17-038 Pavement Engineering Inc., Maseter Agreement for Inspection and Asphalt Testing & Concrete Design Consultant ServicesMASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
PAVEMENT ENGIN E ERING INC. FOR INSPECTION AND ASPHALT TESTING &
CONCRETE DESIGN CONSULTANT SERVICES
THIS MASTER AGREEMENT, for reference dated March 8, 2017, is by and between
CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and,
PAVEMENT ENGINEERING, INC. whose address is 3820 Cypress Drive, Suite 3,
Petaluma, CA, 94954-6964; telephone no . (707) 769-5330 [(hereinafter referred to as
"Consultant"), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly ex isting under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and
the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform the
speci al servi ces which will be required by this Agreement ; and
C. Consultant possesses the skill, experience, ability, background,
certificat ion and knowledge to provide the serv ices described in this Agreement on the
term·s and condit ions describ e d herein.
D. City and Consultant desire to enter into an agreement for Program and
Projec t Managem e nt Services upon the terms and conditions here in.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
patiies as follows :
1. TERM:
The term of this Agreement shall commence on the date this agreement is
ex ecuted and shall terminate on June 30, 2018 unless term inated earlier as set forth
herein. At City 's sole discretion, City may exercise an opt ion to extend the contract term
for up to si x months. This City shall exercise this option, in writing, on or before June 1,
20 18 .
Ci ty of C up ert ino
In specti on a nd A sp h a lt Tes tin g & Co n crete Des ign Services -PEI , Inc .
Consultant Master Agreement
Page 1 of 14
2. SCOPE OF SERVICES
Consultant shall provide services under this Master Agreement on an "as
needed" basis and as set forth in, Exhibit A, Scope of Services, and as specifically
defined in a fully executed Service Order as set forth in Exhibit B, Service Order
Process; both Exhibits which are attached hereto and incorporated herein by this
reference. The City has sole discretion to authorize any Service Order and has no
obligation to do so under this Master Agreement.
3. SCHEDULE OF PERFORMANCE:
All Consultant services under this Master Agreement shall be completed on or
before the end of the Master Agreement Term. Each authorized Service Order shall
include its own defined Schedule of Performance. In no case shall any Service Order's
schedule of performance extend beyond the Master Agreement Term.
4. CONSULTANT COMPENSATION:
The maximum compensation to be paid to Consultant under this Master
Agreement shall not exceed Four Hundred Sixty Nine Thousand Two Hundred Fifty
Dollars ($474,250). The rate of payment is set out in Exhibit C, titled "Compensation",
which is attached hereto and incorporated herein. No payment shall be made under this
agreement unless authorized by a fully executed Service Order, beginning with Exhibit
A-1. The sum of all Service Orders authorized shall not exceed the maximum
compensation for this Master Agreement as defined above.
5. METHOD OF PAYMENT:
The method of payment for services performed under this agreement is set out in
Exhibit C, titled "Method of Payment", which is attached hereto and incorporated herein.
Consultant shall furnish to City a detailed statement of the work performed for
compensation during the term of this Agreement. Consultant may submit monthly
invoices for interim progress payments during the course of each authorized Service
Order, clearly stating; the total Contract amount, amount paid to date, the work
performed and percent complete, and amount due.
City of Cupertino
In s p ection and Asphalt Te s ting & Concrete De sign Services -PEI, Inc.
Consultant Master Agreement
Page 2 of 14
All requests for payment from Consultant to City shall be addressed to the City to:
Attention: Roger Lee
City of Cupertino
10300 Torre Ave.
Cup ertino CA 95014
6. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance
of this Agreement.
7. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the practice of a professional that specializes in performing professional services of
a like nature and complexity, and agrees that all services shall be performed by simila rly
qualified and experienced personnel who are not employed by the City nor have any
contractual relationship with City.
8. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of employer-independent contractor. The manner and means of
conducting the work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees, including but not
limited to, unemployment insurance, workers' compensation plans, vacation and sick
leave are available from City to Consultant , its employees or agents. Deductions shall
not be made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer-employee relationship from any fees
due Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
9. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable !RCA or other federal, or state rules and regulations.
Consultant shall ind emn ify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
10. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
City of Cupertin o
In spection and Asphalt Testing & Concrete Design Services -PE I, Inc.
Consultant Master Agreement
Page 3 of 14
unacceptable employer/employee conduct, Consul tant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a c itizen by
Consultant or Consultant's employee or subcontractor on the basis of race, religious
creed, color, national origin, ancestry , handicap , disab ility, marital status , pregnancy ,
se x, age , or sexual orientation will not be tolerated. Consu ltant agrees that any and all
v iolations of th is provision shall constitute a material breach of this Agre e ment.
11 . PROJECT COORDINATION
CITY : The Director of Public Works, or designated agent, shall be representat ive
of C ity for all purposes under this Agreement. Roger Lee is hereby designated as the
Director of Public Works ' agent and shall supervise the progress and ex ecution of this
Agreement.
CONSUL TANT : Consultant shall assign a single Consultant Project Executive to
have ove rall responsibility for the progress and execution of this Agreement for the
Consultant. If, subsequent to the exe c ution of the Agreernent, circumstances or
conditions require a substitute Consultant Project Executive for any reason , the
proposed replacemen t Consultant Project Manager shall be subject to the prior written
acceptance and approval of the C ity Directo r of Public Works or the above named
designated agent.. The des ignated Consultant Project Executive for the Agreement
term shall be Paul Curren.
12 . HOLD HARMLESS:
A. In d emnity Obligations Subject to Civil Code Section 2782 .8.
Where Consultant's se rv ices fall within Civi l Code Section 2782.8 and where the law
establishes a standard of care for Consultant's professional services, and to the extent
the Consultant breaches or fails to meet such established standard of care, or is alleged
to have breached o r fa iled to meet such standa rd of care, Consultant shall, to the fullest
extent allowed by law, w ith resp ect to a ll services performed in connection with the
Agreement, indemnify, defend , and hold harm less the City and its officers , offic ials ,
agents, employees and volunteers from and against any and all liability, claims, actions,
causes of action or demands whatsoever against any of them, including any injury to or
death of any person or damage to property or other liability of any nature, that a rise out
of, periain to , or relate to the neglig e nce, recklessness, or wi ll ful misconduct of
Consultant or Consultant's employees, officers, officials , agents o r independent
contractors. Such costs and expenses shall include reasonable attorneys' fees of
c ounsel of City 's choi ce , expert fees and all other costs and fees of litigation.
Consultant shall not be ob ligated under this Ag reement to indemnify City to the extent
that the damage is caused by the sole o r active negligence or willful mis conduc t of City ,
its agents or employees .
Notwithstand ing the forego ing, the Consultant has no duty to provide o r to pay for an
City of Cu pertino
In s pecti on and Asp halt Tes tin g & Conc rete Design Se rv ices -P E I, In c .
Consultant Master Agreement
Page 4 of 14
up-front defense against unproven claims or allegations , but shall pay or reimburse the
City for its reasonable attorneys' fees of counsel of City's choice, expert fees and all
other costs and fees of litigation to the ex tent caused by the negligence, recklessness,
or willful misconduct of Consultant or its employees , officers , officials, agents or
independent contractors. However, the Consultant shall provide its immediate
cooperation to the City, at no additional cost to the City, in defending and resolving such
claims.
B. Claims for Other Liability.
For all liabilities other than those included within paragraph A. above, Consultant
shall, to the fullest extent allowed by law, with respect to all services performed in
connE?ction with the Agreement , indemnify, defend, and hold harmless the City and its
officers, officials, agents , employees and volunteers from and against any and all
liability, claims , actions, causes of action or demands whatsoever against any of them,
in c luding any injury to o r death of any person or damage to property or other liability of
any nature, whether physical, emotional, consequential or otherwise, arising out,
pertaining to, or related to the performance of this Agreement by · Consultant or
Consultant's employee s, offic ers, officials , agents or independent contractors. Such
costs and expenses shall i nclude re asonable attorneys' fees of couns e l of City's choice,
expert fees and all other co sts and fees of litigation.
13 . INSURANCE :
On or before the commencement of the term of this Agreement, Consultant shall
furn ish City with cetiificates showing the type , amount , class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraphs 12A, B, C , D and E. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement: "Should any of
the above insurance covered by this certificate be canceled or coverage reduced before
the expiration date thereof, the insurer affording coverage shall provide thirty (30) days'
advance written notice to the City of Cupertino by certified mail, Attention: City
Manager." It is agreed that Consultant shall ma intain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements nam i ng the City as
additional insured shall be submitted with the insurance certificates .
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
City of Cupe rtin o
(1) Workers' Compensation :
Statutory coverage as required by the State of California.
(2) Liability :
Commercial general liability coverage in the following minimum
lim its :
Ins pecti on and Aspha lt Tes tin g & Concrete Desig n Services -PE I, Inc .
Consultant Master Agreement
Page 5 of 14
(3)
Bodily Injury: $500,000
each occurre nce
$1,000,000
aggregate -all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted , combined single limit policy with aggregate limits in the
amounts of $1,000,000 will be considered equivalent to the
requ ired minimum limits shown above.
Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he/she has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants
to City, on behalf of any insurer provid ing comprehensive general and automotive
liability insurance to either Consultant or City with re spect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance .
C. FAILURE TO SECURE :
If Consultant at any time duri ng the ter·m hereof should fail to secure or maintain
the foregoing insurance, City shall be permitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted by
law and computed from the date written notice is received that the premiums have not
been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and comm1ss1ons, officers, employees and
volunteers shall be named as an additional insured under all insurance coverages ,
except any professional liability insurance, required by this Agreement. The naming of
an additional insured shall not affect any recovery to wh ich such additional insured
would be entitled under this policy if not named as such additional insured . An
additional insured named herein shall not be held liable for any premium, deductible
portion of any loss , or expense of any nature on this pol icy or any extension thereof.
Any other insurance held by an additional insured shall not be required to contribute
anything towa rd any loss or expense covered by the insuran c e p rovided by this po licy .
E. SUFFICIENCY OF INSURANCE:
City of Cup e rtino
In s pe ct ion a nd Asph a lt Te sting & Concre te Desi gn Se rv ices -PEI , In c.
Consultant Master Agreement
P age 6 of 14
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant is advised to confer with Consultant's insurance broker
to determine adequate coverage for Consultant.
14. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a conflict
of interest form or Statement of Economic Interest (Form 700) if the services provided
under this Agreement require Consultant to make certain governmental decisions or
serve in a staff capacity as defined in Title 2, Division 6, Section 18700, et seq .o f the
California Code of Regulations.
Ci ty of Cupertino
Inspection and Asphalt Testing & Concrete Design Services -PEI , Inc .
Consu ltant Master Agreement
Page 7 of 14
15. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement,
or any interest therein, directly or indirectly, by operation of law or otherwise, without
prior written consent of City. Any attempt to do so without said consent shall be null and
void, and any assignee, sublessee , hypothecate or transferee shall acquire no right or
interest by reason of such attempted assignment, hypothecation or transfer. However,
claims for money by Consultant from City under this Agreement may be assigned to a
bank, trust company or other financial institution without prior written consent. Written
notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50%) or
more of the voting power of the corporation.
16. SUBCONSULTANT APPROVAL:
Unless prior written consent from City is obtained, only those people and sub-
consultants whose names are included in this Agreement shall be used in the
performance of this Agreement.In the event that Consultant employs sub-consultants,
such sub-consultants shall be required to furnish proof of workers' compensation
insurance and shall also be required to carry, at a minimum, general, automobile and
professional liability insurance equal to the insurance maintained by the Consultant as
required by this agreement. In addition, any work or services subcontracted hereunder
shall be subject to each provision of this Agreement.
17. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, ce,iificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
City of Cupertino
Inspection and Aspllalt Tes ting & Concrete De sig n Se1vices -PEI, Inc .
Consultant Master Agreement
Page 8 of 14
18. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City
the copyright to Reports created pursuant to this Agreement. Any Report, information
and data acquired or required by this Agreement shall become the property of City, and
all publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others ;
(3) Subsequent additions to the original project; and/or
( 4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
F. Electronic and hard copies of Consultant's work product shall constitute
the Project deliverables. Documents shall be in Microsoft Word and PDF formats. City
holds Consultant harmless for any modifications to the documents.
19 . RECORDS:
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified
and readily accessible. Consultant shall provide free access to such books and records
to the representatives of City or its designees during normal business hours , and gives
City the right to examine and audit same, and to make transcripts therefrom as
necessary, and to allow inspection of all worl<, data , documents, proceedings and
activities related to this Agreement. Such records, together with supporting documents,
shall be kept separate from other documents and records and shall be maintained for a
period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records, and the City's supplemental
City of Cupertino
Insp ection and A sphalt Tes ting & Co ncre te Design Services -PEI, Inc .
Consultant Master Agreement
Page 9 of 14
examination or audit of the records discloses a failure to adhere to appropriate internal
financial controls, or other breach of contract or failure to act in good faith , th e n
Consultant shall reimburse City for all reasonable costs and expenses associated with
the supplemental exam ination or audit.
20. NOTICES:
All not ices, demands , requests or approvals to be given under this Agreement
shall be given in writ ing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All not ices , demands, requests, or approvals from Consultant to City shall be
addressed to City at:
City of Cupert ino
10300 Torre Ave.
Cupert ino CA 95014
Attention: Roger Lee
Al l notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
Pavement Engineering , Inc.
3820 Cypress Drive , Suite 3
Petaluma , CA, 94954-6964
Attention: Eric Nejedlo
21. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereo f at
the time and in the manner required hereunder, Consultant shall be deemed in default
in the performance of this Agreement. The City shall notify the Consultant of such
default ,in writing, specifying the nature of such defau lt and the steps necessary to cure
such default, If, after receipt by Consultant , such default is not cured with in the time
specified, City may terminate the Agreement forthwith by g iving to the Consultant
written notice thereof.
City shall have the option, at its sole discretion and without cause , of te rminating
this Ag reement by giving seven (7) days' prior writte n notice to Consultant as provided
herein. Upon termination of this Ag reement, each party shall pay to the other party that
po rtion of compensation specified in this Agreement that is earned and unpaid prior to
the effective date of termination.
In the event of te rm inat ion, Consultant shall deliver to City, copies of all reports,
documents, and other work performed by Consultant under th is Agreement.
22. COMPLIANCES:
City of Cup ertin o
In spec ti o n and Aspha lt Tes tin g & Con crete Des ig n Se 1vices -PEI, In c .
Consul tant Master Agreement
Page 10 o f 14
Consultant shall comply with all laws, state or federal and all ordinances , rules
and regulations enacted or issued by City including, without limitation, the following .
A. PREVAILING WAGES: Consultant shall comply with the City's Labor
Compliance Program and all other requirements set forth in Labor Code section 1770 et
seq. Consultant shall pay prevailing wages. Consultant will submit monthly certified
payroll records to the City for all employees and subcontractors in a preapproved format
or a City provided form. Any delay in remitting certified payroll reports to the City upon
request from the City will result in either delay and/or forfeit of outstanding payment to
Consultant
B. WORKING DAY: Consultant shall comply with California Labor Code
Section 1810, et seq. which provides that work pe1iormed by employees of contractors
in excess of 8 hours per day, and 40 hours during any one week, must be compensated
as overtime, at not less than 1 ½ times the basic rate of pay.
C. PAYROLL RECORDS: Consultant shall comply with California Labor
Code Section 1776 which requires certified payroll records be maintained with the
name, address, social security number, work classification , straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by him or her in
connection with this Agreement. The Payroll Records shall be made available for
inspection as provided in California Labor Code Section 1776.
D. APPRENTICES: Consultant shall comply with California Labor Code
Section 1777.5 regarding apprentices.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities .)
Any suits brought pursuant to this Agreement shall be filed with the courts of the
County of Santa Clara, State of California.
24 . ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited ,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written approval
has been secured from City to do otherwise.
25 . WAIVER:
City of Cupertino
In spe ction and Asphalt Tes ting & Concrete Design Servic es -PE I, Inc.
Consultant Master Agreement
Pag e 11 of 14
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term , covenant, or condition contained herein, whether of the same or a different
character.
26. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant. ·
27. GIFTS:
A. Consultant is familiar with City's prohibition against the acceptance of any
gift by a City officer or designated employee, which prohibition is found in City
Administrative Procedures .
B. Consultant agrees not to offer any City officer or designated employee any
gift prohibited by the Adm inistrative Procedu res.
C. The offer or giving of any prohibited gift shall constitute a material breach
of this Agreement by Consultant. In addition to any other remedies, City may have in
law or equity, City may terminate this Agreement for such breach as provided in Section
19 of this Agreement.
28. INS ERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement
shall be deemed to be enacted herein, and t he Agreement shall be read and enforced
as though each were included herein. If through mistake or otherwise, any such
provision is not inserted or is not correctly ins erted, the Agreement shall be amended to
make such insertion on application by either party.
29. REPRESENTATION OF AUTHORITY:
The person executing this agreement on behalf of the CONSUL TANT does hereby
represent and warrant that the CONSUL TANT is a sole proprietor in the State of
California and has full right, power, and authority to enter into and carry out all actions
contemplated by this Agreement.
City of Cupertino
In spection and A sphalt Testing & Concre te Design Services -PEI, Inc.
Consultant Master Agreement
Page 12 of ·14
30 . CAPTIONS:
The captions i n this Agreement are for convenience only , are not a part of the
Ag reemen t and in no way affect , limit or amplify the terms or provisions of this
Agreement.
City of C upertin o
Inspection and A sphalt Testin g & Concrete Design Services -PEI, Inc.
Co nsu ltan t Master Ag ree ment
Page 1 3 of 14
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
Pavement Engineering Inc.
