07-084, Pavement Engineering Inc.
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
NO. ----0..3..2..6- 2
BY THIS AGREEMENT, made and entered into this 11th day of June 2007. by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Pavement Enaineerina Inc. (2)
Address 3820 Cypress Drive. Suite 3 City Petaluma. CA Zip 94954-5613 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 services and/or materials: Professional services,
including preparation of contract documents for the 2007 Slurry Seal Project.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Attached Letter of Proposal
and Estimated Hours and Fees
TERMS: The services and/or materials furnished under this Agreement shall commence on June 11. 2007
and shall be completed before ~Yne. 30 1.2008. ~ I ,.:l-b7J '1
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: An amount not to
exceed $27,000.22, unless altered by a change order approved by the City.
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
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 Jason Chou
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.
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fa Pavement Engineering Inc.
· Civil Engineering · Landscape Architecture
CalTrans/AMRL QC/QA · Construction Management
May 22, 2007
RECEIVED
MAY 2 5 2007
PUBLIC WORKS DEPARTMENT MP 07 - 233
Mr. Glenn Goepfert
Assistant Public Works Director
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Subject: 2007 Slurry Seal Project
Proposal for Engineering Design Services
Reference: Annual Work Program ($750,000 Annual Budget)
Dear Glenn:
Pavement Engineering is pleased to provide a proposal for the preparation
of contract documents for the subject project. As you are aware, PEl has
performed numerous projects in the past for the City of Cupertino. This
proposal is based on our past experience working with the City on Public
Works projects and on recent experience preparing Contract Documents for
Slurry Seal design projects at various locations throughout the state.
PEl will begin the project by reviewing the various streets identified in
the for the year 2006 in the Annual Work Program. Each roadway segment
will be reviewed in the field by the project engineer, with the intent of
determining which streets are suitable for minor pavement repairs (digouts,
crack filling, and skin patching) followed by application of Slurry Seal.
Once the streets have been reviewed in the field, we will refine the list
to include the candidate streets for the 2007 Slurry Seal Project. A
preliminary budget will be prepared based on the square foot amounts shown
in the Annual Work Program for the candidate streets. We will then meet
with the City of Cupertino to review the list and the preliminary budget.
Any revisions, including additions and deletions, brought to our attention
during the meeting will be taken into account, resulting in a final list of
streets agreed upo~ by both PEl and the City of Cupertino.
With the completion of the final street list, our crew will physically walk
each roadway segment to measure the various items of work affected by the
project. Quantity measurements will then be compiled into a spreadsheet
containing a list of items, quantities for each item, an estimated unit
cost per item, and an estimated cost for the entire proj ect. Location
Plans, construction details, technical specifications, and any other
information necessary to convey the intent of the design will be compiled
in a draft set along with the spreadsheet estimates. The draft set will be
prepared in a binder format similar to past design projects prepared for
the City of Cupertino.
The draft set of Contract Documents will be submitted to the city for
review and comment. Any revisions or comments will be addressed by PEl
3820 Cypress Drive, Suite 3 . PetallJma, CA . 94954-5613 . Tel. (707) 769-5330 . Fax (707) 769-5333
20260 Skypark Drive Redding, CA . 96002-9221 . Tel. (530) 224-4535 . Fax (530) 224-4539
3485 Sacramento Drive, Suite A . San Lui~ Obispo, CA . 93401-7156 . Tel. (805) 781-2265 . Fax (805) 781-2267
Mr. Glenn Goepfert
May 22, 2007
MP07-233
Page 2
following the City's review, and the final set will then be sent to the
City. A copy of our original field measurements can be provided along with
the final CD set, if the City so desires.
PEl can also be on hand to provide bid support services, including
attendance of a Pre-Bid Meeting, answering questions during the Bid, and
preparation of any addenda, if necessary.
Our fee does not include Contract Administration, inspection and testing
services. lf the City wishes us to perform this service, we will be glad
to provide a proposal for this work following the completion of the Design
Development Phase.
Our fee for the Design Development of the 2007 Slurry Seal Project is
$26,965. Based on a total construction cost of $750,000, our fee equates
to approximately 3.5% of this cost. As is always the case, all fees and
costs associated with this project are subject to final negotiation with
the City of Cupertino. Please refer to the attached proposal conditions
for additional information.
We are available to begin the work in the first week of July, 2007. We
anticipate submittal of the draft set of documents to the City within four
weeks of receipt of the Notice to Proceed.
We look forward to working with the City of Cupertino once again and
anticipate another successful project. lf you have any questions regarding
this proposal, please call me or Mike Wasden, the project manager, at (707)
769-5330.
Very t~ yours,
PAV~NT/ANGl~ERlNG lNC.
... ....////
///~~
Ipaul R. Curren, P.E.
Senior Principal
Attachments:
Proposal Conditions
Estimate Project Hours (Spreadsheet)
pc: C File
M File
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 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 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: lnvoices will be submitted at the completion of the work for
Engineering Reports. lnspection fees will be invoiced on a monthly
basis. All invoices are due upon receipt. lnterest 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 incurred in collecting any
delinquent amount shall be paid by the client.
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