01-031 Pavement Engineering, Inc-~3 ~
~~ AGREEMENT
~~~~ t CITY OF CUPERTINO
10300 Torre Avenue
CITY 0~ /~ ~ 9 9 upertino, CA 95014
~ ~ P E T i ~J / (408) 777-3200
BY THIS AGREEMENT, made and entered into on the 23rd
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Pavement engineering, Inc. _ (2)
Address 1301 Rand Street, Suite D City Petaluma Zip 94954 Phone~707~ 769-5330
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Provide Testing & Inspection Services for th 20o 1 Ann al Overlay Project
EXHIBITS: The following attached exhibits hereby are made part oef this /agreement:
See Pro~pposal mark d Exhj~l~i~ "~' Jul 2
TERMS: TfSe services and/or materia s urnis ed under this Agreement shall commence on y 3, 2001
and shall be completed before November 30, 2001
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not To Exceed $90,285.00
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in
excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and
liability 'ncluding all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liat I~for acts of Contractor in performing services described herein.
due to ne~~~~1 en~e, a rors and o is ins ~ LoNS~7AN'/C~ON''"+C*"~
Insurance: Should the`City~equire evidence of insurabi~ti y, G~on~ract~~r shall file with Clty a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color,
national origin, ancestry, religion or sex of such person.
Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the
relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent
contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor
certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of Ciry.
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 CO-ORDINATOR and representative for CITY shall be:
NAME Carmen Lynaugh DEPARTMENT Public Works
This Agreement shall become effective upon its execution by t:ITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
GCNSu~aAa'f
MENT ENGINEERING INC. C-1TY CUPERTINO:
i
Title c.. Title Public W
Soc. Sec. #
APPROVALS
EXPENDITURE DISTRIBUTION
T EA
~ L E ACCOUNT NUMBER AMOUNT
'~~ Vl.^
/ r ~
r . 1.
CITY CLER DATE
/~~ ~ ~
270-9450-9300 ~
$90,285.00
NO(~.~~~ ./ !/
day of July , 20 O 1 ,
White: City Clerk Green: Finance Yellow: Contractor Pink: eceivirig Gold: Department
Pavement Engineering lnc.
• Civil Engineers Materials Testing
Specializing in Pavement Rehabilifafion
July 11, 2001
Ms. Carmen Lynaugh
Public Works Project Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
EXHIBIT ~
~UBtIC WORK
MP01-121
Subject: Proposal for Testing and Inspection Services
for 2001 Annual Overlay Project
Dear Carmen:
In accordance ~vit.h your rc~gliest, .ae are provide ng a ~rcnr_ sal for
Testing and Inspection Services. Our scope of work will consist of
providing an inspector for all preparation work; adjusting
utilities; grinding and keycutting; and miscellaneous items
associated with the project. A two man crew will be provided
during placement of the asphalt c~~ncrete overlay. One technician
will perform sampling and laydotim inspection and one technician
will perform compaction testing.
Our inspection and testing fees are provided on a per day rate
based on current prevailing-wage rates for the south Bay Area. The
amount of.time for each control.Ling item of the work has been
estimated based on previous perf~~rmance rates for similar work.
Actual number of inspection days may vary based on contractor's
schedule. The following is a summary of the proposed fees:
RATE FEE
INSPECTOR:
Lowering Utilities 14 days $950.00/day $13,300.00
Keycuts, Grinding & Digouts 24 days $950.00/day 22,800.00
Adjust Utilities to Grade 17 days $950.00/day 16,150.00
PAVING:
Sampler Obtaining Asphalt Sample 10 days $950.00/day 9,500.00
and Inspecting Laydown
Technician Performing Compaction 10 days $950.00/day 9,500.00
Testing
Gauge Correlation) 2 each 950.00/each 1,900.00
1Gauge correlation cost is based on correlating gauges with Contractor's coring
operation. If this cannot be accomplished, (zau ge Corr elation by PEI will require
coring and the cost will total $5,700.
