99-122 Brian Kangas Foulk – Stevens Canyon Rd street widening AGREEMENT
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Cupertino Cupertino, CA 95014 I'll Q
408-777-3200 11 NO. 0 3 0 2 8 1
BY THIS AGREEMENT made and entered into on the day of 19
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Brian Kangas Fnulk (2)
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Engineering. Services for proposal attached as Exhibits
Stevens Canyon Rd. Street Widening
EXHIBITS:The following attached exhibits hereby are made part of this Agreement:
A,B & C
TERMS:The services and/or materials furnished under this Agreement shall commence on 11/8/99
and shall be completed before 4/90/2000
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$163,600.00 FW- actCR*at¢o 25clete'oe1-e. #.r0 eng t'
GENERAL TERMS AND CONDITIONS
Hold Harmless.Contractor agrees to save and hold harmless the City, its officers, agents and employees from any
and all damage and liability of every nature, including all costs of defending any claimecaused by or arising out of the
performance of this Agreement.City shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability Contractor shall 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 relation 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 Hermie Bacus 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: n / CITY CUPERTINO: /
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APPROVALS 4EXPENDITURE DISTRIBUTION
DEPARTMENT H• `•• f ACCOUNT NUMBER AMOUNT
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425-9430-953 $163,600
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EXHIBIT A
Stevens Canyon Road Project No. 98-120
Scope of Work
1. Field Surveys. Our field crew will collect field information within the project limits.
A. Locate existing monuments. We will field locate existing street monuments and search for
other monuments(iron pipes)that could help establish the existing street right-of-way.
B. Establish right-of-way and easement lines. Based on the title reports and recorded maps we
will establish the right-of-way and existing easements within the right of way.
C. Prepare 20-scale design level topography. We will use the aerial obtained for the
conceptual design as the basis for the topography. We will conduct a limited field
survey at crucial locations where we will need to conform to existing improvements.
These include existing poles, fire hydrants, meter and utility boxes, driveways, trees (with
driplines), fences, and other above ground structures. We will also locate appurtenances for
subsurface utilities (manholes, catch basins,water valves, and vaults).
'D. Plot right-of-way on the topographic map.
E. Obtain edge of pavement grades for conforming to existing private properties. We will
locate the existing earth, gravel, asphalt, and concrete driveways (at 10-foot intervals from
street to right-of-way line)to help determine the conform limits.
F. Show location of record utilities within right-of-way. We will contact the existing utility
providers, obtain their record drawings, and plot the presumed location (combining record
information with field survey information)for each utility.
2. Record of Survey. Based on our experience with the Stevens Canyon Road right of way on past
projects, there is a high level of uncertainty with the record boundaries. Therefore, on some of
the parcels, we will need to resolve the lot lines as well as the right of way line. The record of
survey will show the resolution of the lot lines needed to fix the right of way and the
monuments (at angle points) needed to establish a field record of the right of way. This map
will be submitted to the County for review and comment. Once approved, the County will
record the map.
3. Plats, Legal Descriptions, and Appraisals. Once the existing and proposed rights of way are
established, we can determine the location and extent of property that the City needs to acquire.
We assume that appraisal maps are needed to assist the assessor in appraising the property. We
have assumed that topography is not required for the entire lot(as is sometimes the case) for the
assessor to evaluate the property. Since the retaining walls shown on the conceptual design are
located on the downhill slope, construction easements may not be needed. We will need to
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Exhibit A
Page 2
verify this during final design based on the Geotechnical Engineer's requirements and
recommendations.
4. Preliminary Design. BKF will review the Conceptual Plans prepared by TRS dated 5/5/99.
Before beginning final design, we will provide the City will value engineering comments. We
will then meet with the City to review the comments and determine whether they should be
incorporated into the final design.
5. Final Design.
A. Prepare Construction Documents. We will design the Stevens Canyon Road widening to
accommodate 12-foot wide travel lanes, 2 — 5-foot wide paved shoulder, curb and gutter,
and a sidewalk on one side of the street between Miramonte Road and the County Park
Entrance Road. We will prepare construction drawings using 20 scale base sheets on D
size(24 x 36) sheets. We anticipate the following sheet type and description: •
1. Cover sheet showing sheet index vicinity map, approvals, and signatures.
2. Notes, Legend, and Abbreviations. This sheet will delineate the general notes,
abbreviations used throughout the plans and a legend of symbols used in the
drawings.
3. Graphical Index Map and Street Sections. This plan will show the overall project
with sheet layout and typical street sections at important locations on the project.
4. Demolition Plans. These plans will show the limits and type of demolition needed.
5. Street Plan and Profiles. These plans will show the design for the street geometry,
horizontal and vertical control. They will also contain lot data about the driveway
locations, water meter, sewer and storm drainage connections (if existing). Signing,
stripping, and marking will be shown on these plans.
