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16-046 Pavement Engineering, Inc., Master Agreement for Construction Management and Asphalt Testing Consultant Services
MASTER AGREEMENT PO #: 2-ot(p _ t;;r} Maximum Compensation: $60,000 Term: NTP: March .Z..?2016 Approval by: City Manager City Council SERVICE ORDER PO#: 2 ------ END DATE: June 30, 2017 Director D Date: Item Number: Date: :oJ l,S' //Ct, 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: Design Support for 2016 Concrete Improvements, City Project No. 2016-XX D Description: Time and reimbursables b etween Marc~ 2016 and June 30, 2017 for service in accord with Exhibit A-3 of 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 ex pended: Amount: $325,000 $265,000 $ 0 $60,000 Amount available to be Encumbered for a SO: ENCUMBER: Account No. 270-85 820 909-922-SO# 2. $60,000 Total Expended and Encumbered to date: $265,000 Master Agreement Balance: $0 City of Cupertino Service Order #2 Inspection/Quality Control, Constructi on Management Services and Concrete Layout Design -PEI Inc. Design Support for 2016 Concrete Improvements City Project No. 2016-XX Page 1of2 (sland;:i r d form consul tan t mas ter agrcernent-5 0 October 20 13) APPROVALS Consultant: /N ~ Director of Public Wor .>' Date: Date: 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: --t--fL_,~<..=--,--__ Date: L{ {'IA (/ ~ J City of Cupertino Service Order #2 Inspection/Quality Co ntrol, Construction Management Se rvic es a nd Concrete Layout Design -PEI Inc. Design Support for 2016 Concrete Improvemen ts Cit y Project No. 2016-XX (slandJrd form consulldnl master agreemenl-S 0 October 2013) Page 2 of 2 PAVEM-2 OP ID: AY ACORD. CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM /DD /YYYY ) ~ 03/23/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFI CATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certi ficate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder i n lieu of such endorsement(s). PRODUCER CONTACT NAME : Andreini & Company-San Mateo PHONE I FA X License 0208825 IA/C No Extl: (AIC No): 220 West 20th Ave E-MAIL San Mateo, CA 94403 ADDRESS : INSURER(S ) AFFORDI NG CO VERAGE NA IC # INSURER A : Travelers Indemnity Company 25658 INSURED Pavement Engineering , Inc . INS URE R B: State Compensation Ins Fund 35076 3485 Sacramento Drive Suite A INS URER c ,Admiral Insurance Company 24856 San Luis Obispo, CA 93401 INSU RER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER : THI S IS T O CERTIF Y THAT THE PO LI C IES OF IN SURANC E LISTED BELOW HAVE BEEN ISS UED TO THE IN SURED NAMED ABOVE FOR THE POLI CY PERIOD IND ICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DO CUMEN T WI TH RESPECT TO WHICH THI S CERTIF ICATE MAY BE ISSUED OR MAY PERTAIN , THE IN SURANCE AFFORDED BY THE POLIC IE S DES CRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLU SION S AND CONDITIONS OF S UC H POLI CIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA IMS. INSR jA DDL ~UBR PO LICY EFF POLICY EXP LIMITS LTR lYPE OF INSURANCE ''"~o l>rn m POLICY NUMBER fMM/DD/YYYYI I fMM/DD /YYYY l GENERAL LIA BI LllY EACH OCCURRENCE s 1,000,00C -u;;M;;uc I U r<c" 1 cu A x COMMERCIA L GEN ERAL LI ABILITY x x 6808E103753 07/01/2015 07/01/2016 PREMISES !Ea occu rrence) s 300,00C >-----D CLAIMS -MAD E 0 OCCUR 5 ,00C MED EXP (Any one pe rson) s >----- PERSON AL & ADV INJURY s 1,000,000 >----- GE NERA L AGGREGATE s 2,000,000 >----- GE N'L AGGREGATE LI MIT AP PLI ES PER: PROD UCTS -COMP/O P AGG s 2,000,000 Xl PO LI CY n m9-r n LOC Emp Ben. s 1 ,000 ,000 AUTOMOBILE LIABILllY COM BINED SI NGLE LI MIT 1,000,000 !Ea accidenll s - A x ANY AUTO x x BA-8E104516 07/01/2015 07/01/2016 BODILY INJURY (Per person ) s --ALL OWNED SC HEDULED BODI LY INJUR Y (Per acciden l) S -AUTOS -AUTOS NON-OWNED PROPERTY DA MAGE s HIRE D AUTOS AUTOS IPER AC CIDEN T! >------s x UMBRELLA LIAB MOCCUR EACH OCCURRENCE s 5,000 ,00C ~ 5,000,000 A EXCESS LIAB CLAIMS -MADE CUP8E106024 07/01/2015 07/01/2016 AGGREGATE $ DED I I RETENT IO N $ s WORKERS COMPENSATION x I WC STATU -I IO TH- AND EMPLO YERS' LIABILllY TrlRY LI MITS ER B Y/N 910510715 07/01/2015 07/01/2016 1 ,000 ,000 ANY PRO PR IE TOR /PA RTNE R/EXEC UTIVE D E.L. EACH ACC ID ENT s OFFI CER /ME MBER EXC LUDED ? N/A (Mandatory in NH) E.L. DISEASE -EA EMP LOY EE S 1,000,000 If yes , describe under DESCR IPTION OF OP ERATI ONS be low E.L. DISE ASE -POLICY LI MIT s 1,000,000 c Professional Liab. E000002633802 08/05/2015 08/05/2016 Limit: 2 ,000 ,00C Ded. 20,000 DE SCR IPTIO N OF OPERATIONS I LOCATIONS I VE HIC LE S (Attach ACORD 101 , Additiona l Remarks Sc hedu le, if more space is requi red) The City, its council , boards and commi ssions, officers employees and volunteer shall be named as additional insured under all insurance coverages, except any professional liability insurance , in regard to general liability per attached endorsement CG D3 81 09 07. CERTIFICATE HOLDER CANCELLATION CUPCUP2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLIC Y PROVISIONS . 