10-027 Testing Engineers, Inc., Michael Parker AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014 ,
408-777-3200 NO. G' - - 7 7 /
• BY THIS AGREEMENT, made and entered into this 29 day of March , 201Q by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Testing Engineers, Inc.; Michael Parker; Address: 2811
Teagarden Street, San Leandro, CA 94577; Phone: 510 - 835 -9142; e-mail: michael @testing - engineers.com
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:
Testing and Special Inspections for Quinlan Center Plaza Renovation Project
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal marked "EXHIBIT A"
TERMS: The services and/or materials furnished under this Agreement shall commence on March 29, 2010
and shall be completed before June 30, 2010
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Time and Materials Not to Exceed $ 7,450.00 Without City Approval
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 shalt 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 s 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 execu:ing this agreement. Contractor certifies that no one who has or will have
any financial interest under this Agreement is an officer or employee of Chy.
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: aTE.P1'7
NAME: Terry Greene 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.
CONTRACTOR: CITY OF CUPERTINO:
Ti rP t / a f Title: Terry Greene, AIA, City Architect
APPROVALS EXPENDITURE DISTRIBUTION
T H. v ' AT ACCOUNT NUMBE AMOUNT
a
/ „Le • !� 420- 9237 - • .61 ' T $ 7,450.00
CITY CLERK ` S ATE !O I NIZIM�M
7 9 ��I
t
Quality Assurance Services
IL; Materials Consulting
TESTING ENGINEERS, INC. Since 1954
TESTING AND INSPECTION SERVICES - Testing Engineers, Inc.
EXHIBIT ii
Quinlin Center Plaza Improvements
10185 Sterling Rd, Cupertino, CA
March 18, 2010
A. CONCRETE Slabs & Grade Beams
Mix Design Review
No: 3 Rate/ea: 150.00 $ 450.00
Reinforcing Steel Placement Inspection
No. days: 1 No. hrs: 4 Rate/hr: 80.00 $ 320.00
Concrete Placement Inspection
No. days: I No. hrs: 4 Rate/hr: 80.00 $ 320.00
Concrete Compression Tests Cast in Place - I set of 4 cylinders every 150 cubic yards
No.: I Rate /ea: 30.00 $ 30.00
Pick Up of Samples
No. trips: I Rate/ea: 80.00 $ 80.00
SUB -TOTAL S 1,200.00
B. STRUCTURAL STEEL
• Assumes 3 Welders
Shop Welding
No. days: 3 No. hrs: 12 Rate/hr 80.00 $ 960.00
Field Welding Includes High Strength Bolting
No. days: 5 No. hrs: 32 Rate/hr: 80.00 $ 2,560 00
SUB -TOTAL S 3,520.00
C. CMU - Brick Veneer
Masonry Placement
No. days: 2 No. hrs: 12 Rate/hr: 80.00 $ 960.00
Grout / Mortar Compression Tests (I set of 4 per 100 cubic yards, average)
No.: 12 Rate /ea: 33.00 $ 396.00
Pick Up of Samples
No. trips: 2 Rate ea: 80.00 $ 16u.00
SUB -TOTAL S 1,516.00
E. GROUT UNDER BASE PLATES
Grout Placement
No. days: 2 No. hrs: 8 Rate/hr: 80.00 $ 640.00
Grout Cubes 2 x2 x 2 Cubes
No.: 8 Rate/ea: 33.00 $ 264.00
Pick Up of Samples •
No. trips: 2 Rate /ea: 80.00 $ 160.00
Corporate Office — 2811 Teagarden Street — San Legui$gr§It{ grnia 94577 — (510835 -3142 t,66W 834 -3777
www. Testing - Engineers. com ACCREDITED
Quality Assurance Services
Materials Consulting
16; TESTING ENGINEERS INC. Since 1954
MISCELLANEOUS
t•.
Affidavit (Principal Engineer): Required by Cupertino, CA • :, • •
Upon request; please allow 10 working days for affidavit prepai ation. ; �;
No hrs.: 1 Rate /ea: 150.00 S 150.00
SUB -TOTAL S 150.00
GRAND TOTAL ESTIMATE S 7,450.00
07N
Corporate Office — 2811 Teagarden Street — San Leandro, California 94577 — (510) 835 -3142 — FAX (510) 834 -3777
www.Testing- Engineers.com ACCREDITED
Quality Assurance Services
Materials Consulting
• TESTING ENGINEERS INC. Since 1954
TESTING ENGINEERS, INC.
BASIS OF CHARGES
116yr ERAL
Fees for tests and inspection include cost of technician, professional reports and engineer supervision. Engineering services other
than supervisory will be charged at applicable rates. Inspection services are charged portal to portal from dispatch location and
may be subject to mileage charges. Fees for special projects, services overseas, or elsewhere in the United States, will be quoted
on request. All terms conditions and services not described within this proposal but otherwise required during the course of the
project will be in accordance with the schedule of fee attached.
REPORT DISTRIBUTION
Fees for additional distribution (other than standard distribution of 4) will be charged $25.00 each set -up.