1301 Rand Street, Suite D, Petaluma, CA 94954-113: Tel. (707) 769-5330 Fax (707) 769-5333
20260 Skypark Drive, Redding, CA 96002-9221 ~ Tel. (530) 224-4535 Fax (530) 224-4539
1248 Laurel Lane, Suite B, San Luis Obispo, CA 93401-~ 860 Tel. (805) 781-2265 Fax (805) 781-2267
1523 Greg Street, Sparks, NV 89431-5915 1"el. (775) 358-7097 Fax (775) 358-7297
Ms. Carmen Lynaugh
July 20, 2000
MP2K-114
Page 2
Asphalt Concrete Mix Testsz
Includes : CTM 366 - stability
CTM 308 - LTMD
ASTM D2041 - Rice Gravity
CTM 392 - Oil Content
PRINCIPAL ENGINEER:
CONTRACT ADMINISTRATION:
TY RATE
L1 tests 785.00/test
?0 hours 150.00/hour
55 hours 100.00/hour
FEE
8,635.00
3,000.00
5,500.00
The total cost for providing these services is $90, 285 . This i.s an
estimated cost based on our knowledge of construction practices.
If additional time is required on ~~ur part to complete the project,
we will notify you in advance.
We appreciate the opportunity to continue working with the city of
Cupertino. If you have any questions, please do not hesitate to
give me a call at (707) 769-5330.
Very truly yours,
PAVEMENT ENGINEERIN I
!~
~ /~ /,,
i W sden ,~/~~
Project Manager
Attachment: Proposal Conditions
pc: C File
M File
MP File-R/P/S
2Includes one set of mix tests prior to mainline paving and one set of tests per
paving day.
F:\Data Files\MARKET\Proposa1.01\MPO1-121.pr.wpd
l~
PROPOSAL CONDITIONS
1. Proposal is valid for thirty days from the date of the proposal.
2. All work shall be performed utilizing common methods and practices of the civil
engineering profession. Reports and construction documents will be signed by
a registered civil engineer.
3. Fees for Lump Sum or Unit Price Proposals will be charged at the quoted price.
The quoted prices include all laboratory testing costs. Fees for Engineering and
Technical Services on a T irne anu iVlaterials Basis viii be charged at the
applicable hourly rates of the current: PEI Fee Schedule.
4. The proposal is based upon providing liability insurance with limits up to
$1,000,000.
5. One copy of an Engineering Report or Plans and Specifications will be provided
to the Owner of a project. Additional copies are $35 each.
6. Payment: Invoices will be submitted at the completion of the work for
Engineering Reports. Inspection feE~s will be invoiced on a monthly basis. All
invoices are due upon receipt. Interest of 1-1/2% per month (but not exceeding
the maximum rate allowable by law) will be payable on any amounts not paid
within 30 days, payment thereafter to be applied first to accrued interest and then
to the principal unpaid amount. Attorneys fees or other costs incurred in
collecting any delinquent amount shell be paid by the client.
F:\Data Files\MARKET\Proposa1.01\MPO1-121.pr.wpd
~~`
Cii} OF
CI~PEI~T110
/~~c9`~
~'~~ I NO.D~Z~
AGREEMENT O
CITY OF CIJPERTINO
10300 Torre Avenue
Cupertino, ~~A 95014
(408) 777-3200
BY THIS AGREEMENT, made and entered into on the day of , 20 ,
by and between the CITY OF CUPERTINO (Hereinafter referred to a.s CITY) and
Name (1) PAVEMENT ENGINEERING, TNC: _ (2)
Address 1301 RAND ST. , STE. D City PETAI,UMA Zip94954-1 1 ~9 Phone(7D7) 769-5330
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
ENGINEERING SERVICES FOR 2001 ANNUAL OVERLAY PROJECT -CONTRACT DOCUMENT PHASE
EXHIBITS: The following attached exhibits hereby are made part of I:his Agreement:
ENGINEERING SERVICES PROPOSAL -EXHIBIT "A"
TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on APRIL 10, 2001
and shall be completed before DECEMBER 1, 2001
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
NOT TO EXCEED $65,515.00
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in
excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless: Contractor agrees to save and hold harmless the Ciiy, its officers, agents and employees from any and all damage and
liability 'ncluding all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liabl for acts of Contractor in performing services described herein.
due to negligence, errors and omissions,
Insurance: Should the City require evidence of insurability, Contract~~r shall file with City a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color,
national origin, ancestry, religion or sex of such person.
Interest of Contractor: It is understood and agreed that this Ag~eement is not a contract of employment in the sense that the
relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent
contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor
certifies that no one who has or will have any financial interest under this Agreement is 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 CO-ORDINATOR and representative for CITY shall be:
NAME rARMF.N T.vNAIS~ DEPARTMENT PUBLIC WORKS
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.
CONTRACT PAVEMEN ENGINEERING INC.
