16-086 Apex Testing Laboratories, Inc. for Soil Testing, asphaltic concrete testing, concrete testing, and project management for testing associated with Service Center Parking Lot Modification Project (Cupertino CIP Project #2016-09)CITY OF
m
CUPERTINO
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino , CA 95014
408-777 -3200 NO . ------
THIS AGREEMENT , made and entered into this vZrtlday of J ~, £...oil., is by and
between the CITY OF CUPERTINO (hereinafter "CITY") and Apex Testing Laboratories , Inc., 686
Stockton Avenue, San Jose, CA 95126 ; phone number (408) 282-9800 , (hereinafter
"CONTRACTOR"), in consideration of their mutual covenants , the parties agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: Soil
testing, asphaltic concrete testing, concrete testing, and project management for testing
associated with the Service Center Parking Lot Modification Project (Cupertino CIP Project
# 2016-09).
Check box if services are further described in an Exhibit. 0
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A-
Apex proposal for Material Testing & Inspection Services-Service Center Park ing Lot Modification.
TERM : The services and/or materials furnished under this Agreement shall commence on June
24 , 2016 and shall be completed no later than August 31, 2016.
COMPENSATION: For the full performance of this Agreement , CITY shall pay CONTRACTOR:
$3,000.00
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 .
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor shall, to the fullest extent allowed by law , indemnify, defend, and hold
harmless the City and its officers , officials , agents , employees and volunteers against any and all
liability, claims, stop notices , actions, causes of action or demands whatsoever from and against
any of them, including any injury to or death of any person or damage to property or other liability
of any nature, arising out of, pertaining to, or related to the performance of this Agreement by
Contractor or Contractor's employees , officers, officials , agents or independent contractors.
Contractor shall not be obligated under this Agreement to indemnify City to the extent that the
damage is caused by the sole or active negligence or willful misconduct of City, its agents or
employees . Such costs and expenses shall include reasonable attorneys' fees of counsel of City's
choice , expert fees and all other costs and fees of litigation .
Subcontracting. Contractor has been retained due to their unique skills and Contractor may not
substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior
written consent from City is obta ined , only those people whose names are listed this Agreement
shall be used in the performance of this Agreement.
Assignment. Contractor may not assign or transfer this Agreement, without prior written consent
of CITY .
Page 1 of3
Short Form Agreement
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor shall maintain the following insurance coverage:
(1 ) Workers ' Compensation :
St at uto ry coverage as requi re d by th e State o f Califo rni a .
(2) Liability:
Co mm erc ial ge ne ral li a bility covera ge in th e fo ll ow in g minimum limi ts:
Bodil y Inju ry: $500 ,000
eac h occ urre nc e
$1,000 ,000
agg re gat e -a ll othe r
P ro pe rty D am age : $100 ,000 eac h occ urrence
$2 50 ,00 0 aggregate
If s ubmitted , co mbin ed s in g le limit po li cy w ith aggregat e limits in th e am o unts o f
$1 ,000 ,000 w ill be co ns id e red equ iva len t to the re quired minimum limits sh own
a bove.
(3) Automotive:
C o mpre hen s ive a ut o mo ti ve li a bility coverage in th e foll owin g minimum limits:
Bo dil y Inju ry: $5 00 ,00 0 each occ urre nce
P ro perty Dam age : $100 ,000 each occ urre nce
o r
Co mbin ed S in g le L im it: $5 00 ,000 each occurre nce
(4 ) Profess ional L iability :
Pro fess ional li a bility in s ura nce w hich in c lu des covera ge fo r the p rofess ional ac t s,
e rrors and o m issio n s of Co ns ul tant in the a mo un t of at least $1,000 ,000.
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide comprehensive general and automotive liability insurance , Contractor shall
look solely to its insurance for recovery . Contractor hereby grants to City , on behalf of any insurer
providing comprehensive general and automotive liability insurance to either Contractor or City with
respect to the services of Contractor herein , a waiver of any right to subrogation which any such
insurer of said Contractor may acquire against City by virtue of the payment of any loss under such
insurance.
Termination of Agreement. The City reserves the right to terminate this Agreement with or
without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or
without cause with a seven (7)-day written notice.
Non-Discrimination. No discrimination shall be made in the employment of persons under this
Agreement because of the race , color, national origin , ancestry , religion , gender or sexual
orientation 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
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S hort Fo rm Agr eeme nt
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 . City shall have no right of control as to the manner
Contractor performs the services to be performed . Nevertheless , City may , at any time , observe
the manner in which such services are being performed by the contractor .
The Contractor shall comply with all applicable Federal , State, and local laws and ordinances
including , but not limited to , unemployment insurance benefits , FICA laws , and the City business
license ordinance.
Changes. 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 : John Raaymakers 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.