A California Corporation
By L-v ~\ ~
William J. Long
Title : Vice President
Date > I Co / l ::::,
CITY OF CUPERTINO
A Municipal Corporation
By ~i,-
Timm Borden, Director of Public Works
Date ~ fs•/1 7
I
Tax I.D. No.: l1'%-(}\l,\"t,[nl, APPbl:t TO FORM:
Address: .$Randolph Hom, City Attorney
3820 Cypress Drive, Suite 3, tf"
Petaluma, CA, 94954-6964
City of Cupertino
ATTEST :
~ft: Grace Schmidt,Cityler ; 1 r-----1>
v\ lP -f7
Contract Amount: $474,250
Account No.: 270-85-821-900-921
cJ-11J ,..fs -xu fm--t; ?J--
~ 7tJ1r~10
Inspection and Asphalt Testing & Concrete Design Services -PEI , Inc.
Consultant Master Agreement
Page 14 of 14
EXHIBIT A-1
SCOPE OF SERVICES
The CONSULTANT shall provide certain Inspection/Quality Control services as required and
requested by the CITY.
The CONSULT ANT shall provide services under this Master Agreement on an" as needed" basis
and only (1) upon written request from the CITY's Director of Public Works or authorized Agent
as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully executed
SERVICE ORDER, Exhibit B.
SECTION 1-GENERAL PROVISIONS
A. The CONSULT ANT shall perform all services to the satisfaction of the CITY' s Public
Works Director or authorized Agent.
B. The CONSULTANT shall perform all services under this agreement to the currently
prevailing professional standards and quality found among Inspection and Material
Testing Consultants with similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
C. The CONSULTANT sha ll perform services under this AGREEMENT only by
authorization of a fully executed SERVICE ORDER which shall clearly provide the nature
of the specific services, the time limit within which such services must be completed, and
the compensation for such services. Unauthorized services performed by the
CONSULTANT shall be at no cost to the CITY.
D. The CONSULTANT sha ll begin work only after receipt of a fully authorized and executed
SERVICE ORDER. The CITY shall incorporate each authorized and fully executed
SERVICE ORDER into the terms and conditions of this MASTER AGREEMENT.
E. The CITY shall designate a Project Manager for each authorized and fully executed
SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the
SERVICE ORDER performance with the CITY's designated Project Manager.
SECTION 2 . BASIC SERVICES
The Consultant shall provide Inspection/Quality Control services for 2017 . Pavement
Maintenance Project Phase 1-City Project No. 2017-104. All services performed shall be
authorized by a fully executed SERVICE ORDER prior to work commencement and as detailed
in the Pavement Engineering Inc. transmittal dated February 14, 2017 (attached for
reference). Consultant services under this Master Agreement may include, but are not limited
to:
City of Cupertino Exhibit A-1 -Scope of Services
Inspection /Quality Control and Construction Management Services
2017 Pave men t Main tenance Project Phase 1-City Project No. 2017-104-PEI Inc. Page 1 of 2
EXHIBIT A-1
SCOPE OF SERVICES
A. Inspection/Quality Control Phase
1. Support asphalt testing of 2017 Pavement Maintenance Project Phase 1-City Project
No. 2017-104. Coordinate with designated City staff, City consultants and
Contractor as required. Services to include:
a. Attend and participate in field meetings.
b. Assist City designated Project Manager with quality control of materials and
processes as required by Contract documents .
c. Timely perform all required asphalt testing as required by Contract
documents.
d. At the direction of the Project Manager, assist with daily inspection reports.
e. At the direction of the Project Manager, collect and review material tags, test
results and other records as required by Contract documents.
f. Files (both hard copies and electronic copies) containing the above along with
communications, City instructions, punch lists and other project information
will be maintained.
B. Construction Phase:
1. Support City staff and City designated Project Manager with construction
management of 2017 Pavement Maintenance Project -City Project No. 2017-104.
Services to include:
City of Cupertino
a. Attend and participate in field meetings.
b . At the direction of the Project Manager, assist with tabulation of bid quantities
as needed to review and recommend pay requests from contractor.
c. Timely refer Contractor questions in the field to the Project Manager.
d . Coordinate with Project Manager the Contractor implementation of the
various traffic control plans.
e. Coordinate with Project Manager local resident and business concerns
including access to driveways, maintenance of work areas, noise complaints
and needs of temporary signage.
f. Report to designated Project Manager any questions or concerns that
materially affect cost, quality, time, safety or relations with residents /
businesses .
g. Files (both hard copies and electronic copies) containing the above along with
communications, City instructions, punch lists and other project information
will be maintained.
h. Ability to act on behalf of Project Manager during Project Manager absence.
i. Ability to match Project Manager & Contractor work schedule, including work
at night.
END OF EXHIBIT
Exhibit A-1 -Scope of Services
In spec tion/Qua lity Control and Construction Management Services
2017 Pavement Maintenance Project Phase 1-City Project No. 2017-104-PEI Inc. Page 2 of 2
EXHIBIT A-2
SCOPE OF SERVICES
The CONSULT ANT shall provide certain Concrete Layout Design services as required
and requested by the CITY for the 2017 Concrete Improvement Project 2017-112 and for
bid and construction support services for the Jollyman and Varian Park ADA
Improvement Project.
The CONSULTANT shall provide services under this Master Agreement on an "as
needed" basis and only (1) upon written request from the CITY's Director of Public
Works or CITY's Assistant Director of Public Works and (2) as defined in a full y executed
SERVICE ORDER, Exhibit B.
SECTION 1-GENERAL PROVISIONS
A. The CONSULTANT shall perform all services to the satisfaction of the CITY' s
Public Works Director or CITY'S Assistant Director of Public Works.
B. The CONSULT ANT shall perform all serv ices under this agreement to the
currently prevailing professional standards and quality found among Civil
Engineering Consultants with similar knowledge and skill engaged in related
work throughout California under the same or similar circumstances .
C. The CONSULT ANT s hall p erform services under this AGREEMENT only by
authorization of a fully executed SERVICE ORDER which shall clearly provide the
nature of the specific services, the time limit within which such services must be
completed, and the compensation for such services . Unauthorized serv ices
performed by the CONSULT ANT shall be at no cost to the CITY.
D. The CONSULTANT shall begin work only after receipt of a fully authorized and
executed SERVICE ORDER. The CITY shall incorporate each authorized and fully
executed SERVICE ORDER into the terms and conditions of this MASTER
AGREEMENT.
E. The CITY shall designate a Project Manager for each authorized and fully executed
SERVICE ORDER under this AGREEMENT. The CONSULT ANT shall coordinate
the SERVICE ORDER performance with the CITY's designated Project Manager.
Ci ty of Cupe rtino Exhibit A-2-Scope of Services
Con stru cti on Management and As pha lt Tes ting Se rvi ces -PEI, Inc .
20 17 Co ncre te Improve m ents, City Proje ct No . 20 17-112 & Joll y manNar ia n ADA Improvement Proje ct
Page 1 of 3
SECTION 2. BASIC SERVICES
EXHIBIT A-2
SCOPE OF SERVICES
The Consultant shall provide Concrete Layout Design for the 2017 Concrete
Improvement Project 2017-112 and for bid and construction support services for the
J ollyman and Varian Park ADA Improvement Project. All services performed shall be
authorized by a fully executed SERVICE ORDER prior to work commencement.
Consultant services under this Master Agreement may include, but are not limited to:
A. Construction Phase:
1) Support concrete layout design of the 2017 Concrete Improvement Project 2017-
112 (detailed in the Pavement Engineering Inc. transmittal dated February 14, 2017
(attached for reference)) and the Jollyman and Varian Park ADA Improvement
Project (detailed in the Pavement Engineering Inc. transmittal dated February 14,
2017 (attached for reference)). Coordinate with designated City staff, City
consultants and Contractor as required. Services to include:
a. Attend, lead and participate in field meetings.
b. Assist City designated Project Manager -Roger Lee, with layout of
concrete removal and replacement as required by Contract documents
and in conformance of applicable accessibility requirements.
c. Timely respond to Contractor questions in the field; coordinate with the
Project Manager as needed.
d . Coordinate with Project Manager local resident and business concerns
including access to driveways, maintenance of work areas, noise
complaints and needs of temporary signage.
e. Report to designated Project Manager any questions or concerns that
materially affect cost, quality, time, safety or relations with residents/
businesses.
f. Files (both hard copies and electronic copies) containing the above along
with communications, City instructions, punch lists and other project
information will be maintained.
g. Ability to act on behalf of Project Manager during Project Manager
absence .
h. Ability to match Project Manager & Contractor work schedule, including
weekend and night work.
City of Cupertino Exhibit A-2-Scope of Services
Construction Management and Asphalt Testing Serv ices -PEI, Inc .
2017 Concre te Improvements, City Project No . 201 7-112 & Jollyman/Varian ADA Improvement Project
Page 2 of 3
B. Facilities Provided
EXHIBIT A-2
SCOPE OF SERVICES
1) It is understood that Consultant will come equipped with basic hand tools and
personal protective equipment for construction management purposes and a
personal vehicle for use in performing the necessary work.
END OF EXHIBIT
City of Cupertino Exhibit A-2-Scope of Services
Construction Management and Asphalt Testing Services -PEI, Inc.
