09-140 Pavement Engineering, IncAGREIEMENT
CITY OF CUPERTINO
City of f~ 10300 Torre Avenue
Cupertino ~ ! (~ / ~ Cupertino, CA 95014 `
408-717-3200 NO. ~ ~~
BY THIS AGREEMENT made and entered into on the _ ~'~~ day of 7~~~-- ~
by and between the CI OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) - (2.~ ~ *, 07 7~ °~ 3~
Address- ~ ~ ' City ~ Zip Phon D7 7 - ~
(Hereinafter referred as CONTRACT R), in considera ion of their mut al covenants, the parties ereto agree as
follows:
CONTRACTOR shall provide or furnish the following p cified seryices and/or m tenals:
EXHIBITS: The following attached exhibits hereb ~re m;~de art of this Agreeme
TERMS: The services and/or materials furnished under this Agreement shall commence on ~ ~~'~ ~~.18 Z~q
and shall be completed before .~ ~ '2'0 l ~_
COM~P~A~TIOIy: For the full performance oft is Agreement, CITY shall pay CONTRACTOR:
`~~ ~~-(.~~ o~~-cam=
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harn-iless the City, its officers, agents and employees from any
and all damage and liability of every nature, including all casts of defending any claim, caused by or arising out of the
performance of this Agreement. City shall not be liable for ~ICts 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 ttie 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 relation 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 auth~~rized to bind the City to any contracts or other obligations
in executing this Agreement. Contractor certifies that no cane 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 QC~~C~~ DEPARTMENT ~LL ~~~
This Agreement shall become effective upon its execution key CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRA OF#: ~ .CITY OF C ERTINO:
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By : 'Gr.~l~~-- ~ ~ B
Title " ~~` ro ~~ Y
Title W
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S~oe:-~ee:~# _~
APPROVALS
EXPENDITURE DISTRIBUTION
F TMENT H ~ DATE /\CCOUNT NUMBER AMOUNT
CITY ERK DATE
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CITY CLEI~K COPY
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September 21, 2009
Mr. Glenn Goepfert
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
MP 09-365
Subject. Proposal. for. Contract Administration, Inspection anal
`T'esting Services -Homestead Road Pavement Rehabilitation
F?ro j ect
Dear Glenn:
It is our pleasure to continue working with the City of Cupertino
i.n the ongoing ma.i.ntenance and rehab:il.itation of city facilities.
As requested, we are submitting our proposal for contrac:t::
administration, inspection and testing services for the 2009
Pavement Rehabilitation Project on Homestead Road.
{fur services for a_nspection and tEysting will. be per..F.orrned in the
same format that was used last year in the various pavement
management programs including Nc.igY~borhoods 3, 8 and 10. A full-
time inspector Mill be on site at all times to oversee and document.
the Contractor's efforts, review tr.a.f.f.ic control conditions,
measure quantities of completed work, and interface witri residents
and the public as needed. All docL.mentation will be compiled into
a binder set anal provided to the, city at the conclusion of the
project for your records.
lluring paving operations, a sewn+i inspector will be on hand to
focus on the technical issues related to hot-mix asphalt paving,
.including thickness, temperature, compaction, and surface finish.
Material samples w:i1.l be collected and retained i.n the event that
testing is necessary to confirm thc.t the work meets specification.
t;ontraet administration work will include attending a pre-
construet:ion meeting, reviewing sub::nittals, reviewing pay requests,
anal coordinating with the City and -the C,ont.ract.or as needed to keep
the project on schedt:~le. At. the conclusion of the project PEI i~.~ill
revs.ew the completed work and prepare a punch list for any items
requiring further attention, followed by a final inspection to
ensure all work is truly complete.
Mr. Glenn Gaepfert
MP09-365
September 21, ?009
Page 2
Our fee far the Contract Aim;inistratian, Inspection and `T'estir~~g
i~~ark an Homestead Raad, as described in this prapasal, will be
562, 395. Thi:~ -.fee is based on a project timeline of 45 days as
specified in the Contract Documents. Ho~~~ever, based on tY`ie final
scope o.f work far this project, it: is likely that the wank w:i.ll be
completed in less than ~5 days. Fps always, our fees will be based
an actual- work perforrr~ed by P}J _, with the potential. far some
savings if the contractor's schedule allows.
Ta shave acceptance of this pr.apasal., please provide PEI with an
Agreement at your convenience.
If there ar..e any questions regarding this prr;posal, please feel
free to contact me at 1707) 769-53301.
Very truly yours,
PAVEMENT ENGINEERING INC.
~ ..._
Mike t~'aset`en'~
Prajc~ct Manager
pc: C File
M File P/R/S
MP 09-365
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1
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CI.iPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.orcl
CUPERTINO
October 29, 2009
Pavement Engineering, Inc
3820 Cypress Drive, Suite 3
Petaluma, CA 94954
To Whom It May Concern:
Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the Public Works
department at (408) 777-3354.
Sincerely,
CITY CLERK'S OFFICE
Enclosure
cc: Public Works