~~
By
Title President
~, #
AP ROV LS
CITY O CUPERTINO:
Ely
1~itle
EXPENDITURE DISTRIBUTION
RT H AD ~ I O ACCOUNT NUMBER AMOUNT
r
cITYC RK DATE ^~
~ ~G ~~ ,;?70-8404-7016
~ $65,515.00
White: City Clerk Green: Finance Yellow: Contractor ~ Plnk. Receiving Gold: Department
Pavement Engineering Inc.
• Civil Engineers Materials Testing
Specializing ~ Pavement Rehabilitation
April 4, 2001
Ms. Carmen M. Lynaugh
Public Works Projects Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
p(FNBIT A
ot~~ClC W~IQ MP01-053
~~~ ~ /(s'
,~~~~
Subject: 2001 Annual Overlay Contract Documents
Dear Carmen:
As requested, we are providing ouzo proposal to perform engineering
services for the subject project. Our proposal is based on
performing similar services for previous projects.
Included for your review is ou:r description of services, fee
proposal and breakdown, proposed X~roject schedule and a listing of
similar projects. Please feel free to call us if you have any
questions regarding this proposal. We look forward to another
successful overlay project with the City of Cupertino.
Very truly yours,
PAVEMENT ENGINEER
Project
s
Attachments: Description of Services
Fee Proposal and Breakdown
Professional Fee S~~hedule
Proposed Schedule o
Related References
Proposal Conditions
pc: C File
M File
MP Files P/S/R
1301 Rand Street, Suite D, Petaluma, CA 94954-113f~ Tel. (707) 769-5330 Fax (707) 769-5333
20260 Skypark Drive, Redding, CA 96002-9221. Tel. (530) 224-4535 Fax (530) 224-4539
1248 Laurel Lane, Suite 8, San Luis Obispo, CA 93401-5860 Tel. (805) 781-2265 Fax (805) 781-2267
1523 Greg Street, Sparks, NV 89431-5915 -, el. (775) 358-7097 Fax (775) 358-7297
EXHI&T A
DESCRIPTION OF SERVICES
Preparation of Contract Documents and Cost Estimate for the 2001 Annual Overlay
Project.
Pavement Evaluations Including Deflection l~esting
PEI will perform deflection testing arn1 analysis on the overlay candidate streets
identified in the attached list prepared by the City. The deflection analysis will be
performed in general accordance with California Test Method 356 (CTM 356).
Deflection tests will be performed at 100 foot maximum intervals in each lane
(minimum of 10 tests per lane). Coring will be performed at 500 foot maximum
intervals over the street segment (minimum 2 cores per street segment). Traffic
control will be provided using a follow vehicle with a towed arrowboard on arterial
and collector streets. Flagging will be provided as needed. The City of Cupertino
will provide the traffic index of each project street.
We have found that residential streets ~~re excellent candidates for pulverization and
resurfacing. To assist us with this analysis, we will also determine the total
structural section (AC and AB) and the native soil's R-value.
The deflection testing and coring data will be included in the project development
binders for each street. However, consistent with past projects, no formal deflection
testing report will be prepared. Goincf straight from the raw analysis and data to
design saves considerable design funds.
Preparation of Contract Document and Cost Estimate
We will prepare the documents based on our approach in past years. All field
quantities of physical elements to be incorporated in the rehabilitation work of each
street will be measured and recorded. This information will include location of
existing striping, pavement markers and paint markings; location of underground
utility covers; limits of paving transitions, digouts, and other pavement repairs; and
total area of pavement to be resurfaced. We will also record all corners which will
require handicap access ramps and include this information as part of the contract
documents. If any other concrete repairs or tree root damage is identified during
our field reviews this work will be noted and brought to the City's attention to
determine if the repairs should be added to the contract. The existing striping is to
remain unchanged except as indicate~~ by the City.
All field quantities will be compiled intro individual engineer's estimates by street
segment. A summary spreadsheet of the entire project will be provided. Technical
specifications will be drafted and details for typical sections, transitions, keycuts,
digouts, and additional pavement work will be prepared. Any portions of the
F:\Data Files\MARKET\Proposa1.01\MPO1-053.pr.wpd
EXHIBIT A
maintenance work which require furthE~r clarification will be submitted in the form of
drafted plan views, details, elevations, or cross sections, as is necessary. All such
details are anticipated to be 8-1/2 x 11 in size and will be bound into the
specification package. This information will be submitted to the City as part of the
90% design submittal.
After review of the 90% submittal, wE~ will meet with the City staff to resolve any
outstanding issues and will adjust the contract documents accordingly.
Bidding Process Support Services
After the final submittal, we will be available to answer any specific questions from
the City concerning the design and they technical issues of the contract documents.