CONTRACTOR : /,/ ~
By A&~ litUt •
Titl ; fre4 i cl~ o tP/~z/I~ . ,
APPROVALS EXPENDITURE DISTRIBUTION
DEP A RT MENT HE A D DA TE
OOZ.-03-0f
Page 3of3
Short Form Agreem e nt
Item
No.
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2
3
4
Item
Code
SOILS
EXHIBIT A
APEX TESTING LABORATORIES, INC.
• SPEC IAL I NSPEC TIO N •MATERIALS TESTING • GEOTECllNICA L • ENVIRONMENTAL
MATERIALS TESTING & INSPECTION SERVICES
SERVICE CENTER PARKING LOT MODIFICATION
Item description No. of Est'd Unit of
Days Qty Measure
Field Compaction Test I 4 Hour
Nuclear Gauge Equipment Fee Hour
Site Soil Sampling 2 Trip
Moisture-Densitv Curves (ASTM D-15 57) 2 Each
Soil Quality Tests (Plasticity Index) Each
Soil Quality Tests (Gradation) 2 Each
So il Quality Tests (Sand Equivalent) Each
Soil En g ineer ( Observation) Hour
Unit
Price
$94 .34
$0.00
$68 .90
$250 .00
$150.00
$150.00
$90.00
$150.00
SUBTOTAL
Item Total
$377.36
$0 .00
$137.80
$500.00
$0 .00
$300.00
$0 .00
$0 .00
$1,315.16
ASPHAL TIC CONCRETE
Batch Plant Inspection Hour $84 .80 $0.00
Asphaltic Concrete Placemen t 1 4 Hour $84.80 $339 .20
Nuclear Gaug e Equipment Fee 4 Hour $0 .00 $0 .00
Stabilometer Each $300 .00 $0 .00
Extraction/ Grading Each $300 .00 $0 .00
Bulk Specific Gravity Each $90 .00 $0 .00
Maximum Specific Gravity (Set of3) 1 Each $180.00 $180.00
SUBTOTAL $519.20
CONCRETE
Concrete Mi x Design Review 1.00 Each $150.00 $150 .00
Batch Plant Inspection Hour $94.34 $0.00
Reinforcing Steel Inspection Hour $94.34 $0.00
Concrete Inspection I 4 .00 Hour $94.34 $377.36
Concrete Sample Pick Up 1.00 Trio $68 .90 $68 .90
Concrete Cylinders Compression Test 4 .00 Each $30 .00 $120 .00
SUBTOTAL $716.26
PROJECT MANAGEMENT
Attend Job Site Meetin g s/ Supervi s ion % 5% $150.00
Report Writing 10 .00 Each $5 .00 $50 .00
Engineerin .g Review 1.00 Hour $100 .00 $100 .00
Final Affidavit of In spection Each $500.00 $0 .00
Travel Time to / from Distant Location Hour $85.00 $0 .00
Vihecle Mileage Charge to / from Distant Location Miles $0 .54 $0.00
Per Diem for Distant Location Inspection Day $95 .00 $0.00
SUBTOTAL $300.00
TOTAL $2,850.62
Contingency $149.38
TOTAL $3,000.00
TOTALPROPOSEDBUDGET~l~.....;.$3~,~00~0~-0~0~__.
EXHIBIT A
APEX TESTING LABORATORIES, INC.
•S P EC IAL I NSP EC TION •MATERIALS TESTI NG • CEOTECll NICAL • E NV IRONM E NTAL
MATERIALS TESTING & INSPECTION SERVICES
SERVICE CENTER PARKING LOT MODIFICATION
Minimum Hourly Charges
Show-Up Time ........................................................................................ 2 hours
Inspection Services .................................................................................... .4 hours
Services over 4 hours .................................................................................. 8 hours
Premium Charges added to Testing & Inspection Services Basic Rate:
Basis of Charges
Weekdays ............................................................................................... Basic Rate
Swing/Night Shift ...................................................................................... 1.125 x Basic Rate
Over 8 hours & Saturdays .......................................................................... 1.50 x Basic Rate
Sundays/Holiday & Over 8 hours on Saturday .......... . ........................... 2 .00 x Basic Rate
Yearly Escalation of 6% starting July 1st of year 2015 ...................................... 6%
Expenses
Auto Mileage . . . . . . . .. .. . . .. ... .. . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . .. . . .. . . . . .. . . . . . . $0 .55/mile
Travel T ime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Basic Rate
Expenses (Equipment./ Air Fare/ Outside Services) .......................................... Cost +20%
Parking /Tolls .......................................................................................... Cost
Minimum Charge/Report ........................................................................... $5 .00/Each
Final Affidavit of Inspection ......................................................................... $500 .00/Each
Project Management/Engineering Services .................................................... 5%
Engineering Review ................................................................................. $100 .00/Hour