06-052, Pavement Engineering Inc.
oro-OSd-..
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
NOLWZJ S-S-dc; rf
BY THIS AGREEMENT, made and entered into this 26th
CUPERTINO (Hereinafter referred to as CITY) and Name (1)
day of June , 20QQ" by and between the CITY OF
Pavement Enaineerina Inc.
Address 3820 Cypress Dr.. Ste. 3 City Petaluma Zip 94954-5613 Phone (707) 769-5338') t=~ho-o1Vt-~~O
(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:
Contract Administration, Inspection & Testing for 2006 STP Overlay Program
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
June 21, 2006 Scope of Services & Estimated Cost
TERMS: The services and/or materials furnished under this Agreement shall commence on AUQust 15. 2006 and
shall be completed before December 31,2006
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Amount not to exceed $47,030.00
California Labor Code, Section 1771 requires the payment of prevailing wages to all work~~IOyed on a Public
Works contract in excess of $1 ,000.00. - LJ ENTERED
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
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
Glenn Goepfert
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.
INC.
B
Title Assistant Director of Public Works
By
Title PRESIDENT
dHI" # 68-0461866
AMOUNT
$47,030.00
G
&
,June 21, 2006
MP06-190
t
Mr. Glenn Goepfert
Public Works Assistant Director
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Subject: 2006 S.T.P. Overlay Project
Contract Administration, Inspection and Testing Services
Dear Glenn:
It is our pleasure to provide you with a proposal for the contract
administration, testing and inspection phase of the subject
project.
PEl will provide construction inspection and support services
similar to past projects. Our set.vices will involve on-site
inspection through the various phases of the work, including
compaction testing during paving. We will perform field materials
testing at the ou~set of paving and perform laboratory testing on
the material during the paving process. A project manager will
oversee the inspection and testing and maintain communications
between the City, our Inspector (s), and the Contractor. The
project manager will take care of submittal reviews, payment
requests, and any other coordination necessary during the work,
including attendance of meetings during construction.
At the present time, there is some uncertainty about the level of
monitoring for labor wage compliance during the Contract
Administration phase. Therefore, this proposal does not include any
fees for this work. We will be glad to submit a separate proposal
to the City for this work once the scope is defined.
Our estimated fee for construction inspection and support services
is based on the expected type of work to be performed and the
anticipated schedule of the contractor. As in past projects, this
amount may vary based on the actual schedule of the contractor. If
this should occur, we will notify the city in advance to negotiate
any changes in fees. Please bear in mind that our fee is rot a
fixed sum but rather a rate based on the actual time worked by our
personnel. In the event that the actual time is less than the
estimated time, our fee will be less than the stipulated amount.
Mr. Glenn Goepfert
June 21, 2006
t'1PO 6-190
Page 2
Our estimated fee for the Contract Admin') stration, Inspection and
Testing Phase of ~he project is $47,030.00. Based on the
Engineer's Estimate for the project, this fee is approximately 10%
of the construction cost. This is slightly higher than the normal
range (7 to 9.5% is considered normal). After some analysis,
however, we have estimated that the total scope of services will
probably require about five weeks for the Contractor to complete,
and our estimated fees are based on this time frame.
Attached to this proposal is a spreadsheet with an approximation of
the hours anticipated to complete our estimated scope of work the
project. This spreadsheet will be updated regularly and included
with each invoice to summarize our efforts during each respective
bi 11. ing period.
All fees and costs associated with this project are subject to
final negotiation with the City of Cupertino. The attached
proposal conditions apply.
We look forward to another success ful proj ect with the City of
Cupertino. Please feel free to call me at (707) 769-5330 if you
have any questions regarding this proposal.
Very truly yours,
PAVEMENT ENGINEERING INC.
,.--'''''-^'-
Mike Wasden
Project Manager
Attachments:
Estimated Scope of Services
pc: C File
M Fi Ie
MP Files P / S / R
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PROPOSAL CONDITIONS
1. Proposal is valid for thirty days from the date of the
proposal.
2. All \....ork shall be performed utilizing cornmon methods and
practices of the civil engineering profession. Reports and
construction documents will be signed by a registered civil
engineer.
3. Fees for Lump Sum or Unit Price Proposals will be charged at
the quoted price. The quoted prices include all laboratory
testing costs. Fees for Engineering and Technical Services on
a Time and Materials Basis will be charged at the applicable
hourly rates of the current PEl Fee Schedule.
4. The proposal is based upon providing liability insurance with
limits up to $1,000,000.
5. One copy of an Engineering Report or Plans and Specifications
will be provided to the Owner of a project. Additional copies
are $35 each.
6. Payment: Invoices will be submitted at the completion of the
work for Engineering Reports. Inspection fees will be invoiced
on a monthly basis. All invoices are due upon receipt.
Interest of 1-1/2% per month (but not exceeding the maximum
rate allowable by law) will be payable on any amounts not paid
within 30 days, payment thereafter to be applied first to
accrued interest and then to the principal unpaid amount.
l\ttorneys fees or other costs incurred in collecting any
delinquent amount shall be paid by the client.
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2006 S.T.P. Overlay Project
City of Cupertino
PEl Project No. 060041-02
CONTRACT ADMINISTRATION, INSPECTION & TESTING
ESTIMATED SCOPE OF SERVICES
Total Fees Remaining
To Date Fees
Description
Proposal
Units Units
Rate
Current Previous Total Current
Extension Units Units To Date Fees
Principal Engineer
Project Manager
Inspection
Paving Inspection
Compaction Inspection
Lab Testing: Test Strip
AC Tests during Production
hour 10 $ 175.00 $ 1,750.00
hour 65 $ 150.00 $ 9,750.00
day 24 $ 1.050.00 $ 25,200.00
day 3 $ 1,050,00 $ 3,150.00
day 3 $ 1,050.00 $ 3,150,00
each 1 $ 2,305,00 $ 2,305.00
each 3 $ 575,00 $ 1,725,00
ESTIMATED PROJECT TOTAL: $ 47.030,00
TOTAL BILLING:
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rootIprojecfslspreadsheeVcupertinoJ060041/contract admill/invOlcesJ13ase _Spreadsheet xls