09-139 Pavement Engineering, Incaax 4oe 77~ seas
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CITY OF GUPERTINO
90300 Torre Avenue
Cupertino, CA 95014
408 777' 3354
NO. Lic'v ~(~ ~~~
8Y THIS AGREEMENT, made and enteretl into this 'I$u' day September, 2008, by and between the CITY OF
CUPERTINO {Hereinafter referred to as CITY) andPavemant Engineering, Inc. 3824 Cypress Arive, Strife 3,
Petaluma, CA 84954, phone# 707.768.5330, tau 707.189,533,3 {Hereinafter referred as CONTRACTOR), in
consideration of their mutual covenants, the parties hereto agree as fellows:
CONTRACTOR shat) provide or famish the following spersfied services andlar matenais:
Professional services In connection wi9h 2009 Slurry Seal Program
EXHtBIT3: The following attached exhibits hereby are made part o! this Agreement
Attached letter and proposal of August 6, 2009
TERMS: The services and/or materials famished under this F~greement-shaA commence on September 1$,'2009
and shall be completed before June 30, 2010.
COMPENSATION: For the full performance of this Agreement; CITY shall pay CONTRACTOR:
Amount net to exceed $66,090 unless attend by written change order.
Ca3ifomia Labor Gode, Section 1771 requires the payment of pratiailfng wages to ail wortcers employed on a Public Works
contract in excess of $1,000.00.
GENERAL TERMS AHD CONDfiIONS
Hold Hamttess. Contractor agrees to save and hold harmless the Ciiy its officers, agents and employees from any and all
damage and liability due to negligence, errors and omissions, )nciuding all costs of defending any dorm, caused by or
arising out of the performance n# this Agreemem, City shall not be !table for acts of Contractor in performing services
described harem.
Insurance: Should the City require evidence of Insurability, Contractor shall file with City a Certificate of Insurance before
tximmenaing any services under this Agreement Said Certificate shall be subject to the approval of City's Director of
AdmtnisUaiive Services.
Nan•D}serlminatfan: No discrimination shall be made in the employment of persons under Phis Agreement because of the
race, color, natfopat origin, ancestry, religion or sax ofsucn person,
Interest of Contractor: It is understopd and agreed that this Agreement is not a contrsct 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 Ls not authorized to bind the City to any contracts or other obligations in
executing this agreement. Contractor certifies that no one who has or wit! have any financial interest under this Agreement
is an officer of employee of Ciry,
Changes: This Agreement shalt 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-OROINATOR and representative for CITY shall be:
NAME: Cienn Gaepfert DEPARTMENT: Public Works Department
This Agreement shall become effective upon its execution by CITY, fn witness thereof, the parties have executed this
Agreement the day and year first written above-
CONTRAC,Tf~ ~''`/ CITY CU 'RTiNO:
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APPROVALS
EXPENDITURE DISTRIBUTION
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09/18/Y009 10:29 F.4R 908 777 3333
Pavement fngin~~ring Inc.
" Civll Engneering Landscape Architecture
Calirans/Art-tl&1 Qrit~A • Conslructitn Management
7iugust 5, 20b9
t9Y. Glenn Geepfert
City of Cupertino
i03b0 Torre Ayenue
Cupertino, C}~ 95019
f~ 0003!6009
MP 09-206b
Subject: Proposal fox Contract Administration, Inspection and
Testipg Services - 20Q9 Slurry Seal Program
Dear Glenn:
It is our pleasure to continue working with the City of Cupertino
in the ongoing maintenance and refiabilitation of city facilities.
As requested, we are submitting our proposal for Contract
administration, 3nspeetion and testing services for: the 2009 Slurry
Seal project. It is our understanding that tl]s pxbjQCt scope will
include all of the street. segments identified 'for slurry seal, cape
seal, and overlay in Neighborhoods 1, 7, 11, 31 and 32 .'
Our sexvices for ix~spaetion and. testing will be performed ,in the
same format that was used last year in fhe various ,pavement
management programs including Neighborhoods 8, 8'aad 10. A full
time ins.'pector will be on site at all times to oversee and document
the Contracfor's efforts, review traffic control conditions,
measure quantities of completed work, and interface with residents
a8td 1"oval puYalic as needed. All documentation will be .compiled
i'nto'a'binder set and provided to-the city at the conclusion 6f the
project fox your records. During paying operations, a second
inspector will be on hand Co focus on the technical issues related
to hot-mix asphalt. paving, ihcladirfg thickness, tempexature,
compaction, and surface finish, Material samples will be collected
anti retained in the event that testing' is necessary to confirm that
the work meets specification.
Co~txact adiKinistratQn work will include attending a pre_
construction meeting, reviewing submittals, rcviewitig pay r~~~ests,
and coordinating with the City and the Contractor as needed to keep
the project on schedule. At the conclusion of the project PEZ will
review the completed work and pxepare a punch list for any Stems
requiring farther attention, followed by a final ~nspeCtion to
ensure all woYk is truly oomplete.
F:\SHSInOTS'\:'EX'_4d:KR(.My'\?SOQp$L.•:y\?LG,~d..4S'J iv\F:~9-2CE3`pC.vpi
3820 Cypress t7rive, Suite 3 Petaluma. CA 84954-5613 Te% f7D7) 769.5330. Fsx f7D7) 169.5339
' 2D260 Sky~rk Drne Redding. CA 96D02.8221 • Tel. (53D) 224-•1u35 . Faz 1530) X24.4538
9435 SaGramanto Drhe, Suite A - San 1 uis Obispo, CA . 9,#D1 7755 Tsi. (805) 781.22&5 Fax ($fl5) 781-2267
Osl1al2ooa 10:24 FA\ 808 777 8333
Mr. Glenn 6oepfert
MP09-206b
RugAst 5, 20'09
Page 2
C¢j0004l0004
The Contract Documents weie written pro6iding the contractor 95
daps to perform the work. However, the scope o£ work and total
quantities for the 5 neghbdrhoods identified.. above indioat:e 'that
bhis project will 1'ikely be completed in 30 days or so. For t_he
purposes of this contract, this proposal provides a fee fox
performing the work based on a 30 day contract, and a second fee
for the'ailcttion?1 ]5 days, if needed.
Fora project duration of 30 days, our fee for these services will
be $46,900. Tf the project extends to 45 days, our fee for tha
additional 15 days will be $17,475,
To show acceptanoe of this proposal, please provide. PEI with a
Purchase Order at your convenience.
Tf there are any questions regarding this. proposal., please feel
free to contact me at {7073 769-53:3 b.
Very truly yours,
Pr~V$MENT ENGINEERING INC.
e Na ,~ ~
Project Manager
pc: C E'ile
M File P/R/S
MP 09-20bb
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