08-064 Pavement Engineering, Inc.06!1812008 13:34 FAH 448 777 3333 CITY CUPERTINO f~4021442
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AGREEMENT
CITY QF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
40$-777-3200
ro. cr~"D,5" .3 /
BY THIS AGREEMENT, made and entered into this 18'" day of June. 2006, by and between the CITY OF CUPERTINO
(Hereinafter referred to as CITY) and Name (1) Pavement En Ineerin In .PEI (2)
Address 3820 Cyaress Drive. Suite 3 City ^Petaluma. CA Zip 94954 Phone 17071769-5330
(Hereinafter referred as CONTRACTOR}, in consideration of their mutual covenants, the parties hereto agree as follows
CONTRACTOR shall provide or famish the following specifred services and/or materials:
Contract administratiQn, inspection 8 testing ssfVlC6s for Local Streets Pavement Management Protect, Phase 1
(200$-03), and Major Streets Pavement Management Project (2008-04).
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Attached proposals of May 13, 200$ for Local Streets Pavement Management 1 and Major Stnaets Pavement
Management.
TERMS: The services andlor materials famished under this Agreement shall commence on_June 23.2008
and shall be completed before December 31. Z008~
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
An amount not to axce®d $147,100.00, unless amended by written change order. (Contingency of 57,900.00 made
available June 17, 200$ by Council.)
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 pertormance 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. Sold Certificate shall be subject th the approval of City's Director of
Administrative Services.
Non-Dlscrlmination. 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 representafive for CITY shall be: E~~~~n
NAME Glenn Geonfert DEPARTMENT Public Works J•~
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the d~nd year first written above.
CONTRAC'~QR; , ~ ,~ CI PERTINO:
rile ` P ~~t`~~
Soc. Sec. #
APPROVALS
B
Title Assistant Director of Public Wo s
EXPENDITURE DISTRIBUTION
RTME D ~~~ DATE .
• +~ ~ p _
z7o 94s
3 ~ a7,100.00
RK DATE , ~ ~ ~ ~
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,-
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
PWImIM18~VMlll'~IWI~VIV~ I„ `~: "°
REGINA ALCOMENDRAS RDE t3 008
SANTA CLARA COUNTY RECORDER 2/12/2009
Recorded at the request of 10 31 AM
City
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
MAJOR STREETS PAVEMENT MANAGEMENT
PROJECT NO. 2008-04
~ ~e
~~ ~
._
riginal
or ast Endorsement
City Hall
10300 Torre Avenue
Cupertino, CA 950 1 4-325 5
(408) 777-3354
CUPERTINO
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTA7VCE OF COMPLETION
MAJOR STREETS PAVEMENT MANAGEMENT
PROJECT i~TO. 2008-04
NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr_, Director of Public Works
and City Engineer of the City of Cupertino, California, do hereby certify that the work and
improvements in hereinafter described in the contract which was entered into, by, and between
the City of Cupertino and O'Grady Paving, Inc., on July 8, 2008, in accordance with the plans
and specifications for said work, have been completed to my satisfaction and acceptance of
completion was ordered on February 3, 2009. That said work and improvements consisted of
furnishing all labor, materials, tools, and equipment required to complete said project, all as more
particularly described in the plans and specifications for said project.
C_.Q [..~ c~ Cam( S
Director of Public Works and
City Engineer of the City of Cupertino
Date: February 4, 2009
"NO FEE"
VERIFICATION
I have reviewed this Certificate of Completion and Notice of Acceptance of
Completion. To the best of my knowledge, the information contained herein is true and
complete.
I verify under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.
Executed on the 4`h day of February 2009 at Cupertino, California.
Julia Kinst `~
City Clerk's Office
City of Cupertino
RECORllING REQUESTED SY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEI' IN ACCORDANCE
WITH GOB! CODE 6103
DOCUMENT: 20131929 Pages 3
II ~ II II I I III illl I I I I I III II CopeeS ~ No Fees
AMT PAID
REGINA ALCOMENDRAS RDE ss eel
SANTA CLARA COUNTY RECORDER 2/12/2ee9
Recorded at the request of 9 42 AM
City
(SPACE ABOVE TIIIS LINE 1=0R REC012DER'S USE)
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
i_
f~ ~~
LOCAL STREETS PAVEMENT MANAGEMENTI
PROJECT NO. 2008-03
Original
O For Fast Endorsement
City Hall
10300 "Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
CUPERTINO
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AN D
NOTICE OF ACCEPTANCE OF COMPLETION
LOCAL STREP:TS PAVGMF_N'I' MANAC:EMENT 1
PROJECT NO. 2008-03
NOTICE IS IIEREBY GIVEN THAT I, Ralph A_ Qualls, Jr_, Director of Public Works
and City Engineer of the City of Cupertino, California, do hereby certify that the work and
improvements in hereinafter described in the contract which was entered into, by, and between
the City of Cupertino and O'Grady Paving, Inc., on July 8, 2008, in accordance with the plans
and specifications fior said work, have been completed to my satisfaction and acceptance of
completion was ordered on February 3, 2009. That said work and improvements consisted of
furnishing all labor, materials, tools, and equipment required to complete said project, all as more
particularly described in the plans and specifications for said project.
