11-074 PAVEMENT ENGINEERING, INC. (PEI), 2011 PAVEMENT MAINTENANCE PROJECT (2) CITY OF
AGREEMENT
CITY OF CUPERTINO
t � 0300 Torre Avenue, Cupertino,CA 95014 NO.��7� )�
z "'r 408-777-3200 / 7
CUPERTINO 1015
BY THIS AGREEMENT, made and entered into this 15th day of July, 2011 by and between the CITY OF CUPERTINO
(Hereinafter referred to as CITY) and Pavement Engineering, Inc. (PEI),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:
2011 Pavement Maintenance Project—Contract Admin.,Inspection&Testing Services
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Attached Proposal of July 1,2011
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TERMS: The services and/or materials furnished under this Agreement shall commence on'Meh 1,2011
and shall be completed before June 30,2012.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
An amount not to exceed$88,000,unless altered by written change order(Task 4 to be added if necessary)
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to indemnify 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: 1/4/0ENTERED •
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.
CONTRACTOR( CITY OF CUPERTINO:
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Title li(arid Title:Assistant Director,Public Works D-p. u ent
#.3l or Tax I.D 68-0461866
APPROVALS • EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD Vol DATE 'ACCOUNT NUMBER AMOUNT
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It - 1r, 11. 11 270 9450 9300 $68,000
CITY CLERK DATE -- 110 8101 7014/AI I I $20,000
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.. __ Pavement Engineering Inc.
Civil Engineering • Landscape Architecture
CalTrans/AMRL QC/QA " Construction Management
July 1, 2011 MP 11-284
Mr. Glenn Goepfert
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Subject: Proposal for Contract Administration, Inspection and Testing Services — 2011
Pavement Management Project
Reference: Quantity estimates for Base Bid and Add Alternate Streets
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 2011 Pavement Management Project, to be
constructed on various streets throughout the city of Cupertino.
Based on the referenced quantity spreadsheets, the scope of construction will be similar to that
which was performed on previous projects, and will include crack sealing, digouts, keycuts,
leveling courses, pavement fabric, overlays, adjusting utility covers, and replacing traffic striping.
Our estimate for the contractor to perform the base bid work is approximately 35 days. If Add
Alternate No. 1 is included in the contract, we estimate that the number of work days will increase
by approximately 7 days, and if Add Alternate No. 2 is included in the contract, the number of days
may increase yet again by another 5 days or so.
Our services for inspection and testing will be performed in the same format that was used in past
years on the various pavement management projects including Homestead Road and, more
recently, the 2010 Pavement Management Project in Cupertino. A full-time inspector will be on
site at all times to oversee and document the Contractor's efforts, 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 hot-mix asphalt paving, including thickness, temperature, compaction, and surface.
finish. HMA samples will be collected and delivered to our testing laboratory to confirm that the
product meets specification and verify compaction. One round of laboratory testing will be
performed for each day of paving (or fraction thereof).
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 requiring further attention, followed by a final
inspection to ensure all work is truly complete.
R:BUSINESSITEXTNMRKETINGIPROPOSALSIPROPOSALS20111MP11-284 PR.DOCX
3820 Cypress Drive, Suite 3 • Petaluma, CA • 94954-6964 • 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
M P 11-284
July 1, 2011
Page 2
As we have seen in past projects, the Contractor's schedule 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 throughout the city.. A single inspector would be constantly
driving back and forth trying to stay on top of all crews concurrently, and the result would be an
overall reduction in his ability to provide full-time quality inspection. In these instances, a second
inspector would allow us to maintain our normal level of construction inspection and reduce
"runaround time'. Due to this issue, we are providing a separate fee for "Supplementary
Inspection Services", should they be required, to ensure sufficient funding in the Contract. If the
contractor's operations and/or schedule will require more time than this we will contact you in
advance of the work to negotiate additional inspection fees.
Our base fee for the Contract Administration, Inspection and Testing work for the 2011 Pavement
Management Project will be as follows:
Task 1: Base Bid $66,385
Task 2: Add Alternate No. 1 $12,310
Task 3: Add Alternate No. 2 $ 9,160
Task 4: Supplemental Inspection Services
(10 additional days of inspection) . . . . $10,800
Total: $98,665 •
As always, our invoices will be based on actual work performed by PEI,with the potential for some
savings if the contractor's schedule allows.
To show acceptance of this proposal, please provide PEI with an Agreement at your convenience.
If there are any questions regarding this proposal, please feel free to contact me at (707)
769-5330.
Very truly yours,
PAVEMENT ENGINEERING INC.
Mike WasdenV
Project Manager
pc: C File
M File P/R/S
MP 11-284
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