2017 Concrete Improvements, City Project No . 2017-112 & Jollyman/Varian ADA Improvement Project
Page 3 of 3
EXHIBIT A-3
SCOPE OF SERVICES
The CONSULTANT shall provide certain Inspection/Quality Control serv ices as required and
requested b y the CITY.
The CONSULT ANT shall provide services under this Master Agreement on an "as needed" basis
and only (1) upon written request from the CITY 's Director of Public Works or authorized Agent
as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully executed
SERVICE ORDER, Exhibit B.
SECTION I-GENERAL PROVISIONS
A. The CONSULTANT shall perform all services to the satisfaction of the CITY's Public
Works Director or authorized Agent.
B. The CONSULTANT shall perform all services under this agreement to the currently
prevailing professional standards and quality found among Inspection and Material
Testing Consultants with similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
C. The CONSULTANT shall perform services under this AGREEMENT only by
authorization of a full y executed SERVICE ORDER which shall clearly provide the nature
of the specific services, the time limit within which such services must be completed, and
the compensation for such services. Unauthorized services performed by the
CONSULTANT shall be at no cost to the CITY .
D. The CONSULTANT shall begin work only after receipt of a fully authorized and executed
SERVICE ORDER. The CITY shall incorporate each authorized and fully executed
SERVICE ORDER into the terms and conditions of this MASTER AGREEMENT.
E. The CITY shall designate a Project Manager for each authori zed and full y executed
SERVICE ORDER under this AGREEMENT . The CONSULTANT shall coordinate the
SERVICE ORDER performance with the CITY's designated Project Manager.
SECTION 2 . BASIC SERVICES
The Consultant shall prov ide Inspection/Quality Control services for 2017 Pavement
Maintenance Project Phase 2-City Project No. 2017-110. All services performed shall be
authorized by a fully executed SERVICE ORDER prior to work commencement and as detailed
in the Pavement Engineering Inc. transmittal dated February 14, 2017 (attached for
reference). Consultant services under this Master Agreement may include, but are not limited
to :
City of Cupertino Exhibit A-1 -Scope of Services
Ins pection /Quality Control a nd Con s tructi on Management Services
2017 Pavement Ma intenance Proj ec t Phase 2-City Proj ect No. 201 7-110-PEI Inc. Pa ge 1 of 2
EXHIBIT A-3
SCOPE OF SERVICES
A. Inspection/Quality Control Phase
1. Support asphalt testing of 2017 Pavement Maintenance Project Phase 2-City Project
No. 2017-110. Coordinate with designated City staff, City consultants and
Contractor as required. Services to include:
a. Attend and participate in field meetings.
b. Assist City designated Project Manager with quality control of materials and
processes as required by Contract documents.
c. Timely perform all required asphalt testing as required by Contract
documents .
d. At the direction of the Project Manager, assist with daily inspection reports.
e. At the direction of the Project Manager, collect and review material tags, test
results and other records as required by Contract documents.
f. Files (both hard copies and electronic copies) containing the above along with
communications, City instructions, punch lists and other project information
will be maintained .
B. Construction Phase:
1. Support City staff and City designated Project Manager with construction
management of 2017 Pavement Maintenance Phase 2Project -City Project No. 2017-
110. Services to include:
City of Cupertino
a. Attend and participate in field meetings.
b. At the direction of the Project Manager, assist with tabulation of bid quantities
as needed to review and recommend pay requests from contractor.
c . Timely refer Contractor questions in the field to the Project Manager.
d. Coordinate with Project Manager the Contractor implementation of the
various traffic control plans .
e. Coordinate with Project Manager local resident and business concerns
including access to driveways, maintenance of work areas, noise complaints
and needs of temporary signage.
f. Report to designated Project Manager any questions or concerns that
materially affect cost, quality, time, safety or relations with residents /
businesses.
g. Files (both hard copies and electronic copies) containing the above along with
communications, City instructions, punch lists and other project information
will be maintained.
h . Ability to act on behalf of Project Manager during Project Manager absence.
i. Ability to match Project Manager & Contractor work schedule, including work
at night.
END OF EXHIBIT
Inspection/Quality Control and Construction Management Se rvices
Exhibit A-1 -Scope of Services
Page 2 of 2 2017 Pavement Ma intenance Project Phase 2-City Project No. 2017-110-PEI Inc.
EXHIBIT A-4
SCOPE OF SERVICES
The CONSULTANT shall provide certain Inspection/Quality Control services as required and
requested by the CITY .
The CONSUL TANT shall provide services under this Master Agreement on an "as needed" basis
and only (1) upon written request from the CITY's Director of Public Works or authorized Agent
as defined in Section 11 , PROJECT COORDINATION and (2) as defined in a fully executed
SERVICE ORDER, Exhibit B.
SECTION 1-GENERAL PROVISIONS
A. The CONSULT ANT shall perform all services to the satisfaction of the CITY' s Public
Works Director or authorized Agent.
B. The CONSULTANT shall perform all services under this agreement to the currently
prevailing professional standards and quality found among Inspection and Material
Testing Consultants with similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
C. The CONSULTANT shall perform services under this AGREEMENT only by
authorization of a full y executed SERVICE ORDER which shall clearl y provide the nature
of the specific services, the time limit within which such services must be completed, and
the compensation for such services. Unauthorized services performed by the
CONSULTANT shall be at no cost to the CITY.
D. The CONSULT ANT shall begin work only after receipt of a fully authorized and executed
SERVICE ORDER. The CITY shall incorporate each authorized and full y executed
SERVICE ORDER into the terms and conditions of this MASTER AGREEMENT.
E. The CITY shall designate a Project Manager for each authorized and full y executed
SERVICE ORDER under this AGREEMENT . The CONSULTANT shall coordinate the
SERVICE ORDER performance with the CITY's designated Project Manager.
SECTION 2. BASIC SERVICES
The Consultant shall provide Inspection/Quality Control services for 2017 Pa vement
Maintenance Project Phas e 3-City Project No. 2017-111. All services performed shall be
authorized by a full y executed SERVICE ORDER prior to work commencement and as detailed
in the Pavement Engineering Inc. transmittal dated February 14, 2017 (attached for
reference). Consultant services under this Master Agreement may include, but are not limited
to :
City of Cupe rtino Exhibit A-1-Scope of Services
Ins pe ction/Quality Contro l and Con s truction Ma nagem ent Se rvi ces
2017 Pa ve ment Maintena n ce Proj ec t Ph ase 3-City Proj ec t N o . 201 7-111-PEI In c. Page 1 of 2
EXHIBIT A-4
SCOPE OF SERVICES
A. Inspection/Quality Control Phase
1. Support asphalt testing of 2017 Pavement Maintenance Project Phase 3-City Project
No. 2017-111. Coordinate with designated City staff, City consultants and
Contractor as required. Services to include:
a. Attend and participate in field meetings.
b. Assist City designated Project Manager with quality control of materials and
processes as required by Contract documents.
c. Timely perform all required asphalt testing as required by Contract
documents.
d. At the direction of the Project Manager, assist with daily inspection reports.
e . At the direction of the Project Manager, collect and review material tags, test
results and other records as required by Contract documents.
f. Files (both hard copies and electronic copies) containing the above along with
communications, City instructions, punch lists and other project information
will be maintained.
B. Construction Phase:
1. Support City staff and City designated Project Manager with construction
management of 2017 Pavement Maintenance Phase 3 Project -City Project No. 2017-
111. Services to include:
City of Cupertino
a. Attend and participate in field meetings.
b. At the direction of the Project Manager, assist with tabulation of bid quantities
as needed to review and recommend pay requests from contractor.
c. Timely refer Contractor questions in the field to the Project Manager.
d. Coordinate with Project Manager the Contractor implementation of the
various traffic control plans.
e. Coordinate with Project Manager local resident and business concerns
including access to driveways, maintenance of work areas, noise complaints
and needs of temporary signage.
f. Report to designated Project Manager any questions or concerns that
materially affect cost, quality, time, safety or relations with residents /
businesses.
g. Files (both hard copies and electronic copies) containing the above along with
communications, City instructions, punch lists and other project information
will be maintained.
h. Ability to act on behalf of Project Manager during Project Manager absence.
1. Ability to match Project Manager & Contractor work schedule, including work
at night.
END OF EXHIBIT
Exhibit A-1 -Scope of Services
Inspection/Quality Control and Construction Management Services
2017 Pavement Maintenance Project Phase 3 -City Project No . 2017-111-PEI Inc. Page 2 of 2
EXHIBIT B
SERVICE ORDER PROCESS
The CONSULTANT shall provide services under the Master Agreement on an "as needed"
basis and only (1) upon written request from the CITY's Director of Public works or authoriz ed
Agent as defined in Article 11, Project Coordination, and (2) as defined in a fully executed
Service Order.
SECTION 1-SERVICE ORDER INITIATION
A. The City Public Works Director or his designee shall provide written request for
Consultant services as defined in this agreement. The Consultant and City shall meet to
discuss the services after which the consultant shall provide a written proposal
including specific scope of services, performance schedule, and compensation to the
City.