Should the need arise, we will preparE~ an addendum as required. In addition, we
will also be available for help with questions from the contract administration
personnel or from contractors during the bidding process.
Construction Inspection and Support Services
PEI will provide construction inspection and support services similarto past projects.
We will provide a detailed scope of services and our fees after the completion of the
contract documents.
F:\Data Files\MARKET\Proposa1.01\MPO1-053.pr.wpd
CITY OF CIJPERTINO ~~~'~~~
PROPOSAL FOR ENGINEERING SERVICES
FOR
2001 ANNUAL OVIERLAY PROJECT
PLANS, SPECIFICATION AND ESTIMATES
PROPOSAL FEE & FEE BREAKDOWN
Pavement Engineering Inc.'s fee for the work. is based on similar services provided to the
City. Our estimated hours are based on the attached project street list and providing
similar services as in past projects. Our estimated fees for the total project, include all field
work, design work and contract document dE~velopment up to completion of the project.
Our fees also include answering questions during the bid process and preparation of
Addendum if necessary. All fees and costs associated with this project are subject to final
negotiation with the City of Cupertino. The attached proposal conditions apply.
The following Breakdown shows our projectE~d costs for each portion of the project:
Preparation of Contract Documents and Cost Estimate for the 2001 Annual Overlay
Project.
STRUCTURAL TESTING FEES
Description No. of Hours Rate Total
Principal Engineer 36 $150 $5,400
Associate Engineer 9 $120 1,080
Engineering Technician 12 $ 85 1,020
Dynaflect 12 $250 3,000
Coring 15 $195 2,925
Traffic Control 27 $150 4,050
Flagman 27 $ 75 2,025
Per Diem (3 days/3 persons 9 $125 1,125
Mobilization - - 880
R-Value Tests 16 ea. $195 ea. 3.120
Total: $24,625
CONTRACT DOCUMENTS
Description No. of Hours Rate Total
Principal Engineer 36 $150 $5,400
Associate Engineer 51 $120 6 120
Engineering Technician 302 $ 85 25,670
Per Diem (5 days/2 persons) 10 $125 1,250
Draftsman 28 $ 75 2,100
Other (reproduction, check sets etc.) - --- 350
Total: $40, 890
Total Design Services: $65,515.00
EXHIBIT A
Construction Inspection and Support Services
An estimated cost for providing construction inspection and support services will be
submitted after the completion of the contract documents. Typically, our fees for
this service are approximately 4% to Ei% of the construction cost.
PAVEN~NT ENCeINEERING INC .
1301 Rand Street, Suite D ~C:XH~g~~
Petaluma, C:A 94954-1139
PROFESSIONAI, FEE SCHEDULE
Engineering Services
Senior Principal Engineer $175/hr
Principal Engineer $150/hr
Senior Associate Engineer $140/hr
Associate Engineer $120/hr
Visual Condition Surveys $200/hr
Technical Services
Engineering Technician $85/hr
Inspector* $85/hr
Draftsman $75/hr
Programming/Data Manipulation $65/hr
Clerical $55/hr
Field Services
Dynaflect* $250/hr
Dynaflect Travel* $110/hr
Coring/Sampling* $175/hr
Traffic Control* $125/hr
* Two (2) hour minimum
Basis of Charges
General
Fees for Lump Sum or Unit Price Proposals will be charged at the
quoted price. The quoted prices include all laboratory testing costs.
Fees for Engineering and Technic~~l Services on a Time and Materials
Basis will be charged at the applicable hourly rates. The minimum
charges for any service is $350. Fees are charged in increments of
one-half hour. Services are charged portal-to-portal. Inspection
Services will include one hour of office administration. Portal-to-
portal calls may be subject to mileage charges. Regular working hours
are the first 8 hours between 7 P,M and 6 PM, Monday through Friday,
holidays excluded. Work reque:;ted or performed outside these
parameters is subject to the following additional premium time
charges:
Engineers: $55/hr
Technicians: $40/hr
Miscellaneous Charges
Per Diem Subsistence: $125/day
Mileage: $.50/mile
Travel Expenses, Equipment Rental,
Reproductions, Testing (other than
by PEI), Photographic Expenses and
other Outside Services: Cost + 150
Payment
Invoices will be submitted either semi-monthly or monthly and are
payable upon receipt. Interest of 1-1/2 o per month (but not exceeding
the maximum rate allowable by law) will be payable on any amounts not
paid within 30 days, payment there,~fter to be applied first to accrued
interest and then to the principal unpaid amount. Attorneys fees or
other costs incurred in collecting any delinquent amount shall be paid
by the client.
