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05-013, Pavement Engineering, Inc. AGREEMENT NotJ1flJS-43? tJ CUPEI\IINO CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 BY THIS AGREEMENT, made and entered into on the 8th day of February , 20 ~, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Pavement Engineering rnc. (2) Address 1301 Rand Street. Ste. D City Petal UIDa, C,A Zip Q4Q')4 Phone (07) 769-5330 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Design, contract documents, cost estimate, bid support, const. inspection & suoport for 2005 Annual Overlay project EXHIBITS: The following att8:cl1ed exhibits hereby are'l11ade part 01 this Agreement: " See Exhibit A" Proposal TERMS: The services and/or materials furnished under this Agreement shall commence on February R, 700') and shall be completed before December 1. 2005 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $89,850 with Director approval on an additional $5,000 for additional work 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 liabilit~ includi~ all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be lia e for acts of Contractor in performing services described herein. due to negligence, errors and omissions Insurance: Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor: It is understood and agreed that this 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: NAME Carmen Lynaugh 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. CONTRACTOR:-J , ./ , / ,/:{ ///' /, By / J /~,t /c, . ,/tr Title' P~.s~1 Soc. Sec. # By Title Yellow: Contractor Gold: Department fi1 Pavement Engineering Inc. Civil Engineers . Materials Testing Specializing in Pavement Rehabilitation EXHIBIT A PUBUC WORKS FEB 11 200~, February 1, 2005 MP05-034a Ms. Carmen M. Lynaugh Public Works Projects Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Subject: 2005 Annual Overlay Project ~~Dgineering, Inspection and Testing Services Dear Carmen: It was a pleasure to hear from you last week and discuss the scope of work for the subject project. Pavement Engineering is pleased to provide a proposal for the preparation of contract documents, as well as the contract administration phase of the work. As you are aware, PEl has performed numerous projects in the past for the city of Cupertino. This proposal is based on our past experience working with the city on similar projects. It is our understanding that the target budget of the project is approximately $800,000 to perform the work, including design, testing and inspection fees. The street list includes several roadway segments in the El Rancho neighborhood. Past experience in this area shows that local R-value's range between less than 5 up to 10. Pavement thicknesses generally vary between 2 to 3 inches on most roadway segments, with a base thickness ranging between 0 to 4 inches. Typical rehabilitation treatments in this area have included milling and filling, or placing a leveling course, fabric and overlay. Significant digouts have also been performed in the past in this neighborhood. We anticipate similar rehabilitation methods for the 2005 Overlay project. From our preliminary review of the streets it is apparent that there is significant concrete repair work to be done in the El Rancho neighborhood. From our phone discussion we understand that a prior contract will address as much of the concrete work as possible, but there may be some work added to our project if it is not completed in the concrete contract. 1301 Rand Street, Suite D, Petaluma, CA 94954-1196 . Tel. (707) 769-5330 . Fax (707) 769-5333 20260 Skypark Drive, Redding, CA 96002-9221 . Tel. (530) 224-4535 . Fax (530) 224-4539 1248 Laurel Lane, Suite B, San Luis Obispo, CA 93401-5860 . Tel. (805) 781-2265 . Fax (805) 781-2267 Ms. Carmen M. Lynaugh February 1, 2005 MP05-034 Page 2 Scope of Work The following describes our scope of work and fees for this project: Preparation of Contract Document and Cost Estimate PEl will prepare the documents based on our approach in past years. All field quantities of physical elements to be incorporated in the rehabilitation work of each street will be measured and recorded. This information will include location of existing striping, pavement markers and paint markings; location of underground utility covers; limits of paving transitions, digouts, and other pavement repairs; and total area of pavement to be resurfaced. If any concrete repairs or tree root damage is identified during our field reviews, including corners requiring access ramps, this work will be noted and brought to the City's attention to determine if the repairs should be added to the contract. The existing striping is to remain unchanged except as indicated by the City. Our design approach will also include any pavement evaluation testing such as deflection testing, coring and R-value determination as required. The extent of this testing will be determined by the project design engineer during initial field visits. These tests are included in our fees. All field quantities will be compiled into individual engineer's estimates by street segment. A summary spreadsheet of the entire proj ect will be provided. Technical specifications will be drafted and details for typical sections, transitions, keycuts, digouts, and additional pavement work will be prepared. Any portions of the work which require further clarification will be submitted in the form of drafted plan views, details, elevations, or cross sections, as is necessary. All such details are anticipated to be 8-1/2 x 11 inch size and will be bound into the specification package. This information will be submitted to the City as part of the 90% design submittal. R:\Business\Text\Marketing\Proposals\Proposals2005\MPO5-034a_pr.wpd fa Ms. Carmen M. Lynaugh February 1, 2005 MP05-034 Page 3 After review of the 90% submittal, we will meet with the City staff to resolve any outstanding issues and will adjust the contract documents accordingly. Biddinq Process Support Services After the final submittal, we will be available to answer any specific questions from the City concerning the