B. The City and Consultant shall discuss the proposal in detail and agree upon the terms of
the Service Order.
C. The City shall prepare a Project Service Order consistent with the City's standard form,
Service Order, and Exhibit A. The Service Order shall, at a minimum, include (1 specific
scope of services, deliverables, schedule of performance and compensation.
SECTION 2 -SERVICE ORDER EXECUTION
D. Both parties shall execute the Service Order as evidenced by the signatures of the
authorized representatives defined in Article 11 of the Master Agreement, Project
Coordination, and the date signed.
E. The Consultant shall begin work on the scope of services only after receipt of a fully
executed .authorized Service Order defining those services. Consultant understands and
agrees that work performed before the date of the authorized Service Order or outside
the scope of services once a Service Order is signed and authorized shall ne at no cost to
the City.
F. The maximum compensation authorized by a single Service Order and/or aggregate of
Service Orders shall not exceed the maximum compensation set forth in Article 4 of the
Master Agreement.
END OF EXHIBIT
City of Cupertino
In s pection and Aspha lt Tes ting & Concrete Design Service s -PEI, Inc.
Exhibit B-Service Order Process
Pa ge 1 o f 1
EXHIBIT C
COMPENSATION
The City shall compensate the Consultant according to the hourly rate(s) stated in this
Exhibit which shall remain in effect for the Master Agreement schedule of performance
unless changed by written amendment to the Master Agreement.
Each authorized Service Order under this Master Agreement shall identify the method
of compensation consistent with the scope of services provided by the Consultant. In
any case, the Consultant's total payment for each authorized Service Order shall not
exceed the maximum compensation identified in that Service Order, unless authorized
b y a w ritten amendment executed by the City and the Consultant, and the total
compensation for all authorized Service Orders shall not exceed the maximum
compensation stated in Article 4, Consultant Compensation, of the Master Agreement.
Work exceeding the total authorized amount for a Service Order or the total
compensation for the Master Agreement shall be at no cost to the City.
Consultant Hourly Rate(s)
The Consultant shall be compensated per the hourly rate(s) for all work performed
under authorize4 Service according to the professional fee schedules on page 3, 4, 5 & 6
of this Exhibit.
Reimbursable Expenses
Reimbursable expenses represent the acquisition cost of items, other than direct labor,
specifically required to perform the scope of services and beyond normal business
operating expenses which are included in the direct labor rate. Such expenses include,
but are not limited to:
• Individual or multiple document reproductions that exceed 50 pages;
• Drawing or bid set reproductions;
• Software required by City other than Microsoft Word, Excel, PowerPoint, and
Project; Adobe Acrobat; and a photo editor program.
• Travel expenses to the extent allowed by City policy;
• Sub-consultants required by project scope of services;
• Safety equipment required by City policy or the project scope of services;
• Mass mailing notifications;
• Expenses for public meetings, such as refreshments, interpreters, security, valet
parking, facility rental, tents or booths, easels, markers, paper, presentation
equipment.
City of Cupertino
In s pec ti on an d As pha lt Tes ting & Con cre te Des ign Serv ices -PEI, In c.
Exhibit C-Compensation
Page 1 of 6
EXHIBIT C
COMPENSATION
The City shall compensate the Consultant for such reimbursable expenses only with
prior written authorization by the City representative designated in Article 11, Project
Coordination, of the Master Agreement. All compensation, including reimbursable
expenses, shall not exceed the maximum compensation for the Service Order.
The City shall compensate the Consultant for reimbursable expenses for the
documented actual cost only, allowing for no surcharge for Consultant administration.
Reimbursable expenses shall be separately identified on the Consultant invoice.
Method of Payment
The Consultant shall submit an invoice to the City by the 5t1, business day of each
month that clearly identifies the work performed in the previous month and authorized
reimbursable expenses. All invoices from Consultant shall be addressed to City at:
Attention: Roger Lee
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
The invoice shall identify the applicable period of work, a description of the work performed
consistent with the Service Order scope of services, the number of hours, hourly rate,
reimbursable expenses, Service Order maximum compensation, Service Order compensation to
date including invoice number, total invoice amount for current invoice, Service Order
maximum compensation balance remaining.
All Consultant payments shall be addressed to :
Attention: William J. Long
Pavement Engineering Inc.
3820 Cypress Drive, Suite 3,
Petaluma, CA, 94954-6964
City of Cupertino
Ins pection and As phalt Testing & Concrete Design Services -PEI, Inc .
Exhibit C-Compensation
Page 2 of 6
5' n ~~ a~ o· n
::l C
P> '"O ::i (1)
0.. ;:;.
~ 5·
[J> 0
'"O ::,
P>
~
::o"
[J> ;:r .
::i
()Q
~
f;)
::i n ...,
(1)
ri,
0
~ OQ.
::i
Cf)
(1)
::! ;;;·
(1)
[J>
I
"d
tT1 .:--
5' r>
~ ::r
[
n n
0
"d 9
P> "CS
()Q (1)
(1) ::i
c,,"' P>
0 ::r. ...... 0 °' ::s
liJ
TOW
300
30 1
302
303
304
305
306
307
308
309
Pavement Engineering Inc.
Ci>-il Engineering • Landscape A rchitecture
Ca fTrans/AMRL QC/QA • Construction ,',,fanagement
PROFESSIONAL FEE SCHEDULE
MP14-211
CONSTRUCTION ENGINEERING & RELATED ACTIVITIE S
Seni or Pri ncipal En!:lin eer
Pri ncipal En gineer/Landscap e Architect
Senior A.'>Socia1e En ginee r/Landscape Architect
Associate Engi neer
Assistant Engineer
Project & Co1struction Managers
Senior Engineeri ng Technician
Er.gin eering Tech n ician
Compute r Technician
Clerica l
TOW PREVAILING WAGE WORK
340 PW Pmjact Inspector
341 PW Laycown l nspectc r
342 !PW Compa ction Testing
1343 !PW Project l nsr;ector -Overtime
[344 PW Project lnsr;ector -Oo ubletim e
!348 PW Travel
j349 PW Asphalt Plant Inspector
1350 PW Sampl e Pickup
3820 Cypress D rive, Soite 3 . Pe taluma, CA • 94954-5613 • Te l. (!07) 769-5330 . Fa x (707) 769-5333
20260 Skypark Drive Redding, CA • 96002-922 1 . Te .,. (530) 224-4535 • Fax (530) 224-4539
34.85 Sacramento Dri;-e, Suite A · San Lu;s Obispo, CA . 93407-7156 . Te!. (805) 781-2265 • Fax (805) 781 -2267
Rate
$195/hr
$1 7 5/hr
$155/hr
$145/hr
$140/hr
$150/hr
$13:l/h r
$115/hr
$11 :)/hr
$65'hr
$15D/h r
$15D/h r
$150/hr
$185/hr
$21 Olhr
$125/hr
S145/h,
SS51hr
I
n
0
~ tTJ
"'d ><
tTJ ::t z;
C/) -;i... """j
:jn
0 z
5' n ~ ~-
ro n o ::r.""""" o n
::i C
'" -0 ::i ro
0.. :::. > s·
V, 0
-0 ::, ;
~
V,
;:r.
::i
OQ
~
Q
~ ... ro ro
CJ ro
V, OQ.
::i
Cfl ro ...
<
~-
I
>-o
[Tl
,!-'
5'
0
[Tl
>< ::,
[
n
()
0
>-o 9
'" -0 OQ ro ro ::S ~ ~
0 ::r. ~o
a, ::s
TOW
500
501
5 02
504
sos
506
510
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
535
537
LABORATORY FEE SCHEDULE
ALL FEE'S ARE BASED ON THE ASSUMPTIO,'I THAT SAMPLES WILL BE DELIVERED TO PEI ~, TESTING 1 .. AOORA TORY
SOILS & Hl4A TESTING Cost
Senio· Prir,cipal Eng in,er 5205
Principal Er.;iin,m S175
Associate Enginee r S,50
Labo r3 to ry -.chnici3n s·rn o
Sa mple Pic,up S85
i'ield Sa1rp iing S1G5
Lab Traiier Motdzation S2,0CO n
Moi stur~ Con:e1t (AST M C5&,, ASTM 0221 6, CTM 225) $30 0
~ tT1
Plasticity ln:iex (ASTM D431 8, CTM 20L) $100 ""O ><
R-v31ue (ASTM D2c44 , CTM 30H $325 tT1 ::c z -Tc tai Sie•,e Ana~Js!s (ASThl C136, CTM 202) $125 O::l CJ) -Sie•1e Analysis (Couse On ey) (ASTM G136; $55 > ...,
Sie•1e Analysis (F'1eOrii1 (AS TM C136 , CTM ~02) S35
..., n -Tota l Sie·;~ A 1alysis on Ignition Ovem SamJ!e ~1 00 0
Sp~dic Grav '1'j' (ASTr.1 C97, c-M 206 & 224; S90 z
Cle,mnes, Value (CTM 227] $11 0
San d Equ,valanl (AS H/ D2419, CTM 217) $11 0
Durat>i !iry Fac1or ( ... s-M D48E6, CTM 229) $11 C
Crusliej Part clfJs (C-M 205 ) $65
Cement Tre a:ej Base (C~\'! 312 ) $285
Specific Gravit, (Cca -se ) (CTM 206, CTM 22J , ASTM C127) S7C
!Spe clic Gra\it, (Fine) '.CTM 207 , CTI-A 203 CT M 225, ASTM C, 28) 3110
Durabil ty (Ccarse) (CTM 22S , ASTM D37 44 . ASTM C4886 1 3110
DurabiUy (Fhe) {C-:-M 22 9, ASTM 037.:.t., ASn,, 04SS6) S110
Asphal t C,J1tent °rY'J Nuc lear Method (CHA 379) 3125
fi1
S' n ~~
S.Q.. o· n
::, C
"' "Cl ::: rt>
0. ::;.
