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00-087 Pavement Engineering IncCUPERTI 0.~ AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue ~ ~ Cupertino, CA 95014 (408) 77'7-3200 No. /Jl~~/~' Ja r ~~ ~,T BY THIS AGREEMEN ,made and entered into on the Gr"r day of , 20 Ot~ , by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Pavement Engineering Inc. _ (2) Address 1301 Rand Street, Suite D City Petaluma Zip 94954-1139 Phone 707-769-5330 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified servic~~s and/or materials: Inspection Services for Foothill Blvd. & Stevens Creek Blvd. Overlay EXHIBITS: The following attached exhibits hereby are made part of this Agreement: See EXHIBIT "A" proposal TERMS: The services and/or materials furnished under this Agreement shall commence on July 24, 2000 and shall be completed before September 15, 2000 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Approx. $27, 760.00-actual cost based on hourly rate California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the Ci1:y, its officers, agents and employees from any and all damage and liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance: Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Carmen Lynaugh _ DEPARTMENT Public Works This Agreement shall become effective upon its execution by ~:,ITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CITY O CUPERTINO: E9y (~,.v . l~itle Public Works Pr ect Ma er EXPENDITURE DISTRIBUTION DEPARTMENT DATE ACCOUNT NUMBER AMOUNT CITY C ERK . AT/E /~~n ! ..'f c~77~Lt.G I J7Gr Lf ~ ~~ White: City Clerk ~ Green: Finance Yellow: Contractor / Pink: fiecei~ing Gold: Department 07/21/2000 FRI 11:12 FA% 530 224 4539 PAVEMENT ENG:NEERING INC Pavement Engineering Inc. Civil Engineers Materials Testing Specializing in Pavement Rehabilitation July 20, 2000 Ms. Carmen Lynaugh Public Works Project Manag®r City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Subject: Proposal for Testing and Inspection Services for Foothill Boulevard O~rerlay Dear Carmen: MP2K-114 In accordance with your request, we are providing a proposal for Testing and Inspection services. Otir scope of work will consist of providing an inspector for preparation work and raising manholes and valves. A two man crew will rye provided during placement of the overlay. one technician will. perform sampling and laydown inspection and one technician will F~erform compaction testing. Our inspection and testing fees are provided per day and include per diem and mileage charges. The 2'ollowing is a summary of the proposed fees: QTY RATE FEE INSPECTOR: Preparation work 5 days 5750.00/day $3,750.00 Raising Manholes, Valves and lA days 750.00/day 7,500.00 Monuments PAVING: Sampler Obtaining Asphalt Sample 5 days 1,500.00/day 7,500,00 and Inspecting Laydown Technician Performing Compaction Testing Gauge Cotrelation1 Lump Sum --- 850.00 Asphalt Concrete Mix TestsZ 6 tests 785.00/test 4,710.00 Includes: CTM 366 - Stability CTM 308 - LTMD ASTM D2041 - Rice Gravity CIM 392 - Oil Content ENGINEERING: 15 hours 130.00/hour 1,950.00 CONSTRUCTION MANAGEMENT: 15 hours 100.00/hour 1,500.00 1Gauge correlation cost is based on correlating gauges with Dosilva Gates coring operation. If this cannot be accomplished, Gauge Correlation will require coring and the cost will be $2,850. Includes one set of mix tests prior to mainline paving and one set of tests per paving day. 1301 Rand Street, Suite D, Petaluma, CA 94954-1139' TeI. (707) 769-5330 Fax (707) 769-5333 20260 Skypark Drive, Redding, CA 95002-9221 Tel. (530) 224-4535 Fax (530) 224-4539 P.O. Box 1938, San Luis Obispo, CA 93406-1938 ~~ Tel. (805) 781-2265 Fax (805) 781-2267 ~ 002/004 ~wie~ra 07/21/2000 FRI 11:13 FA% 530 224 4539 PAVEMENT ENG]:NEERING INC Ms. Carmen Lynaugh July 20, 2000 MP2K-114 Page 2 1Q 003/004 The total cost for providing these .services is $27,760. This is an estimated cost based on our knowledge of construction practices. The actual cost may vary depending on the contractors schedule. Thank you for the opportunity to prc,vide a proposal for the subject project. If you have any questions, please do not hesitate to give me a call at (530) 224-4535. very truly yours, PAVEMENT ENG NEERING INC. ~~J n n :M u~' William J. Long, P.E. Principal Attachment: Proposal Conditions pc: C File M File MP File-R/P/S D:\Ucta Files\MRKKY:T\k'roposal.2K\MP2K-119.pr.~pd r 07/21/2000 FRI 11:13 FAX 530 224 4539 PAVEMENT ENG:[NEERING INC ~EX~-II~'~ /~1 PROPOSAL CONDITION Proposal is valid for thirty days from the date of the proposal. ~ 004/004 2. All work shall be performed utilizing common methods and practices of the civil engineering profession. Reports and ccrostruction documents will be signed by a registered civil engineer. 3. Fees for Lump Sum or Unit Price Proposals will be charged at the quoted price. The quoted prices include all laboratory testing costs. Fees for Engineering and Technical Services on a Tirne and Materiels Basis will be charged at the applicable hourly rates of the current PEI Fee Schedule. d. The proposal is based upon ~providi~~g liability insurance with limits up to $1, 000, 000. 5. One copy of an Engineering Report or Plans and Specifications will be provided to the Owner of a project. Additional copies are $35 each. 6. Payment: Invoices will be submitted at tree completion of the work for Engineering Reports. Inspection fees will be invoiced on a monthly basis. All invoices are due upon receipt. Interest of 1-112% per month (but not exceeding the maximum rate allowable bylaw) will be payable on any 2~mounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then tv the principal unpaid amount. Attorneys fees or other costs incurred in collecting any delinquent amount shall be paid by the client. D:\Data Filas\MARKET\Propos~l.2K\MP2K-119. pr.wpd