10-048 Kier and Wright Civil Engineers, Stelling Rd Sidewalk Improvements AGREEMENT
7i CITY OF CUPERTINO
V;)/)/C1 10300 Torre Avenue
Cupertino, CA 95014 �J
408 - 777 -3200 NO. / U _r o T
BY THIS AGREEMENT, made and entered into this e- day of , 2010, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Kier & Wright Civil Engineers, 3350 Scott Boulevard, Bldg 22,
Santa Clara, CA, 95054, (408) 727 -6665 (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:
Providing surveying services and preparing Plans, Specifications and Estimate (PS &E) package for sidewalk, driveway
and curb ramp construction.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A, "Scope of Work"
Exhibit B, "Fee Estimate"
TERMS: The services and /or materials furnished under this Agreement shall commence on June 15, 2010 and shall
be completed before December 31, 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Payment to be made on an hourly basis, not to exceed $55,700.
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 due
to negligence, errors and omissions, including all costs of defending any clairn, caused by or arising out of the performance of this Agreement. City
shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability, Contractor shall Tile 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 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 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: JO ENTERED
NAME: David Stillman 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 R: CITY OF CUPERTINO:
• By - X1-1 1-J�?A By
Ti tle Title 5EIVfoP Ctvr'rL- E d P+EER
APPROVALS EXPENDITURE DISTRIBUTION
- - MENT FaR-- DATE __ACCOIJNT NI IMBER AMOUNT
(O 110 -8601 -7014 $30,700
' "� d, � 270- 9451 -9300 $25,000
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Citv of Cupertino Stelling Road Sidewalk Improvement Project
February 5, 2010
David Stillman, City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
RE: Request for Proposal for Stelling Road Sidewalk Improvements
Dear Mr. Stillman,
Thank you for considering Kier & Wright Civil Engineers & Surveyors, Inc. as a candidate for
engineering consulting services. We have reviewed the preliminary drawings provided and
have also walked the subject area to further evaluate field conditions. Our understanding of
the project is that the City desires to improve /repair the existing street conditions within the
subject area as part of a federally funded sidewalk repair project. The scope of work for Kier &
Wright would include survey and design services for constructing new sidewalk, driveways and
curb ramps along the subject streets, in order to comply with current accessibility regulations.
Or field review of the scope has helped us develop' these key project goals:
• Design new ADA compliant standard driveway details for driveway replacement.
• Ensure ADA compliance at curb returns within street intersections.
• Ensure ADA compliance for a continuous path of travel in compliance with The Safe
Routes to Schools requirements.
We propose a breakdown of the scope into three stages of design, which are further described
in this proposal. An exhibit identifying specific areas of work has also been provided. This
proposal includes a detailed scope of work and pricing for the project. I have also included a
preliminary analysis of the existing street conditions as they relate to accessibility regulations.
This does not constitute a formal comprehensive review of accessibility conditions and
requirements, but will give you a better understanding of our findings to date.
We pride ourselves on quality services on any project, regardless of scope or size, and look
forward to this opportunity with the City. We hope this meets with your approval, please feel
free to call with any questions you may have regarding our proposal.
Sincerely,
KIER : WRIGHT
mml Nor
• Noori Pro - Manager
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
3350 Scott Boulevard, Bldg. 22 • Santa Clara, California 95054 • 408- 727 -6665 • 408-727-5641 - 1 -
EXHIBIT
A
City of Cupertino Stelling Road Sidewalk Improvement Project
PHASE I — PRELIMINARY DESIGN
1. Aerial Imagery and Base Topographic Mapping
The first scope of work will consist of establishing ground survey control tied into the City GIS
data network, aerial photogrammetry and field topographic survey. We propose to acquire
new aerial photogrammetry and supplement it with field survey data where needed. This
approach provides a greater accuracy than design based on aerial imagery, and also provides
the relevant data needed. Ensuring an accurate base will reduce the risk of conflicts during
construction and unexpected contractor change orders.
We will prepare base maps showing existing surface improvements only. Underground utilities
are excluded as it is not anticipated that the project will impact existing utility infrastructure.
The survey will utilize the City GIS for record right-of-way information and will also be tied to a
local City benchmark. The survey will include information gathered by the aerial imagery along
with field survey for data below tree canopies and supplemental information as needed. The
survey will carry horizontal and vertical control as necessary and will also show surface features
for curb, gutter, sidewalk, pavement, striping and other structures. In areas where curb, gutter
and sidewalk improvements are needed grades will be shown as spot elevations based on field
survey.
2. Project Meetings
Throughout the design process, our project team will maintain a close relationship with the City
to coordinate and provide updates to project status and design progress. Kier & Wright will
coordinate and setup project meetings with City staff. These meetings will be held at project
kick -off, review of 60% comments, review of 99% comments and for site construction visits.
