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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: i~ By : 'Gr.~l~~-- ~ ~ B Title " ~~` ro ~~ Y Title W ~_ ~~/ : g . S~oe:-~ee:~# _~ APPROVALS EXPENDITURE DISTRIBUTION F TMENT H ~ DATE /\CCOUNT NUMBER AMOUNT CITY ERK DATE la -~-6 G . ~ CITY CLEI~K COPY i~ 09 ~,~„ '" { ~t;I ir, ray .t.,.~r t fr .. ~ trr? ,; +~ ~' C`.~f~To ir3-,' 10~f I ~1r, ~~°': C +ft~~ .~ ~~ti ,., r_.~:_.~;~€tl 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 u '~ 7-~ 1