~z._,d C~ Cam. c~ ~s
Director of Public Works and
City Engineer of the City of Cupertino ~~~///
Date: February 4, 2009
"NO FEE"
VERIFICATION
I have reviewed this Certificate of Completion and Notice of Acceptance of
Completion. To the best of my knowledge, the information contained herein is true and
complete.
I verify under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.
Executed on the 4"' day of February 2009 at Cupertino, California.
Julia Kinst
City Clerk's Office
City of Cupertino
PUBLIC WORKS DEPARTMENT
Pavement Engineering Inc. MAY 19 2008
• Civil Engineering • Landscape Architecture
Cal Trans/AMRL QC/QA Construction Management
May 13, 2008 MP08-165
Mr. Glenn Goepfert
Assistant Public Works Director
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Subject: Major Streets Pavement Management Program
Contract Administration, Inspection and Testing Services
Dear Glenn:
Pavement Engineering is pleased to provide a proposal for contract
administration, inspection and testing services for the subject project.
As you are aware, PEI has performed numerous projects in the past for the
city of Cupertino. This proposal is based on our past experience working
with the city on similar projects.
PEI will provide inspection and testing services during the construction
phase to ensure compliance with the project design. Just as we have
performed in previous projects, we will provide an project inspector to
oversee all portions of the construction work and act as a liaison
between the Contractor and the City of Cupertino. During paving work,
an additional inspector will be on hand to monitor compaction and provide
quality assurance.
Contract Administration services will include attending meetings,
submittal reviews, reviewing payment requests, general coordination
between the Contractor and the City, and any other administrative work
necessary to maintain a smooth, timely project completion.
Laboratory testing will be performed on asphalt concrete samples
collected during each day of paving. Quality Assurance testing will be
performed to ensure compliance with the Contract Documents. All aspects
of field inspection, quantity measurements, and administrative issues
that arise during construction will be documented and relayed to the City
as needed.
Our estimated fee for the contract administration, inspection, and
testing up to completion of the project, based on 30 days of construction
as enumerated in the project specifications, will be $62,635. Additional
inspection services may be required if the contract time is extended, or
if the contractor's schedule requires the need for a second inspector to
be on hand at various stages of the project.
3820 Cypress Drive, Suite 3 Petaluma, CA 94954-5613 Tel. (707) 769-5330 Fax (707) 769-5333
20260 Skypark Drive Redding, CA 96002-9221 Tel. (530) 224-4535 Fax (530) 224-4539
3485 Sacramento Drive, Suite A San Luis Obispo, CA 93401-7156 Tel. (805) 781-2265 Fax (805) 781-2267
Mr. Glenn Goepfert
May 13, 2008
MP08-165
Page 2
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 working with the City of Cupertino once again and
anticipate another successful project. Please feel free to call me at
(707) 769-5330 if you have any questions regarding this proposal.
. ~,. ,_.. } r.. ,
v;.iy ~iuiY yvurS,
PAVEMENT ENGINEERING INC.
-~
Mike Wasden
Project Manager
Attachments: Proposal Conditions
pc: C File
M File
MP Files P / S / R
R:\Business\Text\Marketing\Proposals\Proposals2008\MP08-165 pr.wpd
PROPOSAL CONDITIONS
1. Proposal is valid for thirty days from the date of the
proposal.
2. 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 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 PEI 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 1-1/2o 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.
Attorr_eys fens or other costs i_ncur_.red in collecting any
delinquent amount shall be paid by the client.
R:\Business\Text\Marketing\Proposals\Proposals2008\MP08-165 pr.wpd
Pavement Engineering Inc.
• Civil Engineering Landscape Architecture
CalTrans/AMRL QC/QA Construction Management
May 15, 2008
Mr. Glenn Goepfert
Assistant Public Works Director
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
RECEIVED
PUBLIC WORKS DEPARTMENT
MAY 19 2008
MP08-169
Subject: Local Streets Pavement Management Project, Phase I
Contract Administration, Inspection and Testing Services
Dear Glenn:
Pavement Engineering is pleased to provide a proposal for contract
administration, inspection and testing services for the subject project.
As you are aware, PEI has performed numerous projects in the past for the
city of Cupertino. This proposal is based on our past experience working
with the city on similar projects.