3. Phase I Submittals
Upon completion of Phase I, Kier & Wright will provide to the City (2) bond hard copies of the
completed base topographic survey, aerial image and the electronic files in Autocad format.
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
3350 Scott Boulevard, Bldg. 22 • Santa Clara, California 95054 •408- 727 -6665 •408- 727 -5641 - 2 -
EXHIBIT A
City of Cupertino Stelling Road Sidewalk Improvement Project
PHASE I1— CONSTRUCTION DOCUMENTS
1. Driveways — Option A
In reviewing the existing street conditions, our opinion is that that one of the main driving
factors in the sidewalk improvement scope will be the location of the property lines adjacent to
private property. A preliminary review indicates that a 10' setback from face of curb to
property line exists along the majority of the project's streets. We believe this will allow the
City to reconstruct driveways without impact to private property, pending further field review.
This, along with the design scope in this proposal, is based on the assumption that the City -
provided GIS base map will provide accurate and sufficient right -of -way data. Our ability to
determine feasibility of the improvement scope will be limited only to the level of accuracy
provided by the City GIS maps.
We will need to design new City Standard Driveway construction details that allow for a
compliant path of travel across driveways. Typical details will be prepared that are applicable
to each case and condition encountered. The goal will be to minimize the amount of unique
driveway details in order to simply construction and ensure consistency.
2. Driveways — Option B
An alternative approach to the driveway replacements is provided so the City can make a better
determination on what level of detail they prefer to see in the construction documents. Option
A is the most cost effective design approach. It carries the assumption, however, that there will
be no impact to private property and minor discrepancies between the typical details and field
conditions will be handled in the field between the contractor and the City. With this
assumption it carries an increased risk of potential change orders and unanticipated field
constraints.
Option B is an alternate design approach that involves additional field survey and design review
up front, in order to help minimize potential field problems and change orders. We have
reviewed the driveway conditions along all the subject streets and determined that there are
four general conditions that apply to any given driveway. These are:
1. Standard Driveway with no existing sidewalk adjacent to one or both sides.
2. Standard Driveway with attached existing sidewalk adjacent to one or both sides.
3. Wrap- around Driveway with no existing sidewalk adjacent to one or both sides.
4. Wrap- around Driveway with attached existing sidewalk adjacent to one or both sides.
The type and quantity of driveways for the subject: streets is broken down below:
Road/Type Type 1 Type 2 Type 3 Type 4
Stelling Road 15 13 15 6
Greenleaf Drive 3 2 - -
Flora Vista Ave 3 - - -
Knowing these quantities and types, our alternate approach would be to field survey elevations
at each driveway in order to ensure compliant slopes can be met with the typical detail designs.
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
3350 Scott Boulevard, Bldg. 22 • Santa Clara, California 95054.408- 727 - 6665.408- 727 -5641 - 3 -
EXHIBIT A
City of Cupertino Stelling Road Sidewalk Improvement Project
An elevation would be surveyed at the flowline, rnidpoint and back of each driveway along the
centerline of driveway for a total of 3 points for each driveway. This information would then be
used to compare existing slopes with the right -of -way information and proposed driveway
designs. Should this analysis reveal that a typical detail will not provide a compliant accessible
path of travel across a driveway, a special detail and design would be done for that condition.
This involves a substantial amount of additional work on the design end, however, it provides a
much better assurance during construction that all field conditions have been evaluated and
accounted for. An alternate fee for this additional work is provided in the fee estimate at the
end of the proposal.
3. Sidewalks
Existing sidewalks will be checked for slope compliance via field survey to identify areas where
replacement may be necessary. However, the majority of work will fall under areas where no
sidewalk exists. Sidewalk details will be prepared for each typical case including dowel
connections to existing walks.
4. Curb Returns
At the project's street intersections curb ramps will need to be upgraded or newly constructed
to comply with slope and truncated dome requirements. These will be based on our newly
designed City Standard Details for curb return and perpendicular curb ramps where necessary.
5. 60% and 99% PS &E Documents
The PS &E (Plans, Specifications & Estimates) will be prepared in accordance with City
procedures, standards and specifications. Plans will include information and details necessary
to bid and construct the project. We anticipate that the City will provide all general conditions,
technical specifications and special provisions necessary.
• Submittals will be made at 60 %, 99% and 100% stages. Each submittal of the "PS &E
Package" will include (2) hardcopy plan sets and red -lined City markups from the
previous submittal along with an itemized response letter addressing all comments.
• An Itemized Engineer's Cost Estimates will also be prepared for our scope of work.
6. 100% Construction Drawings
Kier & Wright will incorporate the City comments into the 100% Construction Drawing
submittal and bring the plans to a complete biddable and construction -ready state. The
biddable set will be stamped and signed by the engineer(s) of record.