6. Retaining Wall Profiles. We will layout the retaining walls, showing the top and
toe elevations and location of grade breaks or elevation changes. The walls will
be profiled to provide the contractor information from which to design the
structural elements for the wall. This will allow flexibility with the contractor's
(and, therefore, in their bids), in their approach (wall type, manufacturer, etc. —
BKF will assist in providing options of wall type) to the design and construction
of the walls. Their bids will need to identify the design elements of their proposal
for the wall so that the bids can be compared.
7. Erosion Control Plan and Notes. We provide erosion and sediment control plans
for the project. Since the site is less than 5-acres, we have assumed that a SWPPP
Exhibit A
Page 3
is not needed for the work.
8. Details. Details for constructing the improvements will be delineated.
B. Prepare an Engineer's Estimate of Probable Construction Costs. Once improvement plans
are submitted to the City for initial plan check,BKF will prepare one Engineer's Estimate
of Probable Construction Costs for the civil improvements.
C. Prepare bid documents and Special Provisions to the State Standard Specifications. We
have included time for preparing bid forms and schedules. We understand that the City
has standard special provisions that can be slightly modified for the project We have
assumed that the City will prepare the contract, agreement, bond and insurance
requirements, general conditions, and any supplements.
D. Coordination. We have allocated time to coordinate the project and design with the City
Staff. We have budgeted for seven team meetings during design (project kick-off, value
engineering review of conceptual design, mapping and record of survey findings, 50%
final design review, 70% final design review, 90% final design review, and 100%
design). We have allocated additional time to coordinate the design efforts with the City,
geotechnical consultant, and utility providers.
E. Provide 25 sets of plans and specifications.
6. Bidding. We have budgeted time to assist you during the bidding process. We will prepare a
quantity list for use in bidding work. We will attend/facilitate a Pre-Bid Conference. We will
assist to summarize the meeting minutes, answer technical questions, prepare and issue an
addendum and clarification to the bidders.
A. Attend pre-construction meetings. Attend/Facilitate a pre-construction Conference with
Client. We assume that the City will prepare the contractor(s) notice to proceed.
7. Construction Services. •
A. Construction Staking.
1) Rough Grading. We will set points at the toe of slope at the catch point to original
ground. These stakes will also reference information to the top of slope. We will also
set stakes outlining the area of mass grading. We will also set points for rough
grading the street subgrade at approximate 50-foot intervals. These stakes will be
located in a manner to allow grading of the high and low points. The accuracy of the
stakes will be to the nearest tenth of a foot. In addition, all stakes will be marked with
cut/fill information to the top of curb or finish grade.
Exhibit A
Page 4
2) Retaining Walls. We will provide stakes for locating the top and finish ground
elevation at the toe of the proposed retaining walls. We will provide stakes at 50-foot
intervals and at angle points in the horizontal or vertical location of the wall.
3) Utilities. We will provide stakes for the location of the proposed storm drain that
extends across the roadway. These stakes will be offset from the mains and will be set
at all structures and changes in direction or grade.
4) Street Improvements. Stakes will be provided at 3-foot offsets to the face of curb for
final grading and construction of the curb and gutter on Stevens Canyon Road. These
stakes will be set at approximate 50-foot intervals along tangents and at approximate
25-foot intervals through curves. In addition, stakes will be set at all grade breaks,
beginning and end of curves, and angle points. Information on each stake will
include the elevation of each point and cut/fill information to the top of curb. Since
the sidewalk abuts the curb (and may be poured monolithic with the curb), we have
not included time for staking the sidewalk.
B. Construction Administration.
1) Field Facilitation. Based on our current best guess for construction, the contractor
should be able to complete the work in 12 weeks. Based on a 12-week construction
schedule,we anticipate performing the following tasks during construction.
• Facilitate Weekly Progress Meetings with Client and Contractors.
• Alternate Days Construction Site Observation(2 hours every other day)
• Shop Drawing Review. We have budgeted time to review the contractor's shop
drawings, and coordinate the submittals with your field staff, the contractor and
the City. Since the retaining walls will be design build, we will review the
contractor's'shop drawings for conformance with the design intent The
geotechnical engineer will review for conformance with their report
• Process Requests for Information(BFI's)
• Review/Process Change Order/Claims Requests.
• Review and Evaluate Alternates
• Project Document Administration with City.
• We have assumed that the City will handle the contract administration and the
processing of all payments (and pay quantities) for the work.
2) Post Construction. We will perform the following tasks during the post construction
phase of the project.
• Final Inspections
• Punch Lists
• Certification of Completion
•
Exhibit A
Page 5
3) Record Drawings. We will prepare record drawings for the improvements
incorporating all approved addendum bulletins with the as-built information supplied
by the contractor.
• ADDITIONAL WORK/EXCLUSIONS.
Reimbursable Expenses -We recommend budgeting approximately 5-percent of the design fee for
reimbursable expenses (not including the reproduction of the 25 sets of bid and construction
documents that is included in the fee). Reimbursable expenses are anticipated on this project for
reproduction, photographic and printing work, mileage, express or messenger deliveries, and
computer deliverable plots. We will bill out of house expense at cost plus 10%.