MINIMUM HOURLY CHARGES - INSPECTION Technician personnel are members of the Operating Engineers Union
(AFL -CIO) Local No. 3 and the following minimum charges are contractual commitments:
One -half day or less 4 hours
Over one -half day 8 hours
Show -up time (no inspection performed) 2 hours
WORKING HOURS AND PREMIUM TIME
Regular workday is the first 8 hours between 6:00 a.m. and 6:00 p.m. Monday through Friday. Premium time is as follows:
Overtime, weekdays and Saturdays (first 8 hours) Applicable rate x 1.5
Overtime, Saturdays (over 8 hours) and Sundays (first 8 hours) Applicable rate x 2.0
Overtime, Sundays (over 8 hours) and Holidays Applicable rate x 2.5
Shift differential, swing and graveyard 10.00 per hour
MISCELLANEOUS CHARGES
Parking fees and bridge tolls At Cost
Air travel, Subsistence, Outside Services Cost plus 20%
o
Travel time, when required, per hour $50.00
Mileage, per mile (Outside 25 mile Radius) 0.65
TESTS
Testing fees shown include normal time for performing test. Samples requiring special preparation will be charged at the
laboratory technician rate. Fees for tests not listed will be furnished upon request. There will be a minimum charge of $150.00
for any test and report. (Establishing initial project file.)
LETTERS OF COMPLETION AND AFFIDAVITS
There is an additional charge for a Letter of Completion (required ed by most city and county building inspection departments), or
an Affidavit (required by DSA and OSHPD) for schools and hospitals.
ANTICIPATED COSTS
Anticipated Cost: Client recognizes and agrees that any "anticipated costs ", "budget Estimates ", or like that may be prepared by
Testing Engineers, Inc. are NOT "guaranteed maximums ", "lump sums ", or "not to exceed" totals. Client will be invoiced for
all work preformed.
PAYMENT
Invoices will be submitted periodically for services performed, and are payable 30 days from date of invoice. Interest of 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 principle unpaid amount. Attorney's fees or other costs
incurred in collecting any delinquent amount shall be paid by the client.
A $25.00 per check charge will be added for Insufficient Funds and may incur treble damages up to the maximum per
California Laws (Chapter 522, Section 1719).
11
/AS
Corporate Office — 2811 Teagarden Street — San Leandro, California 94577 — (510) 835 -3142 — FAX (510) 834 -3777
www.Testing- Engineers com ACCREDITED
Quality Assurance Services
le; Materials Consulting
MIN
TESTING ENGINEERS, INC. Since 1954
TESTING AND INSPECTION SERVICES - Testing Engineers, Inc.
Quinlin Center Plaza Improvements
10185 Sterling Rd, Cupertino, CA
March 18, 2010
A. CONCRETE Slabs & Grade Beams
Mix Design Review
No.: 3 Rate /ea: 150.00 $ 450.00
Reinforcing Steel Placement Inspection
No. days: 1 No. hrs: 4 Rate /hr: 80.00 $ 320.00
Concrete Placement Inspection
No. days: 1 No. hrs: 4 Rate/hr: 80.00 $ 320.00
Concrete Compression Tests Cast in Place - 1 set of 4 cylinders :very 150 cubic yards
No.: 1 Rate /ea: 30.00 $ 30.00
Pick Up of Samples
No. trips: 1 Rate /ea: 80.00 $ 80.00
SUB -TOTAL $ 1,200.00
B. STRUCTURAL STEEL
* Assumes 3 Welders
Shop Welding
No. days: 3 No. hrs: 12 Rate/hr: 80.00 $ 960.00
Field Welding Includes High Strength Bolting
No. days: 5 No. hrs: 32 Rate /hr: 80.00 $ 2,560.00
SUB -TOTAL $ 3,520.00
C. CMU - Brick Veneer
Masonry Placement
No. days: 2 No. hrs: 12 Rate/hr: 80.00 $ 960.00
Grout / Mortar Compression Tests (1 set of 4 per 100 cubic yards, average)
No.: 12 Rate /ea: 33.00 $ 396.00
Pick Up of Samples
No. trips: 2 Rate /ea: 80.00 $ 160.00
SUB -TOTAL $ 1,516.00
L
Corporate Office — 2811 Teagarden Street — San Leandro, California 94577 — (510) 835 -3142 — FAX (510) 834 -3777
www.Testing - Engineers com ACCREDITED
Quality Assurance Services
le; Materials Consulting
TESTING ENGINEERS, INC. Since 1954
GROUT UNDER BASE PLATES
Grout Placement
No. days: 2 No. hrs: 8 Rate/hr: 80.00 $ 640.00
Grout Cubes 2 x2 x 2 Cubes
No.: 8 Rate /ea: 33.00 $ 264.00
Pick Up of Samples
No. trips: 2 Rate /ea: 80.00 $ 160.00
SUB -TOTAL $ 1,064.00
F MISCELLANEOUS
Affidavit (Principal Engineer): Required by Cupertino, CA
Upon request; please allow 10 working days for affidavit preparation.
No hrs.: 1 Rate /ea: 150.00 $ 150.00
SUB -TOTAL $ 150.00
GRAND TOTAL ESTIMATE $ 7,450.00
Op\
Corporate Office — 2811 Teagarden Street — San Leandro, California 94577 — (510) 835 -3142 — FAX (510) 834 -3777
www.Testing- Engineers.com ACCREDITED