7. Phase II Submittals
• Upon completion of Phase II, Kier & Wright will provide to the City (2) bond
hardcopies of the project plans and estimates at each submittal interval.
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
3350 Scott Boulevard, Bldg. 22 • Santa Clara, California 95054.408- 727 -6665 • 408-727-5641 - 4 -
EXHIBIT A
City of Cupertino Stelling Road Sidewalk Improvement Project
PHASE III — BIDDING & CONSTRUCTION SERVICES
1. Bid Package Support
Kier & Wright will coordinate the 100% PS &E documents with the City's bid requirements,
provisions and processes. At this stage we will have a finalized engineer's estimate for the
scope of work involved and will prepare a complete itemized bid schedule including item
descriptions, unit types and quantities.
2. Bidder Questions
As part of our services we will respond to any requests for information /clarification on our
plans. Our primary point of contact will always be the City, not the contractors. An addendum
to the bid will be prepared and issued to the City for distribution, if necessary. This addendum
would include responses to all requests for information, revised plans (if needed) and other
necessary documentation. All RFIs and addenda will be coordinated directly through the City.
3. Requests for Information (RFI)
Kier & Wright and our team will provide the City, as our primary point of contact, with support
during the construction phase. Upon receipt of an RFI we will prepare a written response in an
expedient manner and respond through the City for approval and issuance to the contractor.
Any design revisions or material changes necessary shall be clearly described in each RFI along
with clouded revisions to the plans per City standards.
4. Meetings and Site Visits
Prior to construction we will attend the pre - construction kick off meeting. We will also attend
two field reviews. Upon construction close -out our team will coordinate with the City for their
walkthrough and punchlist evaluation if necessary.
5. Phase III Submittals
The following will be provided at this stage:
• Complete wet - stamped 100% Improvement Plans.
• Bid Schedules (Cost Estimate) with and without cost values.
• CD -ROM containing digital copies of all work products and supporting data.
• Prompt and complete responses to all Requests for Information including Addenda.
6. City Responsibilities
For the purposes of this proposal, several assumptions and expectations have been made for
the project. Based on our understanding of the project and discussions with the City, these
items are excluded from the proposal:
• City to provide electronic copy of GIS record data.
• Underground utility information will not be researched or included.
• Other agency work, approvals /coordination will be managed by the City such as
PG &E approvals, environmental clearances or other items that may be necessary.
• General Conditions, Technical Specifications, Special Provisions and Construction
Management will be provided by the City.
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
3350 Scott Boulevard, Bldg. 22 • Santa Clara, California 95054.408- 727 -6665 •408- 727 -5641 - 5 -
6 n
City of Cupertino Stelling Road Sidewalk Impro , 1
FEE ESTIMATE
The following fee estimate is based on the information we have to date. We propose to
perform the work on an hourly basis, not -to- exceed (NTE) the total contract amount. This will
allow us to complete our services without risk of budget impacts and at a lower cost to the City.
Additional work will only be performed after authorization from the City is received.
SCOPE OF SERVICES
PHASE I — PRELIMINARY DESIGN
1. Aerial Imagery & Base Topographic Mapping.
2. Meeting for Design Kick -off (1 Total).
Total proposed fee for Phase I: $ 15,400
PHASE II — CONSTRUCTION DOCUMENTS
1. 60% Design Plans, Specifications & Estimates (PS &E).
2. 99% Design Plans, Specifications & Estimates (PS &E).
3. Meetings for 60% and 99% Review (2 Total).
Total proposed fee for Phase II: $ 15,200
PHASE III — BIDDING & CONSTRUCTION SERVICES
1. 100% Design Plans, Specifications & Estimates ;PS &E) for Bid Issuance.
2. Support Services during bidding process.
3. Coordination and responses to RFIs.
4. Meetings for Pre - Construction Kickoff and Field Reviews. (3 Total).
Total proposed fee for Phase III: $ 13,900
Total Proposed Fee for Services: $ 44,500
ADD - ALTERNATE FOR OPTION "B" SERVICES
PHASE I — PRELIMINARY DESIGN
1. Additional Field Survey for approximately 60 driveways.
Total proposed fee for Phase I Add: $ 5,200
PHASE II — CONSTRUCTION DOCUMENTS
1. Analysis of existing cross slopes at each driveway.
2. Design of custom details for special driveway cases (estimated at 5 total).
Total proposed fee for Phase II Add: $ 6,000
Total Proposed Fee for Add - Alternate: $ 11,200
EXCLUSIONS
1. Printing, Plotting, Deliveries & Other Reimbursables (billed at cost).
2. Utility or Other Designs not outlined in proposal.
3. Exclusions outlined in City Responsibilities Section.
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
3350 Scott Boulevard, Bldg. 22 • Santa Clara, California 95054 •408- 727 - 6665.408- 727 -5641 - 6 -