08-089 Pavement Engineering08/11/2005 14:05 7077695333
08/05/2008 13:33 FAX 408 777 3333
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PEI PETALUMA
CZTY CUI'ERTINQ
PAGE 01
f~1002/005
AGREI~MENT
CITY OF CUPEI3T'INO
~ 0300 Torre Av~enu9
Cupertino, CA 95074
aoa-ri'7.32ao
BY THIS AGREEMENT made and entered into on tfie,~g'r1,3 day of ~~ ~~ ~- t~ 2oV~r
by and between the C T1f OF CUP RTINO (Herelna er,-eferred to as CITY) and
Name (t)ar°"~' ~-F~i"= °' ° [r~y~~•(2) T`~-~=~7vT~Z6`~~~tl3
Address '38~1Q GY.i S~^r~ ~ City~T~d®yl"r~ c~ Zip~fF'hens[7v7~7 -s33o
(wereiniafter referred as CONTRACTOFI), in consideration of their mutual Covenants, the parties hereto agree as
fallowm:
CONTRA~GTOFI shal~rovlde or furnish the followjng pe~ce~if?~edG-~K I~ce~ a or ateri ~ ~~~~T
1 ~- ~~~~~C t o~v~1~-~'=~~TI~~~LL~ ,~~[~-~~[S P`s~~T f-~.~~5e~~ M+~-~.`C 2 ..
EXH161TS; ThQ following attached eXhlt~its fierelsy ra mride part of this Agreement:
~ `t''.C~t~-~ L-~'t~f ~- ~F ~~ lfl+ 2AO~j, >~ ~4'T'~"'-~,FIE~~
TERMS: The services and/or material furnished under this Agreement shall commence on J ~ ~ls#9$
and sfiall be completed b®fore ~v ~ ~a , 200°'~
CO^1WIpENSLAlT~ION- For the full peAormance of this Av,7reament, ITY shall pay ~gNTRACTOR-
r-cS~ ~~ `~LI.'(' ~bT Td ~~G>~~n C1G~JO+ 1 t..7~f ~`
GENERA6TERM9 AN1~7 CONDITIONS
Hold 1-larmless. Contngc[or Agrees to save and hold harmless the City, its officers, agents and employees from any
and all damage and liability of every nrlrture, Including all costs of defending any claim, caused by or arising out of the
performance of this Agreement. City shall oat pe liable far e.ots of contractor In performing services described herein.
Insurance. Sheuld the Clty require evidence of insurabifily Contractor shall file with City a Certificate of Insurance
before oommencing any services under this Agreement :Said Cert'rficatca shall be subject to the approval of City'a
Director of Adminictnative Servicae_
Non-Dlscrlminatlon. No discrimination shall be made in tits employment of persons under this Agreement because
of the race, eelor, national origin, ancestry, religion or sex of such person.
InMKest crf Cnntr~aatoR It is understood and agreed that this Agreement is not a contract of employment in the sense
chat the relation of master and servant exists between Clty and undersfgned_ At all times Contractor shall ba deemed
to bean independent oontraetor 6rnd Contractor fs not authorized to bind the Crty to any contracts or other obligatjons
in executing this Agreement. Contractor certifies that no ana who has or will have any financial Interest under this
Agreement Is an pf}lost or employee of City.
Changes. This Agreement shall not be assigned or iransfiarred without the wrrtt2n oOh9vnL of TYIe City No cnangea
or varladona of any kind are autltorized without the written consent of the City /~
CONTRACT CO-ORDINATOR and representative for G1TY she'll be; `,/I(4~J1 ~~RFjD
NAME t.~ T DEPARTMENT ~-~-k~"C- (~r~ ~ 5
Tats Agreement shall becpme effective upon its execution by CITY, in witness thereof, the parties have executetl this
Agreement th8 day and year first written above.
CpNTRAC 4R?~~ C:ITY INO:
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Title ~~ /G(^.bi~c~s.r-~ Title o G Lr.Lo
Soc_ Sec. #
APPROVALS
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Pavement Engineering /nc.
~ Civi/ Engineering • Landscape Architecture
Ca/Traps/AMRL QC/QA Construction Management
June 10, 2008 12ECEP/ED MP08-205
PLTBLIC WORI{S DEPARTMENT
Mr _ Glenn Goepfert JUN 1 3 2008
Assistant Public Works Director
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Subject: Local Streets Pavement Maxiagement Project, Phase
Contract Administration, ~Cnspection 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 niunerous projects in the past for the
city of Cupertino. This proposal is Lased 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 w:i11 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 ~Ni11 include attending meetings,
submittal reviews, reviewing payme~zt requests, general coordination
between the Contractor and the City, and any other administrative work
necessary to maintain a smooth, time-Ly project completion_
Laboratory testing will be performed on asphalt concrete samples
collected during each day of paving. Quality Assurance testirly- ~.~;ili ba
performed to ensure compliance with the Contract Documents_ A11 aspects
of field inspection, quantity measurements, and administrative issues
that arise during construction will b~>_ documented and relayed to the City
as needed.
Our estimated fee for the contract administration, inspection, and
testing up to completion of the proje~:t, based on 45 days of construction
as enumerated in the project speci:Eications, will be $88,160_ This
amount is also based on the expectation of approximately nine 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 n~=ed for a second inspector to be on
hand at various stages of the project.
3820 Cypress Drive, Suite 3 Petaluma, CA - 94954-5673 - Te/. (707) 769-5330 - Fax (707) 769-5333
20260 Skypark Drive Redding, CA 96002-9221 - Te/. (530) 224-4535 - Fax (530) 224-4539
3485 Sacramento Drive, Suite A San Luis Obispo, CA 5'3407-7756 - Tel. (805) 78Y-2265 - Fax (805) 781-2267
PROPOSAL CONDITIONS
1. Proposal is valid for thirty days from the date of the proposal.
2 _ A11 work shall be performed uti=_izing 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 Pric~° Proposals will be charged at the
quoted price. The quoted prig=s 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_
S _ 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_ A11 invoices are due upon receipt. Interest of 1-
1/2 o per month (but not exceec_ing the maximum rate allowable by
law) will be payable on any .smounts 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 delinquent amount shall be paid by the
client_
R: \BUSiness\Text\Mar]ceting\Proposals\Proposals2008\MP09-205~r. wpd