10300 Torre Ave Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE - v ~ -/--~ I © 1988-2010 ACORD CORPORATION . All rights reserved . ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or In part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured ls limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional seNices". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section Ill) for this Coverage Part . B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance . C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc ., with its permiss ion . COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs , or the "per- sonal injury" offense is committed . D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part , provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect ; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Compan i es , Inc. CG 03 81 09 07 Includes the copy ri ghted material of Insurance Services Office , In c., with its permission . MASTER AGREEMENT PO #: XX 2--a / fo -5~':\-SERVICE ORDER PO#: 1 ------'=------ Maximum Compensation: $265,000 Term: NTP: March z$2016 END DATE: June 30, 2017 Approval by: City Manager City Council Director D Item Number: Consultant: Firm Name: Pavement Engineering, Inc. Date: Date: 3/ 1 S-{ ( lo Address: 3820 Cypress Drive, Suite 320, Petaluma, CA 94954-5613 Contact: Mike Wasden Phone: (707) 769-5330 PROJECT DESCRIPTION Project Name: Construction Management for 2016 Pavement Maintenance Project - Phase I, City Project No. 2016-15 D Description: Time and reimbursables between March:£, 2016 and June 30, 2017 for ser.vice in accord with Exhibit A-1 of 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: Amount: $325,000 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 II 1 Total Expended and Encumbered to date: Master Agreement Balance: $ 0 $ 0 $325,000 $265,000 $265,000 $60,000 City of Cupertino Service Order #1 Inspec tion /Quality Control, Construction Management Services and Concre te La yout D es ign -PEI Inc . Consh·uction Manage m ent for 2016 Pavement Maintenance Proj ec t -Phase I, City Project No. 2016-1 5 Page 1of2 (stand<1rd form cunsullclnl master Jgrecmenl-5 0 OLtobcr 2ll 13) APPROVALS -~--"----=-=ii<"=~:::__--+--Date: 3 / Z '-6 f (I:, +---,~ _ __.,,.... ____ Date: 1/z,a/!C, 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: ~ --~tt--------ic------Date: <{{<A, !1 <.. City of Cupertino Service Order #1 Inspection/Quality Control, Construction Management Services a nd Concrete Layout Des ign -PEI Inc. Construc tion Management for 2016 Pavement Maintenance Project -Phase I, City Project No. 2016 -15 Page 2 of 2 (standard form cnnsullanl maskr agrccmenl-5 0 October 2013) MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PAVEMENT ENGINEERING INC.FOR CONSTRUCTION MANAGEMENT AND ASPHALT TESTING CONSULTANT SERVICES ,tiA THIS MASTER AGREEMENT, for reference dated March 15,° 2016, is b y 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 existing 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 special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to prov ide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for Program and Project Management Services upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on June 30, 2017unless terminated earlier as set forth herein. At City's sole discretion, City may exercise an option to extend the contract term for up to six months. This City shall exercise this option, in writing, on or before June 1, 2017 . City of Cup er tin o Consultant Mas ter Agreement In s p ec tion /Quality Control, Construction Manage me nt Services a nd Concrete La yo ut D es ign -PEI In c. 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 Three Hundred Twenty Five Thousand and Zero Dollars ($325,000). 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. All requests for payment from Consultant to City shall be addressed to the City to: Attention: Roger Lee City of Cupertino Consultant Master Agreement In s p e cti on /Quality Control, Cons tructi on M a n age m ent Ser vices a nd Concre te Layout D es ign -PEI Inc. Pa ge 2of14 City of Cupertino 10300 Torre Ave. Cupertino 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 specializ es in performing professional services of a like nature and complexity, and agrees that all services shall be performed by similarly 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 mam1er 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 IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by City of C uper tin o Consultant Master Agreement In s p ec ti on/Qua lity Conh·ol, Cons tructi on Manage ment Se rvices and Con cre te Layo ut Des ign -PEI Inc. Pa ge 3 of14 Consultant. 10. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated . Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 11. PR O JECT COORDINATION CITY: The Director of Public Works, or designated agent shall be representative of City for all purposes under this Agreement. Roger Lee is hereby designated as the Director of Public Works' agentand shall supervise the progress and execution of this Agreement. CONSUL TANT: Consultant shall assign a single Consultant Project Executive to have overall responsibility for the progress and execution of this Agreement for the Consultant. IC subsequent to the execution of the Agreement circumstances or conditions require a substitute Consultant Project Executive for any reason, the proposed replacementConsultant Project Manager shall be subject to the prior written acceptance and approval of the City Director of Public Works or the above named designated agent.. The designated Consultant Project Executivefor the Agreement term shall bePaul Curren. 12. HOLD HARMLESS: A. Indemnity Obligations Subject to Civil Code Section 2782 .8. Where Consultant's services fall within Civil 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 or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection 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, City of Cupertino Consultant Master Agreement Inspection/Q u a lity Conh·ol, Con stru cti on Management Services and Concre te Layout D es ign -PEI In c. Page 4of14 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 arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of cow1sel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Notwithstanding the foregoing, the Consultant has no duty to provide or to pay for an 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 extent 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 connection 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, including any injury to or 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 thisAgreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of cow1sel of City's choice, expert fees and all other costs and fees of litigation. 13. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates 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 City of Cupertino Consultant Master Agreement In s pection/Quality Control, Cons truction Management Se r vic es and Concrete La yout D es ign -PEI Inc. Pa ge 5of14 indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered b y 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 maintain 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 naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $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 required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage m 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 Ci ty of C up ertino Consultant Master Agreement In s p ec ti on /Qu ality Control, Con s tru cti on Managem e nt Services and Concrete Layout D es ig n -P EI Inc. P age 6 of14 to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City b y virtue of the payment of any loss under such insurance. C. FAIL URE TO SECURE: If Consultant at any time during the term 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 commissions, 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 which 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 policy or any extension thereof. Any other insurance held b y an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: 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, etse q.of the California Code of Regulations. City of Cup ertin o Consultant Master Agreement In s p ec ti on/Qua li ty C ontrol, Con s tructi on Ma n agem ent Se rv ices and Co ncre te Layo ut D es ig n -PEI In c. Pa g e 7 o f14 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. SUBCONSUL TANT 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, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 18. REPORTS: City of C upertino Consultant Master Agreement Ins p ec tion/Qua lity Control, Cons truction Management Serv ic es and Concrete La yout D es ign -PEI Inc. Page 8 of 14 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 with out 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 C ity of Cupertin o Consultant Master Agreement Ins p ec ti on /Qua lity Control, Con s tru ction Managem ent Se rv ices and Con cre te Layo ut D esign -PEI In c. P a g e 9 o f 14 necessary, and to allow inspection of all work, 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 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, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 20. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing 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 notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Roger Lee All 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: Mike Wasden 21. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof 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 default and the steps necessary to cure City of Cup ertino Consultant Master Agreement Inspec ti on/Quality Control, Construction M an agem e nt Ser v ices and Con cre te Layout Des ign -PEI Inc. P a ge 10 of 14 such default, If, after receipt by Consultant, such default is not cured within the time specified, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 22. COMPLIANCES: Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued b y 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 su bcontractors 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 performed 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 V2 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 journey man, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The Payroll Record s shall be made avail a ble for ins pection as prov ided in California Labor Code Section 1776. D. APPRENTICES: Consultant shall comply with California Labor Code Section 1777.5 regarding apprentices. City of Cuper tino Consultant Master Agreement Ins pec tion/Quality Co ntrol, Con s tru ction Manage m ent Services and Concre te Layout Des ign -PEI In c. Pa ge 11 of 14 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: 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. C ity of Cuperti no Consultant Master Agreement Inspection/Quality Con trol , Cons truction Management Services and Concrete Layout Design -PEI In c. Page 12of14 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 b y the Administrative Procedures. 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. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the 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 inserted, 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 CONSULT ANT does hereby represent and warrant that the CONSULTANT 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 b y this Agreement. 30. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties hav e caused the Agreement to be executed. Ci ty of Cupertino Consultant Master Agreement In s p ec tion/Qu ality Control, Con s tru ction Mana ge m e nt Se rvices a nd Concre te Layout D es ig n -P EI Inc. Page 13of14 CONSULTANT Pavement Engineering Inc. A California Corporation By William J. Long Title: Vice President Date ?:>; LCO I I G Tax I.D. No.: (i]<fl-Ot..j l.tz l<t(o(,o Address: 3820 Cypress Drive, Suite 3, Petaluma, CA, 94954-6964 CITY OF CUPERTINO A Municipal Corporation Ily~-(j- Timm Borden, Director of Public Works Date f /-i-/! {. ATTEST: Contract Amount: $325,000 Account No.:270-85-821-900-921 City of Cupertino Consultant Master Agreement In s p ection/Quality Control, Con s truction Management Services and Concrete La yo ut D es ign -PEI Inc. Page 14 of 14 EXHIBIT A SCOPE OF SERVICES The CONSULTANT shall provide certain Inspection/Quality Control, Construction Management services and Concrete Layout Design as required and requested by the CITY. The CONSULTANT shall provide services tmder 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 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 Construction Management 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 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 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 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, Consh·uction Management services and Concrete Layout Design for various CITY Public Works projects. All services performed shall b e authori ze d by a fully executed SERVICE ORDER prior to work commencement. Consultant services w1der this Master Agreement may include, but are not limited to: City of C upertin o Exhibit A-Scope of Services Inspe ction/Quality Control, Construction Ma nagement Se r vices a n d Co n cre te Layout D es ig n -P EI Inc. P age 1 of 3 EXHIBIT A SCOPE OF SERVICES A. Inspection/Quality Control Phase 1. Support asphalt testing of various City projects . 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 Conh·a ct 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 commw1ications, City instructions, pw1Ch lists and other project information will be maintained. B. Concrete Layout Design Phase 1. Support City staff and City designated Project Manager with concrete layout design of various City projects. Services to include: a. Attend and participate in field meetings. b. Field review existing concrete improvements within areas designated by Project Manager for: 1. Compliance with applicable accessibility standards 2. Potential hazards related to pedestrian trip & fall 3 . Unacceptable ponding of water with curb & gutter flow line c. Mark in field and quantify amow1ts of concrete removal and replacement necessary to resolve identified areas. d. Timely transmit information written and digital form to Project Manager. C. Construction Phase: 1. Support City staff and City designated Project Manager with