11/02/00
~CFUBIT A
PROPOSED WORK SCHEDULE
Preparation of Contract Documents and Cost Estimate for the 2001 Annual Overlay
Program
Item Description
1 Kick-off Meeting
2 Pavement Evaluation for Overl;~y
Program (deflection testing, coming
and R-value analysis)
3 Prepare Overlay Design Package
4 Submit Plans, S ecifications
and Estimates (90% Complete;
to City.
5 City Review of Design PackagE~
6 Prepare Final Package
7 Submit Plans, S ecifications
and Estimates (100% CompletE~)
to City .
Estimated Time to Completion
Within First Week after
Receiving Notice to Proceed
2 Weeks after Item 1
4 Weeks after Item 2
6 Weeks after Item 1
2 Weeks after item 4
2 Weeks after Item 5
2 Weeks after Item 5
Task Week
1 Week
2 Week
3 Week
4 Week
5 Week
6 Week
7 Week
8 Week
9 Week
10 Week
11
1
2
3
4
5
6
7
F:\Data Files\MARKET\Proposa1.01\MPO1-053.pr.wpd
_.,~XHIBIT' ~-
RELATED REFERENCES
City of Cupertino Performed Pavement Evaluation and Deflection Testing
Carmen Lynaugh and Prepared Contract Documents for the following
408-777-3215 recent projects:
2000 Foothill ~snd Stevens Creek Overlav
1999 Rehabilitation Project (De Anza Boulevard, Stevens
Creek Boulev~s~
City of Camarillo Performed Pavement Evaluation, Deflection Testing and
Sonny Murillo Prepared Contract Documents for the following projects:
805-388-5345 2000 Overlav and Slurry Seal Program
1999 Overlav and Slurry Seal Program
1998 Deflection Analysis -Los Posas Road
1997-98 Overpay and Slurry Seal Program
1996-97 Overly Program
City of Oxnard Performed Pavement Evaluation, Deflection Testing and
Public Works/Operations Prepared Contract Documents for the following recent
Ray Williams projects:
805-385-8051 1999 Deflection Testina
1999 Downtovun Lighting & Parking
1998 Arterials Overlay Project
Oxnard Community Center
Pleasant Valls~y Road Rehabilitation Project
1998 Arterials Resurfacing Project
County of Lake Performed Pavement Evaluation, Deflection Testing and
Tom Peters Prepared Contract Documents for the following recent
707-263-2341 projects:
2000 Rehabilil:ation of Multiple Parking Lots
2000 Main Street Rehabilitation Project
2000 North Mein Street Rehabilitation Project
1999 Overlay Project -Various Streets
City of Santa Clarita Performed Pa~rement Evaluation and Deflection Analysis
Mike Salvani 1999-00 Overlay and Slurry Seal Program
661-286-4171 City Wide PMS Update
1997-98 Overlay and Slurry Seal Program
City of Citrus Heights Performed Pa~rement Evaluation and Deflection Analysis
Gary Baker, Consultant Auburn Boulevard
916-772-7742 1999-01 Deflection Analysis Contract
Additional References Supplied on Request
F:\Data Files\MARKET\Proposa1.01\MPO1-053.pr.wpd
EXHIBIT A
PROPOSAL CONDITIONS
1. Proposal is valid for thirty days from the date of the
proposal.
2. All work shall be performed utilizing common methods and
practices of the civil engir.~eering profession. Reports and
construction documents will be signed by a registered civil
engineer.
3. Fees for Lump Sum or Unit Price Proposals will be charged at
the quoted price. The quotE~d prices include all laboratory
testing costs . Fees for Engineering and Technical Services on
a Time and Materials Basis will be charged at the applicable
hourly rates of the current PEI Fee Schedule.
4. The proposal is based upon providing liability insurance with
limits up to $1,000,000.
5. One copy of an Engineering RE~port or Plans and Specifications
will be provided to the Owner of a project. Additional copies
are $35 each.
6. Payment: Invoices will be submitted at the completion of the
work for Engineering Repoz~ts. Inspection fees will be
invoiced on a monthly basis. All invoices are due upon
receipt. Interest of 1-1/2o per month (but not exceeding the
maximum rate allowable by law) will be payable on any amounts
not paid within 30 days, p~iyment thereafter to be applied
first to accrued interest a:ad then to the principal unpaid
amount. Attorneys fees or other costs incurred in collecting
any delinquent amount shall be paid by the client.
F:\Data Files\MARKET\Proposa1.01\MPO1-053.pr.wpd