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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 P.: '\ Bus ~_ ~;l)?i:, \'.:'8 x t \~.1a r ).;2: i ",(; \ f-' rcp:::' f; ,;:' l~) \ P .::apl~~:i< ill S?'..'{' ~ \:,1[:'( t; -., qcO pr. .""I.:d 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 $35 each. 6. Payment: Invoices will be submitted at the completion of the work for Engineering Reports. Inspection fees will be invoiced on a monthly basis. All invoices are due upon receipt. Interest of 1-1/2% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. l\ttorneys fees or other costs incurred in collecting any delinquent amount shall be paid by the client. ;:<.: \ 8'01$.: r.eS5 \Text \1"1"-1 rket i~,9\'?rcp0saJ.s \ Pr('po~a 13?CQ6\~FOb-190,.qr. Yipr...: 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: o o o o o o o o o o o o o o o $ o $ o $ o $ o $ o $ o $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ rootIprojecfslspreadsheeVcupertinoJ060041/contract admill/invOlcesJ13ase _Spreadsheet xls