construction management of various City projects. Services to include: 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 I City of Cupertino Exhibit A-Scope of Services In s p ecti o n/Qu ality Co ntrol, Construction Management Se rvi ces and Concre te Layout Design -PEI Inc. Page 2 of 3 business e s . EXHIBIT A SCOPE OF SERVICES g. Files (both hard copies and electronic copies) containing the above along w ith commw1ications, City ins tructions, punch lists and other project information will be maintained. h . Ability to act on behalf of Proj e ct Manager during Proj e ct Manager abs ence. i . Ability to match Project Manager & Contractor work schedule, including work at night. END OF EXHIBIT City o f C upe rtino Exhibit A-Scope of Services Ins p ecti o n/Quality Contro l, Con s tructi on Managem ent Serv ices a nd Co n cre te Layo ut D es ig n -P EI Inc. P age 3 o f 3 EXHIBIT A-1 SCOPE OF SERVICES The CONSULTANT shall prov ide certain Inspection/Quality Control and Cons truction Management s ervices as required and requested by the CITY. The CONSULTANT shall provide services w1der this 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 Section 11 , PROJECT COORDINATION 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 authorized Agent. B. The CONSULTANT shall perform all services under this agreement to the currently prevailing professional standards and quality found among Inspection and Construction Management Consultants with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances . C. The CONSULTANT shall perform services w1der this AGREEMENT only by authoriz ation of a fully executed SERVICE ORDER which shall clearly provide the nahue of the s pecific services, the time limit within which such services must be complete d , 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 full y authoriz ed 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 designate d Project Manager. SECTION 2. BASIC SERVICES The Consultant shall provide Inspection/Quality Control and Construction Manag ement serv ic e s for 2016 Pavement Maintenance Project -City Project No . 2016-15. All se rvices per form e d shall b e authoriz ed by a full y executed SERVICE ORDER prior to work commencementand as detailed in the Pavement Engineering Inc. transmittal dated February 19, 2016 (attached for reference). Consultant service s under this Master Ci ty o f C u pertin o Exhibit A-1 -Scope of Services In s p ec ti on /Qua lity Contro l, Con s tru cti on Managem e nt Serv ices a nd Con crete Layo ut Des ig n -P EI In c. 20 16 P avem ent Ma inte n a n ce Projec t -C ity Proj e ct No . 2016-1 5 -P EI In c. Pa ge 1 of 3 EXHIBIT A-1 SCOPE OF SERVICES Agreement may include, but are not limited to: A. Inspection/Quality Control Phase 1. Support asphalt testing of 2016 Pavement Maintenance Project-City Project No. 2016-15. 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 2016 Pavement Maintenance Project -City Project No. 2016- 15.Services to include: 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 I businesses . g . Files (both hard copies and electronic copies) containing the above along with communications, City instructions, punch lists and other proj e ct information will be maintained . h . Ability to act on behalf of Project Manager during Project Manager absence . L Ability to match Project Manager & Contractor wor k schedule, including work at night. City o f C upertino Exhibit A-1 -Scope of Services In s p ec ti o n/Qua lity Control, C on structi o n Managem ent Se rvices a nd Con cr e te Layo ut Des ig n -PE I Inc. 201 6 P avem ent Ma inte na n ce Proj ec t-C ity Proj e ct No. 2016 -15 -P EI In c. P age 2 o f 3 EXHIBIT A-1 SCOPE OF SERVICES END OF EXHIBIT City of Cupertino Exhibit A-1 -Scope of Services Inspection/Quality Control, Construction Manageme nt Services and Concrete Layout Design -PEI In c. 2016 Pavement Maintenance Project-City Project No. 2016-15 -PEI Inc. Page 3 of 3 Pavement E ngi neering Inc. You ca n ric/e on o ur repu tation February 19, 2016 Mr. Roger Lee City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 Subject: SCOPE OF SERVICES 2016 Pavement Maintenance -Phase 1 Dear Roger: MP16 -102A This letter provides our proposed scope of work and hours relating to the subject project. The scope is divided into three sect ions for Contract Administration, Inspection and Laboratory Testing . The hourly and test rates are based on the current fee schedule which is part of the Master Agreement. The work scope will be consistent as provided to the City during the past years projects. The estimated construction value of the project is $3,500 ,000 with 70 working days. Contract Administration The scope of services provided under contract administration include reviewing submittals, meetings, documenting pay quantities, prepa ring project records , keeping track of weekly statement of working