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10-055 Harris and Associates f AGREEMENT CITY OF CUI'ERTINO 5'r Ip, 10300 Torre Avenue m Cupertino, CA 95014 -�� /'— CUPERTINO �?i 4087;'73354 NO. 11E1 BY THIS AGREEMENT, made and entered into this � 4 day 3We , 2010 b y and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Harris & Associates, 1401 Willow Pass Road, #500, Concord, CA 94520, phone 925.827.4900, ext. 1219, fax 925.827.4982 (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: Professional services in connection with City Pavement Management Program Street Re- Inspection for MTC Recertification EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Attached scope, cost proposal, and schedule of May 2010 TERMS: The services and /or materials furnished under this Agreement shall commence on June 1, 2010 and shall be completed before October 31, 2010 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to exceed $40,068.00, unless altered by written change order. California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due to negligence, errors and omissions, 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 and :r 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: \-1 r It !Tr Ail if 1 &RED NAME: Glenn Goepfert, Asst. Director DEPARTMENT: Public Works Department 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. CONTRAC' 0 R: / CITY OF CUPERTINO: , • By �!1...AbI 4&4 A. By et ...__ ✓iii Title t S ? P,.Z j V 1 Title Assistant Director of Public Work ` .artment & APPROVALS EXPENDITURE DISTRIBUTION ' , RTM AEA, EAD `AL DATE Z7 9455-9300 $40,068i00 `fir /046.1.- ` p . ,�iJ D CITY CLER 5�� .. Cd T SB /tS _ • • i o le Harris & Associates May 2010 City of Cupertino, CA Pavement Management Program Update Services - 2010 Entire Network of Streets (Approximate: 142 Center Miles, 302.52 lane miles & 901 Street Sections) Cost Proposal Project Project Project Task Description Director Manager Engineer Total Total $/Task 1.0 Project Administration 2 10 2 14 $ 2,192 2.0 Pavement Inspection /Cleanup /Importation /QA -QC 0 24 210 234 $ 28,770 3.0 Budget Analysis & Report 0 16 16 32 $ 4,176 4.0 Project Delivery + PMP Certification 2 14 20 36 $ 4,930 H Total w l Total Hours '4 O'4 2485 - I - bi IBillable I $ 1,100 I $ 8,960 I $ 30,008 I Lump Sum Total: I $ 40,068 I Project Schedule Months from NTP Task Description 1 2 3 4 1.0 Project Administration L A 2.0 Pavement Inspection /Cleanup /Importation /QA -QC 3.0 Budget Analysis & Report *7 /. 4.0 Project Delivery + PMP Certification 1 Meeting City Review of Draft mil Project Status Report Draft Project Report Extended Tasks ' Final Project Delivery