design and the technical issues of the contract documents. Should the need arise, we will prepare an addendum as required. In addition, we will also be available for help with questions from the contract administration personnel or from contractors during the bidding process. Construction Inspection and Support Services PEl will provide construction inspection and support services similar to past projects. Our services will involve on-site inspection through the various phases of the work, including compaction testing during paving. We will perform field materials testing at the outset of paving and perform laboratory testing on the material during the paving process. A project manager will also be available during the inspection and testing to maintain communications between the City, our Inspector(s), and the Contractor. The project manager will take care of submittal reviews, payment requests, and any other coordination necessary during the work. Fees Attached to this proposal is a spreadsheet with an approximation of the hours anticipated to complete the work in both phases of the project. This spreadsheet will be updated regularly and included with each invoice to summarize our efforts during each respective billing period. R:\Business\Text\Marketing\Proposals\Proposals2005\MPO5-034a_pr.wpd fa Ms. Carmen M. Lynaugh February 1, 2005 MP05-034 Page 4 Preparation of Contract Document and Cost Estimate PEl's fee for the work is based on similar services provided to the City. Our fees for the total project include all field work, design work and contract document development up to completion of the project. Our fees also include answering questions during the bid process and preparation of Addendum if necessary. All fees and costs associated with this project are subject to final negotiation with the City of Cupertino. The attached proposal conditions apply. Typically, our fees for this service range between 5% to 6%. Total Design Services: $39,495.00 (~5% of contract) Construction Inspection and Support Services Our estimated fee for construction inspection and support services is based on the expected type of work to be performed and the anticipated schedule of the contractor. As in past projects, this amount may vary based on the actual schedule of the contractor. If this should occur, we will notify the city in advance to negotiate any changes in fees. Please bear in mind that our fee is not a fixed sum but rather a rate based on the actual time worked by our personnel. In the event that the actual time is less than the estimated time, our fee will be less than the stipulated amount. All fees and costs associated with this project are subject to final negotiation with the City of Cupertino. The attached proposal conditions apply. Based on past projects performed for the city of Cupertino, construction inspection and support services have ranged between 7% and 9.5% of the construction cost. Estimated Inspection and Support Fees: $50,355.00 (~6.3% of contract) R:\Business\Text\Marketing\Proposals\Proposals2005\MPO5-034a_pr.wpd fa PROPOSAL CONDITIONS 1. Proposal is valid for thirty days from the date of the proposal. 2. All work shall be performed utilizing common methods and practices of the civil engineering profession. Reports and construction documents will be signed by a registered civil engineer. 3. Fees for Lump Sum or Unit Price Proposals will be charged at the quoted price. The quoted prices include all laboratory testing costs. Fees for Engineering and Technical Services on a Time and Materials Basis will be charged at the applicable hourly rates of the current PEl Fee Schedule. 4. The proposal is based upon providing liability insurance with limits up to $1,000,000. 5. One copy of an Engineering Report or Plans and Specifications will be provided to the Owner of a project. Additional copies are $35 each. 6. Payment: Invoices will be submitted at the completion of the work for Engineering Reports. Inspection fees will be invoiced on a monthly basis. All invoices are due upon receipt. Interest of 1-1/2% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. Attorneys fees or other costs incurred in collecting any delinquent amount shall be paid by the client. R:\Business\Text\Marketing\Proposals\Proposals2005\MPO5-034a_pr.wpd 2005 Annual Overlay Project MP05-034/MP05-035 City of Cupertino Design Development Description Proposal Units Units Rate Extension Principal Engineer hour 13 $ 175.00 $ 2,275.00 Associate Engineer / Project Manager hour 110 $ 140.00 $ 15,400.00 Engineering Technician / Drafting hour 138 $ 95.00 $ 13,110.00 Deflection Testing hour 8 $ 275.00 $ 2,200.00 Coring hour 15 $ 225.00 $ 3,375.00 Traffic Control hour $ 100.00 $ R-Value each 3 $ 195.00 $ 585.00 Per Diem each 7 $ 150.00 $ 1,050.00 Mobilization each 1 $ 1,500.00 $ 1,500.00 TOTAL DESIGN DEVELOPMENT $ 39,495.00 Contract Administration Description Proposal Units Units Rate Extension Principal Engineer hour 10 $ 175.00 $ 1,750.00 Project Manager hour 85 $ 140.00 $ 11,900.00 Inspection day 30 $ 1,050.00 $ 31,500.00 Lab Testing: Test Strip each 1 $ 1,125.00 $ 1,125.00 AC Tests during Production each 5 $ 550.00 $ 2,750.00 Mobilization each 1 $ 1,330.00 $ 1,330.00 TOTAL CONTRACT ADMINISTRATION $ 50,355.00 CITY OF CUPERTINO 2005 o VERLA Y PROJECT STREETS STREET FROM TO LENGTH WIDTH S.F. ANNE LN TANTAU END 315 36 11,340 ARATA WY LOREE CALVERT 990 38 37,620 BARNHART AVE CULBERTSON MORETTI 566 37 20,942 BARNHART CT BARNHART END 250 33 8,250 BRET AVE LOREE SCB 1,225 38 46,550 CALVERT DR MENHART NORTH END 732 38 27,816 GASCOIGNE DR WUNDERLICH BARNHART 1,240 33 40,920 JOHANSEN DR MEIGGS PENDERGAST 1,012 37 37,444 JOHNSON AVE BOLLINGER NEWSOM 275 37 10,175 LOREE AVE CALVERT JOHSON 210 38 7,980 MEIGGS AVE TANTAU MOREN GO 734 37 27,158 MINETTE PL MINETTE END 160 33 5,280 NEWSOM AVE CARVER JOHNSON 512 33 16,896 PENDERGAST AVE CULBERTSON WUNDERLICH 1,122 37 41,514 STERN LOREE STEVENS CREEK 1,180 38 44,840 TILSON AVE CALVERT JOHNSON 270 38 10,260 TUGGLE PL WUNDERLICH E. END 168 33 5,544 TOTAL 400,529 rootlbusiness/marketing/proposals/2005/cupertino OL Project.xls