days, field review of potential construction issues, responding to RFls , preparing RFQs, preparation of change orders , estimating the cost of potential change order work, schedule coordination , etc. The hours and fees relating to this work are identified in the attached printout. Inspection Inspection work consists of providing experience technicians in asphalt paving mate r ials and construct ion . It includes providing density testing with a nuclear gauge and coring if necessary to verify compaction. The work includes complying to Prevailing Wage requirements relative to employee compensation . The hours and fees relating to this work are identified in the attached printout. Se r vin g Ca lifornia s in ce l 987 www.pavement engin eerin g.com Mr. Roger Lee MP16-102A February 19, 2016 Page 2 Laboratory Testing Laboratory testing includes materials tests to assure the City that the materials supplied to the City are in general accordance with the project special provisions and applicable Caltrans Standards. The tests and number of proposed tests are identified in the attached printout. The overall fee for this work is not to exceed $243,917 .50. A breakdown of hours and fees is attached. If you have any questions, please contact me . Very truly yours, P7~ T ENGINEERING INC. . :tti~ Paul R. Curren, P.E. Senior Civil Eng ineer Attachment: Fee and Hours Breakdown W:\Shared\R Drive\Business\Text\Marketlng\P roposa ls\Proposals2016\MP16-102A_p r.docx City of Cupe rtino 2016 Pavement Maintenance Project -Phase 1 Fees & Hours Breakdown I Description Senior Engineer Principal Engineer/Landscape Architect Senior Engineering Technician Clerical I Description PW Inspector -North PW Inspector Travel -North I Description Project/Construction/Laboratory Laboratory Technician Travel I I fiJ Pavement Engineering Inc. Civil Eng ineering • Land<cap e Architecture Ca /Trans/A M RL QC/QA • Con struc tio n Ma n agem ent Rate $ 195 .00 $ 175.00 $ 135 .00 $ 35 .00 Rate $ 154 .50 $ Rate $ 135.00 $ 80.00 $ 130.00 Hours Total 150 $ 29 ,250 .00 5 $ 875.00 323 $ 43,605 .00 5 $ 175.00 Total: $ 73 ,905 .00 I Hours Total 990 $ 152 ,955.00 0 $ Total: $ 152.955 .oo I Hours T otal 44.5 $ 6,007.50 130 $ 10,400.00 5 $ 650 .00 Total: $ 17.057 .50 I Total : $ 243,917 .50 MP16-102A EXHIBIT A-2 SCOPE OF SERVICES The CONSULTANT shall provide certain Concrete Layout Designand Construction Managementservices as required and requested by the CITY. The CONSULT ANT shall provide serv ices 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 Worksand (2) as defined in a fully 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 CONSULTANT shall perform all services under this agreement to the currently prevailing professional standards and quality found among Construction Management and Civil EngineeringConsultants 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 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 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 d e signate 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. City o f Cupe rtin o Exhibit A-2-Scope of Services Inspecti on /Qua lity Contro l, Con structi on Ma n agem e nt Se r v ices a nd Co n cre te Layout Des ign -PE I In c. 201 6 Con cre te Improvem ents, City P roject No. 201 6-XX Page 1 of 3 SECTION 2. BASIC SERVICES EXHIBIT A-2 SCOPE OF SERVICES The Consultant shall provide Concrete Layout D es ign and Construction Management supportservices for various CITY Public Works projects. 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) Supportconcrete layo ut design and support construction management of the 2016Concrete Improvement Projectand as detailed in the Pavement Engineering Inc. transmittal dated February19, 2016 (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 cpmplaints 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 I 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. B. Facilities Provided 1) It is unders tood tha t Consultant will come e quipped with basic hand tools and personal protective equipment for construction management purposes and a City of Cupertino Exhibit A-2-Scope of Services Inspection/Quality Control, Construction Management Services and Concrete Layout Design -PEI Inc. 2016 Concrete Improvements, C it y Project No. 2016-XX Pa ge 2 of 3 EXHIBIT A-2 SCOPE OF SERVICES personal vehicle for use in p erforming the necessary work. END OF EXHIBIT C it y o f C u p ertino Exhibit A-2 -Scope of Services In s p ect io n/Qua lity Contro l, Con s tru cti o n Ma n age me nt Services a nd Con cre te Layout Des ign -P EI In c. 201 6 Con cre te Improvem e nts, Ci ty P roject No. 2016-XX P age 3 of 3 fiJ Pavement Engi neering Inc. Yo u c an r i cf e o n ow r e puta tio n January 19, 2016 Mr. Roger Lee City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 Subject: Dear Roger: 2016 Sidewalk Accessibility Improvement Project Proposal