. The coring work would need to be performed later in the day, to avoid noise complaints from adjacent neighborhoods. However, only A cores are needed on this section of road, which should take approximately 1 hour to complete. Following all field investigation work, the findings from our investigation will be compiled into a report, complete with maintenance/rehabilitation recommendations for each roadway segment. Please note that thf: deflection test results are generally good for three yeaxs after the date of testing, so recommendations for any segments not constructed this year would still be valid through Spring of .'.012. This proposal does not include services for preparing plans, specifications and a cost estimate for these streets. We will submit a separate proposal for these services at the request of the City. • Our fee for the 2009 Arte~,al Deflection Testing will be $7,815. R:\8usin~asltsxt\Narketinq\Proposals\Proposa3i2009\M/09~032,yr.aDd 03/05/2009 13:20 FAQ 408 777 3333 ~ 01106/000$ Mr. Glenn Goepfert MP09-012 January 16, 2009 Page 9 ~ 02 - ~t~ighborhoo ~o>~~ 1 Pam>pt ~iitataaanc~ prQjeat We anticipate that this project will proceed very similarly to the neighborhood projects that were designed and constructed in 2007/2008. The project will likely incorporate pavement overlays, slurry seals, and cape seals on the various street segments. Pavement deflection testing, coring, and R--value tests will be performed on streets identified for pavement overlay only. All roadways will be measured in the field to determine construction quantities. Intersection details will be prepared to show limit of the various types of work at each street limit. Location plans and details will be prepared as has been done in the past to clearly show the work to be performed. The final product will be in the "binder" format previously used by PEI and the City of Cupertino. The binder set will also include technical specifications, quantity estimates, bidding documents, and any construction details necessary to communicate the intent of the design. FEI will be on hand to assist the City during the bid process, including attendance of a bid mE:eting, answering any questions during the bid, and preparing addenda as necessary. This proposal does not include our services for construction administxation, inspection and testing. We will submit a separate proposal for this scope once the project design is completed. Our fee far the Neighbpr,~od ~o>~ 1 Pavem~,,,n,~ MaintPn~nr~~ Pr ect will be $65,525. "ask fl3 - Neighborhood Eon+~ 10 Paa~eme+±t Ma; a ®nanc~s Prc~ j ecs The limits of this project wri11 include all streets in Neighborhood 10 that were not addressed last year in the Local Streets IlMajor Streets Pavement Maintenance Project. The process of preparing contract docuuments for this project will be identical to method described for Task 02 in this proposal. R:\bu8lases\iext\Narketinq~Yzcpoaala~\Pzoy~oea2~2009~1iD04-O1?„yr.wpd l~ 03/05/209 13:20 FAIL 408 777 3333 ~ 0007/0008 Mr. Glenn Goepfert MP09-012 January 16, 2009 Page 4 It will be our intent to perft~rm the 'deflection testing and coring work for Tasks 1, 2 a:nd 3 concurrently, which will minimize the mobilization cost to the city. As mentioned in Task 2 above, th:~s proposal does not include our services for construction administration, inspection and testing. We will submit a sepaxe~te proposal for this scope once the project design is completed. Our fee for the Neicxhborhood done 10 ~avemen~ Ma~nrpna~rA Pro-lect will be $34,215. Task 04 - AUA Rama Evalua't3.oxls & ?~~ The work for this task will include evaluating the condition of existing wheelchair ramps at various locations throughout the city and designing new facilit:les to replace existing ramps found to be non-compliant. Ramps will be evaluated for conformance with current ADA standards as dictated by the California Building Code and current Caltrans standard detai?.s. Evaluations will include reviewing dimensions, slopes, presence of truncated domes, grooved border at top of ramp, and any other items required fox ramps and adjacent landings. Ramps found to be out of compliance will be identified an the intersection plans for Neighborhoods 1 and 10. Plans will reference the appropriate style of xamp per Caltrans Star.~dard Detail A88A for all new ramps. Please note that in some instances, it is not possible to construct or retro-fit. a fully compliant ramp in accordance with the most current set of standards,. This is most commonly caused because of excessive slopes of the street andJor sidewalk, insufficient space within the public right-of-way, or because of an obstacle such as a utility vault, curb inlet, signal pole, or Rome other existing feature which cannot be relocated in a cost affective manner. If a situation is encountered wherein a ramp does not appear to be fully feasible, PEi will design a solution which will attempt to comply a; c.tosely as possible to the current code. Zn these instances3, we will notify the city of R:\9uaiaass\2YxtVtarkotiaq\PsapoaalalYZaposala2009\K?09-012rpr.++pd 0;/05/2aas 13:21 FAX 4a8 777 3333 Mr. Glenn Goepfert MP09-012 January 16, 2009 Page 5 , ~ aoo8iooos locatians where a compliant ramp does not appear to be feasible. PEI has identified 175 ramps w3.thin the limits of the street maintenance work identified in the three tasks above. This count does not include ramps that were recently constructed and are already known to comply with current ADA standards. Our prapvsal is based on evaluating these 175 ramp locations, and providing plan information to address any issues of non- compliance. If the City wishes to increase the total number of ramp locations to be evaluated ~~nd redesigned, we will reserve the right to negotiate the increa.e in fees accordingly. Our fee to perform the ADA lR Evaluations ~, Aesicn as described herein will be $9,425. As always, our proposed fees are subject to negotiation with the City. The attached proposal cond:Ltions will apply. It is our pleasure to continue working with the City of Cupertino, and we anticipate a successful outcome in each project. If there are any questions regarding this proposal, please feel free to contact P4r. Mike Walden, the Project Manager, at {707} 769-5330. Very t y yours, PAV ENG ERING INC. u1 R. Curren, P.E. Senior Principal Engineer pe: C File M File P1R/S MP 07-404 R:\BnsinoaalTSxtViarkwtiny\Propoaala\Proyosa1a2069~xi09-012,pr.vpd i • OFFICE OF THE CITY CLERK CITY HALL CUPERTINO March 26, 2009 Pavement Engineering, Inc 3820 Cypress Drive, Suite 3 Petaluma, CA 94954 To Whom It May Concern: 10300 TORRE AVENUE • C;UPERTINO, CA 95014-3255 TELEPHONE: (408) 777-323 • FAX: (408) 777-3366 WEBSITE: www.cupertino.org Enclosed for your records are fully executed copies of the agreements with the City of Cupertino. If you have any questions or need additional information, please contact the Public Works department at (408) 777-3354. Sincerely, CITY CLERK' S OFFICE Enclosure