06-053, Pavement Engineering Inc.
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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
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$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
rootfprojects/spreadsheeUcupertinoJ05OO.32icontract 'admiolinvoiceslBase _ Spreadsheet.x:ls