for Ramp Design MP16-102B This letter provides our proposed scope of work and hours relating to the subject project. The scope is for laying out ramps including complex designs. The hourly rates are based on the current fee schedule which is part of the Master Agreement. The work scope will be consistent as provided to the City during the past years projects . Ramp Design This task involves designing ADA ramps in the field to provide limits of removal and quantities of work. The work product will consist of measuring up and marking out the limits to installing a compliant ramp. For more complex ramps a hand-drawn scaled site sketch with elevations, slopes and dimensions necessary to determine the limits of the proposed ramp repair, for each ramp location. Copies of the designs will be reviewed with the City staff and contractor as necessary. The estimated number of ramps to be designed is 301. The designs will conform to the criteria provided by the ADA compliance person whenever existing slopes make full compliance unfeasible. Fee The fee for this work is not to exceed $49,500.00. A breakdown of hours and fees is attached . If you have any questions, please don't hesitate to contact me . Very truly yours, PAVEMENT ENGINEERING INC . ad- Pa u I R. Curren, P.E. Senior Civil Engineer Attachment: Hours and Fees Breal<down Serving C a lifornia s i n ce '/987 W :\Shared\R Drive\B usin es s\ T ex l\Marketing\Proposa ls\P ro posa ls2 016\MP 16-1 028 _p r.docx www.1i ;1ve11 1e nle r1 y i11 eerinf7-CO m City of Cupertino 2016Sidewalk Accessibility Improvement Project Fees & Hours Breakdown Description Rate Hours Senior Engineer $ 195 .00 60 Senior Engineering Technician $ 125.00 150 Engineering Technician $ 120.00 140 Non-Prevailing Wage Travel $ 75.00 30 I Total: Iii Pa ;:<;':!c;:!rfn,1~ ~ffi~'!a';~~~?rfL!:'c. Ca/Trans//\MRL QC/QA • Construction Management Total $ 11,700 .00 $ 18,750 .00 $ 16,800 .00 $ 2,250.00 $ 49,500.001 MP16-102B EXHIBIT B SERVICE ORDER PROCESS The CONSULTANT shall provide services w1der the 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 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 neat 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 Exhibit B-Service Order Process Ins p ec ti on /Qua lity Contro l, Co ns tru ctio n Man agem ent Se r vices a nd Co n cre te Layo ut Des ig n -P EI In c. P age 1 o f1 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 by a written 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 authorized Service according to the professional fee schedules on page 3, 4, 5 & 6 of this Exhibit. Reimbursable Expenses Reimbursable expense s 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 o f C u pertino Exhibit C-Compensation In specti on /Qua lity Con trol, Co n s tru ct io n Ma n agem ent Se r v ices a n d Con cre te Layout D es ig n -P EI In c. P age 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 51" 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 amow1t for current invoice, Service Order maximum compensation balance remaining. All Consultant payments shall be addressed to: Attention: Mike Wasden Pavement Engineering Inc. 3485 Sacramento Drive, Suite A San Luis Obispo, CA 93401-7156 City of Cupertino Exhibit C-Compensation In spec ti o n/Quality Contro l, Cons tructi on Ma n agement Se r vices a nd Concrete Layo ut Desig n -P EI In c. Page 2 of 6 5' () (f) ~· "Ci '<" ~ 0 ~ ...... 5 · () .2.. c D -u c ~ ni ::r. ;::-: ::i '<" 0 () 0 ;:i a .:-- () g ~ ..... c !=l. 5· ;:i $: OJ ;:i OJ CIQ f1) 3 f1) ~ w :;: ;:;· f1) (f) OJ ;:i 0.. () 0 ;:i n ;; ;:o g;< '< 0 c ~ 0 f1) (f) ciQ" ;:i tTl I >< '"U ::;"' til ~· -g: 5' r; 0 ' () 0 '"U 3 OJ -0 CIQ f1) f1) :l "' ~ 0 a-. ~ 0 a-, ::i fiJ Pavement Engineering Inc. Civil Engineering • Landscape Architecture Ca/Trans/AMRL QC/QA • Construction Management TOW 300 301 302 303 304 305 306 307 308 309 TOW 340 341 342 343 344 348 349 350 PROFESSIONAL FEE SCHEDULE MP14-211 CONSTRUCTION ENGINEERING & RELATED ACTIVITIES Senior Principal Enqineer Principal Engineer/Landscape Architect Senior Associate Engineer/Landscape Architect Associate Engineer Assistant Engineer Project & Construction Managers Senior Engineering Technician Engineering Technician Computer Technician Clerical PREVAILING WAGE WORK PW Project Inspector PW Laydown Inspector PW Compaction Testing PW Project Inspector -Overtime PW Project Inspector -Doubletime PW Travel PW Asphalt Plant Inspector PW Sample Pickup 3820 Cypress Drive, Suite 3 . Petaluma, CA • 94954-5613 • Tel. (707) 769-5330 • Fax (707) 769-5333 20260 Skypark Drive Redding, CA • 96002-9221 • Tel. (530) 224-4535 • Fax (530) 224-4539 3485 Sacramento Drive, Suite A • San Luis Obispo, CA • 93401-7156 • Tel. (805) 781-2265 • Fax (805) 781-2267 -----------·-······---········-·--·- Rate $195/hr $175/hr $155/hr $145/hr $140/hr $150/hr $130/hr $115/hr $11 O/hr $65/hr $150/hr $150/hr $150/hr $185/hr $210/hr $125/hr $145/hr $85/hr n 0 S::: t'l"J 'ij >< t'l"J :::c: z -en ~ > ..., ..., n -0 z :i n {/) ~· -0 --< ~ 0 ..,. ....., 15 · n :l ,... ;o -D ,... (1) -..... 