;:i:,. 5·
en 0
"Cl
[
;;;i
en ::r.
~
14'
Q
:::
(") ..,
rt> ;;,
CJ rt> en c,q '
:::
(fl
rt> ..,
< @·
en
I
"' [Tl ,-
5'
0
~
::,"'
[
0 n
0
"' 3 "'"Cl OQ 11)
rt> :::
{.11 ~
0 ::r. ~o °' ::,
538
539
540
541
542
543
544
545
546
547
548
549
55C
551
552
553
554
55.5
556
557
558
559
560
561
562.
563
564
565
566
570
571
572
S"'~ ,.:,
Calibr ation 01 NJde3r Asp h1lt Content Ga1.;e (CTM 379)
Treated S,Ji l Design (CTM 301)
Maxhum Cens it)' Curve :ASTM 0-1557 , AS-:-M D-6S6, AASHTO T180
Mafr:ium C;;nsitf Check Point /STM 0-1557, ASHIi J-<59 8. MS1-ff0 T1BC)
Soi! or Aggrega:e Mo stJre Con tent (CW 226 , CTM 311, CTM 370, ASHA 022 16, ASH.1 C565)
Abr2.s on Resista r ce by Los Angeles Ratt ier (AS -:-M C131, CTM 211)
Abras on Resistar ce by Los .An geles Rattler, 1000 Revo lutions (,I\STM C538 :
Cal 216 rNe1 or Dry)
Cal 216 ChE ck Pc in t :cw 216 F, CTM 2163 )
P!asfo Limil (AST M 043 18, CTM 204)
Liqui::I Lird '.ASHA 04318, CTM 204 :,
'Neig l·t per Cubic Foo l, Loose (/\ST IJ C2~. CTM 212)
Stab ility (CTI,1 356)
Swell (CT\! 305)
Maximurr Theore:ica '.n t Weight. Rice Gravny (.I\S TM 02041 , CT 309)
'Jnh •'ie i£:it, Core Sp<!cimen (CTM 306\
Asphal t Conten: (lgnr:ion Meihoc CTM 3,2:,
AC Specimen Ln it W~igm -Paraffin Coated (CTM 3C8, ASTM D1186j
AC Mix Des ig n Revi ew (CT\1 303, c-1,1 304j
_3bcr3xiri1 ::ompam,d Untt We i~r;t (CTM 304:'308 , ASTM 02726)
=ilm Slripp ing (CTM 302.)
Cru shed ~a·ac!~sperlir :':ize :cTM 205\
=tat & Elc,1gated Pa.rlicles (ASTM 04791)
::Xtra:tion , Per-:en t Bitumen & Sieve Analysis (A STM S172 , CTM :01D, CTM 202 )
V;ir. Dssign
Tensile S1rength Ratb (.ll.ASHTO T283, CT 371)
Tes: Strip !
' :.loisture I/aper Susceptib ili~/ (C TM ~07)
3unolf Ca l t,ra1icn ;c, 332}
,t;,C M x Test {CT 3C4.'30E.,"309/366;
Test Strip Lab Won,:
H~A Pro:Jud io n Startu p
Po r::ius Pavemen1 !vii): Desi;n
$35(•
$375
$275
S85
S3C
$195
,)195
$,€c,
$9C i
$55
$5!:
$€C
Si30
3100
$125
$"° ~v
S16Q
S60
S130
S220
$75
S17•)
S171)
$175
S70
S9DJ
S60
S15)
S25)
$525
s1,oc,o
$9 5)
$85J
(iJ .
~
(")
0
~tT1
""O ><
tT1 ::r: z-
CJ) ~ >...,
j (")
0 z
City of Cupertino
EXHIBIT C
COMPENSATION
END OF EXHIBIT
Inspection and Asphalt Testing & Concrete Design Services -PEI, Inc.
Exhibit C-Compensation
Page 6 of 6
~o-,d-,z,o f 1--I O
p D M I r -4 ~ -:J-
MASTER AGREEMENT PO#: XX SERVICE ORDER PO#: 1
5613
Maximum Compensation: $208,050
Term: NTP: April 3, 2017
Approval by: City Manager
City Council
D
D
------
END DATE: June 30, 2018
Director D Date:
Item Number: Date:
Consultant: Firm Name: Pavement Engineering, Inc.
Address: 3820 Cypress Drive, Suite 320, Petaluma, CA 94954-
Contact: Mike Wasden Phone: (707) 769-5330
PROJECT DESCRIPTION
Project Name: Inspection and Material Quality Control for 2017 Pavement
Maintenance Project -Phase 1, City Project No. 2017-104
D Description: Time and reimbursables between April 3, 2017 and June 30, 2018 for
service in accord with Exhibit A-3of the Master Agreement (attached
hereto for reference)
D Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Roger Lee
FISCAL/BUDGET
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
Amount of previously Encumbered balance expended:
Amount available to be Encumbered for a SO:
ENCUMBER: Account No. 270-85-821 900-921 SO# 1
Amow1t: $474,250
$ 0
$ 0
$474,250
$208,050
Total Expended and Encumbered to date: $208,050
Master Agreement Balance: $266,200
City of Cupertino Service Order #1
Construction Management & Asphalt Testing-PEI, Inc.
Construction Management for 2017 Pavement Maintenance Project -Phase I,
City Project No. 2017-104 Page 1 of 2
Consultant: bl .~= Date : 3 r~Crl
Director of Public W~~I~==~-Date : 3/'!,D/17
Appropriation Certification : I hereby certify that an unexpended appropriation is available in
the above fund for the above contract as estimated and that funds are available as of this
date of signature .
'
City Finance : Name: eM)j._) /.LIA.AAf Date :
City of Cu pe rtin o
Construction Man agement & Aspha lt Testi ng -PE I, In c .
Cons tructi on Management for 2017 Paveme nt Maintenance Pro ject -Ph ase I,
City Proj ect No. 2017-104
(s tandard fo,m cons ultant rnastor aqreerner ,t -S O Ocio!Jer ?O 13)
Service Order #1
Pa ge 2 of 2
Task 1
Task 2
Task 3
CITY OF CUPERTINO
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
for
SERVICE ORDER NO. 1 PROPOSAL
2017 PAVEMENT MAINTENANCE PROJECT PHASE 1
City Project No. 2017-104
February 14, 2017
Fee Schedule Breakdown
Rate Hours Total
Contract Administration
Assistant/Staff Engineer (804) $155 272 $42 ,160
Project/Construction/ Laboratory Manager (805) $145 16 $2,320
Senior Engineering Technician (806) $135 80 $10,800
Sub-Total $55,280
Inspection
Project/Construction/ Laboratory Manager (805) $145 40 $5,800
PW Inspection -North (840) $155 838 $129,890
Sub-Total $135,690
· Laboratory Testing
Assistant/Staff Engineer (804) $155 16 $2,480
Project/Construction/ Laboratory Manager (805) $145 40 $5,800
HMA Production Start Up $950 4 $3 ,800
HMA Mi x Tests $500 10 $5,000
Sub-Total $17,080
Total: $208,050.00
c~0-c.JL ;J-tJ t r -r o
()o ?J 11--lf b J
MASTER AGREEMENT PO#: XX SERVICE ORDER PO#: 2
5613
5330
------
Maximum Compensation: $54,880
Term : NTP: April 3, 2017
Approval by: City Manager
City Council
Consultant: Firm Name:
Address :
Contact:
D
D
END DATE: June 30 , 2018
Director D Date :
Item Number: Date :
Pavement Engineering, Inc.
3820 Cypress Drive, Suite 320, Petaluma, CA 94954-
Eric Nejedlo Phone: (707) 769-
PROJECT DESCRIPTION
Project Name: Design Support for 2017 Concrete Improvements, City Project
No. 2017-112 and JollymanNarian Park ADA Improvements
D Description : Time and reimbu rsables between April 3 , 2017 and June 30 , 2018 for
service in accord with Exhibit A-2 of the Maste r Agreement (attached
hereto for reference)
D Attachment A : Includes Description of Project, Scope of Services , Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing D epart ment: Public Wor k s Project Manager: Roger Lee
FISCAL/BUDGET
Master Agreement Maximum Compensation :
Previously Encumbered on MA:
Amount of previously Encumbered balance expended :
Amount available to be Encumbered for a SO:
ENCUMBER: Account No. 270-85 -820 900 -922 SO# 2
Amount: $474,250
$208 ,050
$ 0
$266 ,200
$54,880
Total Expended and Encumber ed to date : $262,930
Master Agreement Balance: $211,320
APPROVALS
Consultan t: _w_~_· _ __.._h_~--_de...__ Date : 3 IB/ \)
City of Cupertino
Des ig n Supp ort for 20 17 Con crete Im pro ve men ts City Project No. 20 17-1 12
& Joll ymanNari an ADA Improve me nts -PE I, In c.