PEI will provide inspection and testing services during the construction
phase to ensure compliance with the project design. Just as we have
performed in previous projects, we will provide an project inspector to
oversee all portions of the construction work and act as a liaison
between the Contractor and the City of Cupertino. During paving work,
an additional inspector will be on hand to monitor compaction and provide
quality assurance.
Contract Administration services will include attending meetings,
submittal reviews, reviewing payment requests, general coordination
between the Contractor and the City, and any other administrative work
necessary to maintain a smooth, timely project completion.
Laboratory testing will be performed on asphalt concrete samples
collected during each day of paving. Quality Assurance testing will be
performed to ensure compliance with the Contract Documents. All aspects
of field inspection, quantity measurements, and administrative issues
that arise during construction will be documented and relayed to the City
as needed.
Our estimated fee for the contract administration, inspection, and
testing up to completion of the project, based on 45 days of construction
as enumerated in the project specifications, will be $84,460. This
amount is also based on the expectation of approximately seven days for
the Contractor to perform the paving work. Additional inspection
services may be required if the contract time is extended, or if the
contractor's schedule requires the need for a second inspector to be on
hand at various stages of the project.
3820 Cypress Drive, Suite 3 Petaluma, CA 94954-5613 Tel. (707) 769-5330 Fax (707) 769-5333
20260 Skypark Drive Redding, CA 96002-9221 Tel. (530) 224-4535 Fax (530) 224-4539
3485 Sacramento Drive, Suite A San Luis Obispo, CA 93401-7156 Tel. (805) 781-2265 Fax (805) 781-2267
Mr. Glenn Goepfert
May 15, 2008
MP08-169
Page 2
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 working with the City of Cupertino once again and
anticipate another successful project. Please feel free to call me at
(707) 769-5330 if you have any questions regarding this proposal.
Very truly yours,
PAVEMENT ENGINEERING INC.
~`
e W s en
Project Manager
Attachments: Proposal Conditions
pc: C File
M File
MP Files P / S / R
R:\Business\Text\Marketing\Proposals\Proposals2008\MP08-169 pr.wpd
(~
PROPOSAL CONDITIONS
1. Proposal is valid for thirty days from the date of the
proposal.
2. 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 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 PEI 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 1-1/2o 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 incurred in collecting any
del.inauent amount shall be maid by tre client.
R:\Business\Text\Marketing\Proposals\Proposa1s2008\MP08-169 pr.wpd
FAX
CUPERTINO
To: Mike Wasden
Project Manager
Fax 707.769.5333
~~ Agreement w/ City of Cupertino
Local Sts & Major Sts
REMARKS: ^ Urgent ® For your review
Date June 18, 2008
Number of pages including cover sheet 2
FROM: Glenn Geopfert
Public Works Department
Phone (408) 777-3354
Fax # (408) 777-3333
^ Reply ASAP ^ Please Comment
Please review, sign and fax as soon as possible the attached agreement.
If you have any questions, please contact Glenn Geopfert at 408 777 3354.
Thank you,
Helena M. Stehlik
Public Works Department
06/19/2008 08:54 7077695333 PEI PETALUMA PAGE 01
Pavement Engineering /nc.
Petaluma Office • Reddin Office
g San Buis Obispo Office
3820 Cypress Drive, Suite 3 20260 Skypark [)rive 3485 Sacramento Drive, Suite A
Petaluma, CA 94854-6964 Redding, CA 960029221 San Luis Obispo, CA 93401-7156
707-769-5330 office 530-2244535 office
805-781-2265 office
707-769-5333 fax 530-224-4539 fax 805-781-267 fax
T~.A,NSIV~ZT'Y'AL
Date: o6i~.sios
Project No.: TaD
TO: ML . Glexixi Goepfert
The City of Cupertino
10300 Toxre 1Ave_
Cupertino, CA 95014-3202
Subject: Local Streets Project Management Project, PS.ase 1 (2008-D3), and
Major Streets Pavement Management- Project (2008-04)
We are sending the attached information via: FAx 408/ 777-3333 and
® First Class Mail ^ Federal ExprESs
^ Airborxze Express ^ United Paxcel Service
^ Cal,ifornia Overnight
^ Hand-DeJ.iverEd
The following: AGREEME~7T
Remarks: Original, to follow vi,a US Mail.
7'F8t'1S~Xlltted:
^ As Requested
^ For Approval
^ For Your Use
®
^ For Your Processing
For Review & Comment
^ For your Txlformation
^ Fox Your Files
Pc' TBD
C File
--
Dinda y
Admin,istrati.V'e Assistaltt
If enclosures a.re not as noted„ please call as soon, as .possible.