0,) ::::. :::-: :l --< 0 ~ :l a .:- n 0 :l {/) ..... c !+ 15 · :l ~ !» :l !» OQ (1) 3 (1) ~ ?l1 ..., < ~- {/) !» :l P-n 0 :l n ..., (1) ro r !» '< 0 c ..,. 0 (1) {/) o'G" :l tT:I I X '""d =-~ g: 5' ..,. n 0 n 0 '""d s !» '"Ci OQ (1) (1) ::s >!'> ~ 8.. g. °' :l TOW 500 501 502 504 sos 506 510 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 LABORATORY FEE SCHEDULE ALL FEE'S ARE BASED ON THE ASSUMPTION THAT SAMPLES WILL BE DEUVERED TO PEI'S TESTING LABORATORY SOILS & HMA TESTING Sen ior Principal Engineer Principal Eng ineer Associate Engineer Laboratory Technician Sample Pickup Field Sampling Lab Trail er Mobilization Moisture Content (ASTM C566, ASTM D2216, CTM 225) Plastic ity Index (ASTM 04318 , CTM 204) R-value (ASTM 02844 , CTM 301) Total Sieve Analysis (ASTM C136, CTM 202) Sieve Analysis (Course Only) (ASTM C136) Sieve Analys is (Fine Only) (ASTM C136 , CTM 202) Total Sieve Analysis on Ignition Ovem Samp le Specific Gravity (ASTM C97, CTM 206 & 224) Cleanness Value (CTM 227) Sand Equivalent (ASTM 02419 , CTM 217) Durability Factor (ASTM 04886 , CTM 229) Crushe d Particles (CTM 205) Cement Treate d Base {CT M 312) Spectt ic Gravity (Coarse) (CTM 206 , CTM 224, ASTM C127) Specific Gravity (Fine) (CTM 207 , CTM 208 , CTM 225 , ASTM C128) Durability (Coarse) (CTM 229, ASTM 03744 , ASTM 04886) Durab ility (Fine) (CTM 229 , ASTM D3744, ASTM 04886) Asphalt Con tent by Nuclear Method {CTM 379) Cost $205 S175 5150 $100 $85 S105 $2,000 $30 $100 $325 $125 $65 s0s $100 590 $110 $110 $110 $65 $285 570 $110 $110 $110 $135 fiJ ("') 0 ~ t'T'J ~ >< t'T'J ::r: z -(/) ~ > ..., ..., ("') -0 z S' n (fl ~: -0 '< Ill 0 !'.). ...,., 0· n ::i c ----0 0 Ill c -. ~ =· :=-: ::i '-<" 0 n 0 ::i ~ ~ n 0 ::i ;r; ..... c !'.). 0· ::i 3:: OJ ::i OJ ~ 3 Ill ~ (fl Ill $. n Ill (/) OJ ::i a. n 0 ::i n (ti ;:o r' OJ '< 0 s. 0 Ill (/) oq" ::i tT1 I ~ 'V ..... ~ g: s-n n ' . n 0 'V 3 OJ "cl OQ ro Ill ~ (J1 "' 0 ;::r . ....... 0 °' ::i 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 56 1 562 563 564 565 566 570 571 572 573 Calibration of Nuclear Asphalt Content Gauge (CTM 379) Treated Soil Design (CTM 301) Ma ximum Density Curve (ASTM 0-1557, ASTM 0-698 , AASHTO T180) Maximum Density Check Point (ASTM 0-1557, ASTM D-1598 , AASHTO T180) So il or Aggregate Moisture Content (CTM 226, CTM 311, CTM 370, ASTM 02216, ASTM C566) Ab rasion Resistance by Los Angeles Rattler (ASTM C131, CTM 211) Abrasion Resistance by Los Angeles Rattler , 1000 Revolutions (ASTM C538) Cal 216 (Wet or Dry) Cal 216 Check Point (CTM 216F, CTM 216G) Plastic Limit (ASTM 04318 , CTM 204) Liquid Limit (ASTM D4318 , CTM 204) Weight pe r Cubic Foot , Loose (ASTM C29, CTM 212) Stab ility (CTM 366) Sw ell (CT M 305) Maximum Theoretica l Un it Weight, Rice Grav ity (AST M D2041 , CT 309 ) Unit We ight, Core Sp ecimen {CTM 308) Asphalt Content {Ignition Meihod , CTM 382) AC Specimen Un it We ight-Paraffin Coated {CTM 308, ASTM D1188) AC Mix Des ign Review (CTM 303, CTM 304) Laborato ry Compacted Unit Weight (CTM 304/308 , ASTM 02726) Film Stripping {CTM 302 ) Crushed Partic les per Bin Size {CTM 205) Flat & Elongated Particles (ASTM 04791) Extr act io n, Perce nt Bitumen & Sieve Analysis (ASTM 3172 , CTM 310, CTM 202) Mix Design Tensile Strength Ratio (AASHTO T283 , CT 371) Test Strip Moisture Vapor Susceptibility (CTM 307 ) Bumoff Calibrat ion {CT 382 ) AC Mix Test (CT 3041308/3091366) Test Strip Lab Work HMA Production Startup Porous Pavement Mix Desi gn $350 $375 $275 58 5 $30 $195 $195 $165 $90 $55 $55 $60 $130 5100 5125 $55 $160 $60 5130 $220 $75 $170 $170 $175 $70 5900 $60 $150 5250 $525 $1 ,000 $950 $850 liJ (j 0 ~ t'l"J l--0 >< t'l"J :::c: z ....... en ~ >~ ~ (j ....... 0 z S' n "' ~· "Ci ~ a~ §' p <-a 0 Ill c ~ ru ::r. ::;-: ::i ~ 0 n 0 ~ 0 ,,..... n 0 ::i ; c &. 0 ::i ~ "' ::i "' ()q Ill 3 Ill ~ Cf) Ill "" < ;:;· Ill "' "' :::; 0.. n 0 ::i n ~ ro- r "' '< 0 c ~ CJ Ill "' ciQ' ::i tTl I X ""d g: r:3 g: 5' ;:; n ' . n 0 ""d s "' "Cl ()q Ill Ill ~ °' "' 0 a-. ...,... 0 °' ::i rT1 z CJ 0 '"r:1 rT1 >< ::r: I-< CJj ........ ....., 574 Lab Compaction (CTM 308 B) 575 Hamburg Wheel Track Testing 580 Specific Gravity, Clay (ASTM 0854, ASTM 0422, CTM 209) 581 Sulfate Soundness {CT 214, ASTM CBB ) 582 Absorption, Sand or Gravel (ASTM C127 , ASTM C128) 584 CKE Coarse {CTM 303, ASTM 95148 ) 585 CKE Fine (CTM 303, ASTM 85148) 586 Organic Impurities in Fine Aggregates (AASHTO T21, ASTM C40 ) 587 Clay Lumps and Friable Particles in Aggregates (AASHTO T112 , ASTM C142) 588 Fine Aggregate Angularity (AASHTO T304) 590 Unconfined Compressive Strength of Compacted Soil-Lime (ASTM 05102) $200 $1,100 $100 $350 $50 $100 $100 $100 $100 $165 $65 fi1 n 0 ~ tTJ '"'O >< tTJ :::r= z ....... Cf)~ > ..., ..., n ....... 0 z