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08-064 Pavement Engineering, Inc.06!1812008 13:34 FAH 448 777 3333 CITY CUPERTINO f~4021442 V-~~q~ 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 , ~ ~ ~ ~ J" ,- 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 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 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 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 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.