Additional work that would not fall within our scope of services as described above includes:
1. Meeting times more than that outlined above. We have assumed that the Project
Manager/Associate will attend the project meetings.
2. Preparing additional studies (traffic, transportation, regional drainage, sewer, water, etc.)
that may be required during the permit processing by the City or other Agencies. We
have assumed that the existing storm drainage systems were adequately sized. We have
not included time to study the impacts to the downstream system that the roadway
widening will produce. If requested, we will provide a scope and fee for this work.
3. Traffic Control and Detouring. Traffic control and detouring plans may be needed if the
roadway is to remain accessible. We have not included time to study or prepare traffic
control or detouring plans.
4. Agency(s) requirements. We currently do not know the extent of special requirements
that will be required specific to the project by other agencies. Once these requirements
are known, we will update our scope and fee to include these items.
5. Revisions. Revisions to the construction drawings that result in a substantially new site
plan or redesign. If such revisions are needed, we will prepare a separate scope and fee
based on your actual needs.
6. Application Fees. Our recommendation for budgeting reimbursable expenses does not
include paying application fees.
7. Should the work extend beyond 12 weeks, we will request reimbursement for the
additional time needed complete the work.
Exhibit A
Page 6
8. Additional Staking and Restaking. Additional stakes that are requested will be
considered extra work and billed at a time and expense basis, including office time
needed to pre-calculate these stakes for the field crew. Once staked, any restaking due to
damaged, removed, or other reason is considered extra and will be billed the same as
additional staking. We may want to consider the merits of including reimbursement for
these in the special provisions. The contractor would then be charged for these services
or their payment reduced. This is an item we should discuss for the bid documents are
prepared.
Our work excludes the retention of outside'consultants. We assume that you will contract
directly with other consultants for land planning, environmental, geotechnical, street lighting,
PG&E coordination and joint trench preparation.
EXHIBIT B
Stevens Canyon Road Project No.98-120
Consultant's Fee
July 12, 1999
Revised August 5, 1999
1. Preliminary Title Reports. Fee (including Title Company) Fee $ 6,300. (City)
2. Field Surveys. Fee$14,300.
3. Record of Survey. Fee$ 8,200.
4. Plats, legal descriptions, and appraisals. Fee$20,000. (allowance)
5. Preliminary Design Review. Fee$ 2,500.
6. Final Design. - Fee$78,600.
A. Construction Documents. $64,200.
B. Engineer's Estimate. $ 3,500.
C. Bid Documents and Special Provisions. $ 3,400.
D. Coordinate with City Staff. $ 6,100.
E. 25 sets of plans and specifications. $ 1,400.
7. Bidding. Fee$ 6,400.
A. Technical support. $ 3,700.
B. Meetings. $ 2,700.
8. Construction Services. Fee$53,600.
A. Construction Staking. - $34,200.
B. Construction Administration. $19,400.
Total Fee$163,600.00 plus $20,000 allowance
With a$1,000,000 construction cost, the final design fee is 7.9-percent.
•
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Exhibit C
Professional Personnel Service Fees
' January 1, 1999 - December 31, 1999
PERSONNEL HOURLY RATES
ENGINEERING
Senior Project Manager $119.00 - $129.00
Project Manager $108.00
Senior Engineer $102.00
Engineer I, II, III $72.00 -$83.00 - $94.00
PLANNING
Project Manager $108.00
Senior Planner $86.00
Associate Planner $75.00
Planning Assistant $59.00
SURVEYING
Project Manager $108.00
Surveyor I, II, III $72.00 - $83.00 - $94.00
Field Surveyor $94.00
2-Person Survey Party $172.00
3-Person Survey Party $208.00 - $249.00
DESIGN AND DRAFTING
Technician I, II, III $70.00 -$76.00- $83.00
Drafter I, II, III, IV $54.00 - $60.00 - $66.00 - $72.00
CONSTRUCTION ADMINISTRATION
Senior Construction Administrator $119.00 - $129.00
Resident Engineer $83.00 - $102.00
Field Engineer $72.00 - $83.00 - $94.00
SERVICES AND EXPENSES
Project Assistant $48.00
Clerical/Administrative Assistant $41.00
Computer/Plotter $9.00
Global Positioning System Receiver(each) $25.00
Principals'time on projects is chargeable at$140.00 -$170.00 per hour.
Charges for outside services, equipment, and facilities not furnished directly by Brian Kangas
Foulk will be billed at cost plus 10%. Such charges may include, but shall not be limited to
printing and reproduction services; shipping, delivery, and courier charges; sub-consultant fees
and expenses; special fees, permits, and insurance; transportation on public carriers, meals, and
lodging; and consumable materials. Mileage will be charged at $0.33 per mile
Monthly invoices are due within 30 days from invoice date. Interest will be charged at 0.833%
per month on past due accounts.
Expert witness/litigation rates are available upon request.
Brian Kangas Foulk Exhibit C-Page 1 August 31, 1999