(slrn1clard form consultant rna ste, a9.!:.Q_emenl S O Octobe r ?O 1 J)
Service O r der #2
Page 1 of 2
Director of Public Works:~~ Date: "'S,/'J,o/,? ~I
Appropriation Certification: I hereby cert ify that an unexpended appropriation is availab le in
tile above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: Name:
Cit y of Cupertino
Design Suppori for 2017 Co ncrete Improvements Ci ty Project No. 2017-112
& JollymanNarian ADA Improveme nt s -PEI, Inc.
Service Order #2
Page 2 of 2
Task 1
Task 2
CITY OF CUPERTINO
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
for
SERVICE ORDER NO. 2 PROPOSAL
DESIGN SUPPORT FOR 2017 CONCRETE IMPROVEMENTS
AND JOLL YMAN / VARIAN PARK ADA IMPROVEMENTS
City Project No. 2017-112
February 14, 2017
Fee Schedule Breakdown
Rate Hours Total
RAMP/MISC. CONCRETE DESIGN
Assistant/Staff Engineer (804) $155 40 $6 ,200
Sen ior Engineering Technician (806) $135 168 $22 ,680
Engineering Technician (806) $125 168 $21,000
Sub-Total $49,880
BID AND CONSTRUCTION SUPPORT
Assistant/Staff Engineer (804) $155 25 $3,875
Engineering Technician (806) $125 9 $1 ,125
Sub-Total $5,000
Total: $54,880.00
~ ;h) {1---( D
ro 7J l 1---~ Lf &i 9
MASTER AGREEMENT PO#: XX SERVICE ORDER PO#: 3 ----'~---
5613
Maximum Compensation: $83,960
Term: NTP: April 3, 2017
Approval by: City Manager
City Council
D
D
END DATE: June 30, 2018
Director D Date:
Item Number: Date:
Consultant: Firm Name: Pavement Engineering, Inc.
Address: 3820 Cypress Drive, Suite 320, Petaluma, CA 94954-
Contact: Mike Wasden Phone: (707) 769-5330
PROJECT DESCRIPTION
Project Name: Inspection and Material Quality Control for 2017 Pavement
Maintenance Project -Phase 2, City Project No. 2017-110
D Description: Time and reimbursables between April 3, 2017 and June 30, 2018 for
service in accord with Exhibit A-3of the Master Agreement (attached
hereto for reference)
D Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Roger Lee
FISCAL/BUDGET
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
Amount of previously Encumbered balance expended:
Amount available to be Encumbered for a SO:
ENCUMBER: Account No. 270-85-821 900-921 SO# 3
Amount: $474,250
$262,930
$ 0
$211,320
$ 83,960
Total Expended and Encumbered to date: $346,890
Master Agreement Balance: $127,360
City of Cupe rtin o Service Order #3
Constructi on Ma n agem ent & Aspha lt Tes ting -P EI, Inc .
Cons truction Ma nagem ent for 2017 P a ve m ent Ma inten a nce Proj e ct -Phase 2,
Cit y P ro ject No . 2017-110 P age 1 o f 2
Consultan t: /~~ Date : 3/2>/l l
Director of Public Works : P Date : :3, {;i t!>/7
Appropriation Certification : I hereby certify that an unexpended appropriation is available in
the above fund for the above contract as esti mated and that funds are available as of th is
date of signatu re.
City Finance: Name : --'-'~'--'---"-'---· --'-~--'--_Date :
C ity of Cupertino
Constructio n Management & Asph a lt Testing -PE I, Inc.
Constru ct ion Management for 2017 Pa vement M aintena n ce Project -Phase 2,
City Project No. 20 17-11 0
(standard fo1 r11 consultant rnaste1 agree me, 1l S O Octol 1e1 20 I '.1)
Service Orde r #3
Page 2 of 2
Task 1
Task 2
Task 3
CITY OF CUPERTINO
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
for
SERVICE ORDER NO. 3 PROPOSAL
2017 PAVEMENT MAINTENANCE PROJECT PHASE 2
City Project No. 2017-110
February 14, 2017
Fee Schedule Breakdown
Rate Hours Total
Contract Administration
Assistant/Staff Engineer (804) $155 128 $19 ,840
Project/Construction/ Laboratory Manager (805) $145 8 $1 ,160
Senior Engineering Technician (806) $135 40 $5,400
Sub-Total $26 ,400
Inspection
Project/Construction/ Laboratory Manager (805) $145 20 $2,900
PW Inspection -North (840) $155 320 $49 ,600
Sub-Total $52 ,500
Laboratory Testing
Assistant/Staff Engineer (804) $155 8 $1 ,240
Project/Construction/ Laboratory Manager (805) $145 16 $2 ,320
Mi x Tests $250 6 $1 ,500
Sub -Total $5,060
Total: $83,960.00
MASTER AGREEMENT PO #: XX
Maximum Compensation: $127,360
Term: NTP: April 3, 2017
Approval by: City Manager
City Council
D
D
l,t;v._;h 0-C.f-:?'D I r-1 0
}1o ?,D { T -. Lf 1u
SERVICE ORDER PO#: 4 --=-----
END DA TE: June 30, 2018
Director D Date:
Item Number: Date:
Consultant: Firm Name: Pavement Engineering, Inc.
Address: 3820 Cypress Drive, Suite 320, Petaluma, CA 94954-5613
Contact: Mike Wasden Phone: (707) 769-5330
PROJECT DESCRIPTION
Project Name: Inspection and Material Quality Control for 2017 Pavement
Maintenance Project -Phase 3, City Project No . 2017-111
D Description: Time and reimbursables between April 3, 2017 and June 30, 2018 for
service in accord with Exhibit A-3of the Master Agreement (attached
hereto for reference)
D Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Roger Lee
FISCAL/BUDGET
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
Amount of previously Encumbered balance expended:
Amount available to be Encumbered for a SO:
ENCUMBER: Account No . 270-85-821 900-921 SO # 4
Amount: $474,250
$346,890
$ 0
$127,360
$127,360
Total Expended and Encumbered to date : $474,250
Master Agreement Balance: $ 0
City of Cupertino Service Order #4
Co n struction M a n agem ent & Asp h a lt Tes tin g -P EI, In c.
Con str ucti on Managem ent fo r 201 7 Pave m ent Ma inten an ce Projec t -Phase 3,
City Project No . 201 7-111 Page 1 o f 2
t .,· .. f :·ti !n,·r,·~ (1.}n~...i;t ,1;,1-1-rdsli. 1• ·\gri..~c '"h~nl-j () (.Jf;,J~1..~r -~Ol~~}
Consul tant: ~ ~
D irector of Pub~ "'"...,,,....""""""-=-------
Date : :;>/<z>(' 11
Date: 3/) o/f 7 .. .
Appropriation Certification : I hereby certify that an unexpended appropriation is available in
the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance : Name : --+~+----· ~ll-~ ___ Date :
Ci ty of Cupertino
Constructi on M anagement & Asp ha lt Testin g -PE I, In c.
Constructio n Management for 2017 Pa vement Ma intenance Project -Phase 3,
City Project No. 2017-111
(slandcmJ for rn consu ltant master agreeme nt ·SO Oclohr)1 ?O 13)
Service Order #4
Page 2 of 2
Task 1
Task 2
Task 3
CITY OF CUPERTINO
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
for
SERVICE ORDER NO. 4 PROPOSAL
2017 PAVEMENT MAINTENANCE PROJECT PHASE 3
City Project No. 2017-111
February 14, 2017
Fee Schedule Breakdown
Rate Hours Total
Contract Administration
Assistant/Staff Engineer (804) $155 192 $29,760
Project/Construction/ Laboratory Manager (805) $145 8 $1,160
Senior Engineering Technician (806) $135 32 $4,320
Sub-Total $35,240
Inspection
Project/Constructio n/ Laboratory Manager (805) $145 20 $2,900
PW Inspection -North (840) $155 528 $81 ,840
Sub-Total $84,740
Laboratory Testing ' Assistant/Staff Engineer (804) $155 8 $1,240
Project/Construction/ Laboratory Manager (805) $145 12 $1,740
RHMA Production Start Up $950 2 $1 ,900
RHMA Mi x Tests $500 5 $2,50 0
Sub-Total $7,380
Total: $127,360.00
PDU>/ t· t.(1-t>
MASTER AGREEMENT PO/t: 'Z<J 11-_. ( 0 SERVICE ORDER PO#: 4A (replaces #4)
Maximum Compensation: $474,250
Term: NTP: April 3, 2017 END DATE: June 30, 2018
Approval by: City Manager
City Council
D
D
Director D Date:
Item Nwnber: Date:
Consultant: Firm Name: Pavement Engineering, Inc.
