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06-053, Pavement Engineering Inc. ()t-oS3 AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO./JaJ S .I;;< 7 9 BY THIS AGREEMENT, made and entered into this 26th day of June, 20QQ... by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Pavement En ineerin Inc. Address 3820 Cypress Dr.. Ste. 3 City Petaluma Zip 94954-5613 Phone 707 769-53 ';A;: r> '-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 services and/or materials: Contract Administration, Inspection & Testing for 2006 Annual Overlay Project 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 Julv 3, 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 $61,255.00 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. ~ E GENERAL TERMS AND CONDITIONS ~ u NTERED 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. CONTRA~R: P. ~N~GINEERING By / ~ Title ~~# 68-0461866 INC. CITY~TINO G ~ ~ By ~ ~...... Title Assistant Director of Public Works EXPENDITURE DISTRIBUTION DATE 7, /8 ,06 DATE _I q-oh $61,255.00 ~ ("(j{?'dnlC;ion .June 21, 2006 MPC5-035 Mr. Glenn Goepfert Public Works Assistant Director City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Subject: 2005 Annual Overlay Project Contract Administration, Inspection and Testing Services Dear Glenn: We are pleased to hear that the Annual Overlay Project is once again underway and due to begin construction this summer. 1\5 requested, Pavement Engineering is pleased to provide a proposal for the contract administration, testing and inspection phase of the work. PEl will provide construct ion inspection and support services simi lar to past proj ects. Our services will involve on-81 te inspection through the various phases of the work, including compaction testing during paving. We will perform field materials testing at the outset of paving and perform laboratory testing on the material during the paving process. A proj ect manager will oversee the inspection and testing and maintain cOlmnunications between the City, our Inspector (s), and the Contractor. The proj ect manager wi 11 take care of submittal reviews, payment requests, and any other coordination necessary during the work, including attendance of meetings during construction. Our estimated fee for construction inspection and support services :i s 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 not 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 HP05-035 Page 2 Our estimated fee for the Contract Administration, Inspection and Testing Phase of the project is $61,255.00 (approximately 8.7% of the canst r\.lct ion cost j. Based on past project~:; per formed for' the ci ty of Cupertino, construction inspection and support services have ranged between 7% and 9.5% of the construction cost. Attached to this proposa 1 1S 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 billing period. All fees and costs associated with this project are subject to final negotiation with the City of Cupertino. The artached proposal conditions apply. We look forward to another successful project 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 1"1 F 11 e MP Files PIS I R P: \Business \Text \~1arket ing\ Proposals \ Propasals2005 \MPO:\-v 35....Pr. \ow'pd PROPOSAL CONDITIONS 1 . Proposal is valid for thirty days from the date of the proposal. ") L. . All work shall be performed utilizing common 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 Uni t 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. Attorneys fees or other costs incuJ:Ted in collecting any delinquent amount shall be paid by the client. R: \Business \Text \Mar keting \ Proposals \Proposals2005 \t-~P05-035 _pr. w'pd 2005 Annual Overlay Project City of Cupertino PEl Project No. 050032-02 CONTRACT ADMINISTRATION,INSPECTION & TESTING ESTIMATED SCOPE OF SERVICES Description Units Proposal Units Rate Extension 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 85 $ 140.00 $ 11,900.00 day 30 $ 1,050,00 $ 31,500.00 day 5 $ 1,050.00 $ 5,250,00 day 5 $ 1,050,00 $ 5.250.00 each 1 $ 2.305,00 $ 2,305.00 each 5 $ 660.00 $ 3,300.00 ESTIMATED PROJECT TOTAL: $ 61,255,00 TOTAL BILLING: Current Units Current Fees Total Fees To Date Remaining Fees Previous Units Total To Date o o o o o o o o o o o o o o o $ o $ o $ o $ o $ o $ o $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ rootfprojects/spreadsheeUcupertinoJ05OO.32icontract 'admiolinvoiceslBase _ Spreadsheet.x:ls