10-098 Pavement Engineering, Inc., 2010 Pavement Management ProjectCITY OF
(I/ AGREEMENT
CUPERTINO ( 1).,,-/~q 9 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200 NO. ~S°?t:JJ6
BY THIS AGREEMENT, made and entered into this 151h day of September, 2010, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Pavement Engineering, Inc., 3820 Cypress Drive, Suite 3,
Petaluma, CA 94954, Phone: 707.769.5330, Fax: 707.769.5333 (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:
2010 Pavement Mgmt Project, Contract Admin, Inspection & Testing
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Attached letter and scope, dated August 20, 2010
TERMS: The services and/or materials furnished under this Agreement shall commence on S~ptp~er 15, 2010
and shall be completed before June 30, 2011. vu £Nt
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: '£RED
An amount not to exceed $78,500.00, unless altered by written change order from the City.
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 jndemnify and hold harmless the City, its officers, agents and employees from any and all damage and
liability that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, 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 Department
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.
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Soc. Sec.# or Tax l.D b g-0'-16 !8' (,
EXPENDITURE DISTRIBUTION
$ 78,500.00
.Pave1nent f.'ngin1eeting lnr·.
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August 20, 201 O
Mr. Glenn Goepfert
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
MP 10-350
Subject: Proposal for Contract Administration, Inspection and Testing Services -
2010 Pavement Management Project
Dear Glenn:
It is our pleasure to continue working with the City of Cupertino in the ongoing
maintenance and rehabilitation of city facilities. As requested, we are submitting our
proposal for contract administration, inspection and testing services for the 2010
Pavement Management Project, to be con.structed on various streets throughout the
city of Cupertino.
Our services for inspection and testing will be performed in the same format that was
used in past years on the various pavement management programs including
Neighborhoods 3, 8 and 10, and Homestead Road. A full-time inspector will be on site
at all times to oversee and document the Contractor's et'forts, review traffic control
conditions, measure quantities of completed work, and interface with residents and the
public as needed. All documentation will be compiled into a binder set and provided to
the city at the conclusion of the project for your records.
During paving operations, a second inspector will be on hand to focus on the technical
issues related to l1ot-mix asphalt paving, including thickness, temperature, compaction,
and surface finish. Material sarnples will be collected and retained in the event that
testing is necessary to confirm that the work meets specification.
Contract administration work will include attending a pre-construction meeting,
reviewing submittals, reviewing pay requests, and coordinating with the City and the
Contractor as needed to keep the project on schedule. At the conclusion of the project
PEI will review the completed work and prepare a punch list for any items reqL1iring
further attention, followed by a final inspection to ensure all work is truly complete.
As we discussed this morning, the Contractor's schedul.e may require a second
inspector to be on site at various times of the project. This situation could occur if the
Contractor has multiple crews working at various locations across the city. In this
particular Contract, this issue is likely with the quantity of concrete curb ramps to be
installed, wl1ich is anticipated to overlap with the pavement maintenance operations. A
single inspector would be constantly driving back and forth trying to stay on top of all
R:IBU SI NESSIT EXTIMARKETING\PRO POSALS\PROPOSALS201 OWi P1 D-350_PR. DOCX
:3820 Cypress Drive. Suite :J • Petaluma. CA . 9495,:1-69/d . Tel. (107) 769-5:330 . Fax (107) 769-5383
20260 SkyparA Drivo Flerkling. CA . m-5002-9221 . Tel. (530) P24-4S:JS . Fax (530) 224-4539
3485 Sacramento Drive, .Swte A · San Lw~·; OIJ1spo. CA .. 93401-7156 . fry/. (805) /B 1-2265 . Fax (805) 781-2267