Address: 3820 Cypress Drive, Suite 320, Petaluma, CA 94954-5613
Contact: Mike Wasden Phone: (707) 769-5330
PROJECT DESCRIPTION
Project Name: Inspection and Material Quality Control for 2017 Pavement
Maintenance Project -Phase 3, City Project No. 2017-111
D Description: Time and reirnbursables between April 3, 2017 and June 30, 2018 for
service in accord with Exhibit A-3of the Master Agreement (attached
hereto for reference)
D Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Roger Lee
FISCAL/BUDGET
Master Agreement Maximum Compensation:
Previously Encumbered on :tvlA:
Amount of previously Encumbered balance expended:
Amow1t available to be Encumbered for a SO:
ENCUMBER: Accow1t No. 270-85-821 900-921 SO It 4A
Total Expended and Encumbered to date:
Amount: $474,250
$346,890
$ 0
$127,360
$119,060
$465,950
Master Agreement Balance: $ 8,300
City of Cupertino
Construction Management & Asphalt Testing -PEI, Inc.
Construction Management for 2017 Pavement Maintenance Project -Phase 3,
City Project No. 2017-111
Service Order •4A
Page 1 of 2
"\
_( }
APPROVALS .---~
Consultant: ,:; ,&,e:",,...::...----
Director of Publi~ W;~ks: ~
Date:
Date:
~h __, \,-i
11aµ7
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds aTe available as of this
date of signature.
City Finance: Name: ~ ~Date:
~vv~ 'tu ~ce...
{'o ~[{~I {)'0
City of Cupertino
Construction Management & Asphalt Testing -PEI, Inc.
Construction Manage ment for 2017 Pavement Maintenance Proj ec t -Phase 3,
City Project No . 2017-111
{:,:.;t,1ndi\!'(J f1~l'Jn ~1,:.n~:.ot.· .• l'll ~:.:\·i '>r :'1/~ t'U..>1'W• . ~ ;) (J(h)l1\..'f 20131
Service Order f'4A
Page 2 of 2
Task 1
Tas!< 2
. Tiisk 3
CITY OF CUPERTINO
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
for
SERVICE ORDER NO. 4 PROPOSAL
2017 PAVEMENT MAINTENANCE PROJECT PHASE 3
City Project No. 2017-111
February 14, 2017
Fee Schedule Breakdown
Rate Hours Total
Contrac.t Administration. ·
AssistanUStaff Engineer (804) $155 192 $29,760
Project/Construction/ Laboratory Manager (805} $145 8 $1, 160
Senior Engineering Technician (806) $135 32 $4 320
Sub-Total $35,240
lrispectl9n
Project/Construction/ Laboratory Manager (805) $145 20 $2,900
PW Inspection -North (840) $155 528 ~
Sub-Total $S4,J40 '
. Laboratory Testing . • . ' >". -.· . ...
.. ...
Assistant/Staff Engineer (804) $155 8 $1,240
Project/Construction/ Laboratory Manager (805} $145 12 $1,740
RHMA Production Start Up $950 2 $1,900
RHMA Mix Tests $500 5 $2,500
Sub-Total $7,380
Total: $~~o..:..
l/ W1 1 D1fj
CJ /13/ rJ-(:~ (....,
MASTER AGREEMENT POI/: . "2-,(J ( 1--\. 0 SERVICE ORDER PO#: _2
Maximum Compensation: $474,250
Term: NTP: April 3, 2017 END DATE: June 30, 2018
Approval by: City Manager
City Council
D
D
Director D
Item Number:
Consultant: Firm Name: Pavement Engineering, Inc.
Date:
Date:
Address: 3820 Cypress Drive, Suite 320, Petaluma, CA 94954-5613
Contact: Mike Wasden Phone: (707) 769-5330
PROJECT DESCRIPTION
Project Name: Tollyman Park and Varian Park Site Improvements
D Description:
X Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation-See Attachment
CITY PROJECT MANAGEMENT
Managing Depaiiment: Public Works Project Manager: Roger Lee
FISCAL/BUDGET
Master Agreement Maximwn Compensation:
Previously Encumbered on MA:
Amount of previously Encumbered balance expended:
Amotmt available to be Encumbered for a SO:
Amount: $474,250
$465,950
$ 0
$ 8,300
ENCUMBER: Account No. 420 -99 -007-900-905-PVAR 002-02-02 SO# 5 $ 8,300
Total Expended and Encumbered to date :
City of Cupertino
Construction Management & Asphalt Testing -PEI, Inc.
Jollyman Park & Varian Park Site Improvements,
City Project No. 2017-111
,· •· ··.·! . 1
Master Agreement Balance:
$4?4,250
$ 0
Service Order #5
Page 1 of 2
' /
APPROVALS /~,---------,!)
Consultant: --1,---~;z:.....,.=:s;;....,_ ______ Date:
Director of Public~ =:;~;;::::-i;::!!.:~:===::::_-Date:
:))\!Jhi
1/t1'/t7
Appropriation Certification: I hereby certify that an W1expended appropriation is available
in the above fund for the above conb·act as estima ted and that funds are available as of this
date of signature.
City Finance: Name: r Zu,0f Date
City of Cupertino
Construction Management & Asphalt Testing-PEI, Inc .
Jollyman Park & Varian Park Site Improvements,
City Project No. 2017-111
·. 'l . ,.i ·· ... ,
Service Order li S
Page 2 of 2
(iJ Pave nH?nt Engi neering· lrrc .
August 24, 2017
City of Cupertino
Carmen Lynaugh
10300 Torre Avenue
Cupertino, CA 95014
RECEIVED
AUG 2 8 2017
PUBLIC WORKS DEPARTMENT
Subject: Second Proposal for Engineering Services
Jollyman Park & Varian Park Site Improvements
Dear Carmen:
MP17-443
In accordance with your request, PEI is pleased to provide this new proposal for
completing the subject project. This proposal breaks down our fees over three phases:
Complete PS&E Package, Bid Support, and Construction Support
PS&E Package
Construction drawings, technical specifications and engineer's estimate was returned with
redline comments after review by the City and Callander Associates, the City's
Landscape Architecture consultant. PEl's scope to complete the PS&E package will
include :
e Revise construction drawings to reduce impact to existing trees in and around work
zone.
e Update title sheet and construction details .
e Make revisions to specifications.
e Update engineer's estimate based on revisions.
Following completion of the PS&E package, PEI will be available to provide support to the
City during the Bidding and Construction Phases . Our scope of services during these
phases will include the following:
o Attendance at Pre-Bid and Pre-Construction Meetings.
e Respond to questions and RFls, and prepare addenda as necessary.
e Review Submittals and provide technical support as necessary.
Our scope of services during Bid and Construction Phases will exclude:
o Full-time construction inspection.
o Materials sampling and field/laboratory testing.
.. Other meetings or site ·visits not specifically identified in this proposal.
Carmen Lynaugh
August 24, 2017
MP17-443 JollymanNarian Park Improvements
Page 2
If our serv ices are required for any listed exclusions in this proposal PE I will negotiate
with the Client for additional fees , as needed.
Our fee to perform the scope of services described in this proposal is $7 ,830 . The
attached summary provides a breakdown of fees by the various phases of the project. All
reimbursable costs associated with the project (i.e. travel, repro, shipping) are included in
this fee no addit ional charges are anticipated .
If you have any questions regarding this proposal, please do not hesitate to contact Mike
Wasden at (707) 695-5327 .
Very truly yours,
PAVEMENT)!f:J GINEERING , INC.
/',.-·--·~/ ) I ,;, t ~
i ' \"""---------~·-·~---"""'
Joseph L. Ririe , PE
Principal Engineer
ktd ,' ~-~ ()~)()._()
,5v{V1-lQ,S $ Lf-10
----·-,.-----------~····-·---
--,~1
(X>#-S
(,,vvLt-~
Z :\Shared\R Drive\Admin \Text\Mark eting \Propos als\Proposa ls 2017\MP17-44 3_pr.d oc
Description
Senior Principal Engineer
Ci t y of Cupe rt ino
Jollyman I Varian Park Improvements
MP17-443
Estimated Fee Summary
Phase 1: Complete PS&E Package
Rate
$ 225.00
Principal Engineer/Project Manager $ 185.00
Sr. Engineering Technician $ 160.00
Drafting $ 135.00
Units
1
5
3
14
Phase 2 Total:
Phase 3 : B i d/ Constructi o n Support
Descri ption
Senior Principal Engineer
Principal Engineer/Project Manager
Rate Units
$
$
225 .00
185.00
6
16
Extens ion
$ 225 .00
$ 925.00
$ 480 .00
$ 1,890.00
$ 3,520.00
Extension
$ 1,350.00
$ 2,960 .00
Phase 3 Total: $
Total: $
4,310.00
7,830.00
Ac{d Se<. 1/ '11 (). C)o
fiJ