11-027 Agreement, Pavement Engineering, Additional Inspection and Testing Services. CITY OF
fl
CUPERTINO
AGREEMENT
CITY OF CUPERTINO
/.--------0300 Torre Avenue, Cupertino, CA 95014 l.Ji.--1099' 408-777-3200
BY THIS AGREEMENT, made and entered into this 28th day of February~ 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:
Additional inspection and testing services for Pavement Projects
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: NIA
TERMS: The services and/or materials furnished under this Agreement shall commence on March 1, 2011
and shall be completed before October 31, 2011.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
An amount not to exceed $44,000, unless altered by written change order.
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: ~ ENTERED
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. CONT$
By · Af~
CITY OF CUPERTINO:
Title President
Soc. Sec. #or Tax I.D ~68~-~0~4~6~1=8~6~6 ____ _
EXPENDITURE DISTRIBUTION
DATE ACCOUNT NUMBER AMOUNT
l•IO•fl 270 9450 9300 $ 44,000
RECEIVED
PUBLIC WORKS DEPARTMENT
fi1 Pavement Engineering Inc. MAR 0 9 2011
Petaluma Office o Redding Office
3820 Cypress Drive, Suite 3 20260 Skypark Drive
Petaluma, CA 94954-6964 Redding, CA 96002-9221
707-769-5330 office 530-224-4535 office
707-769-5333 fax 530-224-4539 fax
TRANSMITIAL
To: City of Cupertino
Attn: Public Works Department
10300 Torre Avenue
Cupertino, CA 95014
San Luis Obispo Office
3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401-7156
805-781-2265 office
805-781-2267 fax
Date: 3/7/2011
Project No.: 110050
Subject: City of Cupertino Pavement Inspection and Testing Services
We are sending the attached information via:
[X] First Class Mail
[ ] Airborne Express
[ ] California Overnight
[ ] Federal Express
[ ] United Parcel Service
[ ] Hand-Delivered
The following: Signed Agreement for Additional Services
Remarks: Please return one copy of fully executed document for our files. If you have
questions or comments, please contact me at the above number.
Transmitted:
[X] As Requested
[ ] For Approval
[ ] For Your Use
[X] For Processing
[ ] For Review & Comment
[ ] For Your Information
[ ] For Your Files
pc: C File
100192
~~
Karen Hawkins
Senior Administrative Assistant
CUPERTINO
March 31, 2011
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE· CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 •FAX: (408) 777-3366
WEBSITE: www.cupertino.org
Pavement Engineering, Inc. (PEI)
3 820 Cypress Drive, Suite 3
Petaluma, CA 94954
Re: Agreement, Additional inspection and testing services for Pavement Projects
Enclosed for your records is a fully executed copy of the above.stated agreement between Pavement
Engineering, Inc. (PEI) and the City of Cupertino. If you have any questions, please contact the
Public Works Department at (408) 777-3354.
Sincerely,
~~~
Kirsten Squarcia
City Clerk's Office
cc: Public Works
Enclosure