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10-098 Pavement Engineering, Inc., 2010 Pavement Management ProjectCITY OF (I/ AGREEMENT CUPERTINO ( 1).,,-/~q 9 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO. ~S°?t:JJ6 BY THIS AGREEMENT, made and entered into this 151h day of September, 2010, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Pavement Engineering, Inc., 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: 2010 Pavement Mgmt Project, Contract Admin, Inspection & Testing EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Attached letter and scope, dated August 20, 2010 TERMS: The services and/or materials furnished under this Agreement shall commence on S~ptp~er 15, 2010 and shall be completed before June 30, 2011. vu £Nt COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: '£RED An amount not to exceed $78,500.00, unless altered by written change order from the City. 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 jndemnify 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: 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. ::N~~ Title f/t,e~t# attr" Soc. Sec.# or Tax l.D b g-0'-16 !8' (, EXPENDITURE DISTRIBUTION $ 78,500.00 .Pave1nent f.'ngin1eeting lnr·. Civil Enginecri118 " L1111/!;ca1w •\rchifrcl111e Calrrans/111Wm' QC/QA ° Conslwcli0t1 kL1n.1gem£•1)f August 20, 201 O Mr. Glenn Goepfert City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 MP 10-350 Subject: Proposal for Contract Administration, Inspection and Testing Services - 2010 Pavement Management Project 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 2010 Pavement Management Project, to be con.structed on various streets throughout the city of Cupertino. Our services for inspection and testing will be performed in the same format that was used in past years on the various pavement management programs including Neighborhoods 3, 8 and 10, and Homestead Road. A full-time inspector will be on site at all times to oversee and document the Contractor's et'forts, 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 l1ot-mix asphalt paving, including thickness, temperature, compaction, and surface finish. Material sarnples will be collected and retained in the event that testing is necessary to confirm that the work meets specification. 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 reqL1iring further attention, followed by a final inspection to ensure all work is truly complete. As we discussed this morning, the Contractor's schedul.e 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 across the city. In this particular Contract, this issue is likely with the quantity of concrete curb ramps to be installed, wl1ich is anticipated to overlap with the pavement maintenance operations. A single inspector would be constantly driving back and forth trying to stay on top of all R:IBU SI NESSIT EXTIMARKETING\PRO POSALS\PROPOSALS201 OWi P1 D-350_PR. DOCX :3820 Cypress Drive. Suite :J • Petaluma. CA . 9495,:1-69/d . Tel. (107) 769-5:330 . Fax (107) 769-5383 20260 SkyparA Drivo Flerkling. CA . m-5002-9221 . Tel. (530) P24-4S:JS . Fax (530) 224-4539 3485 Sacramento Drive, .Swte A · San Lw~·; OIJ1spo. CA .. 93401-7156 . fry/. (805) /B 1-2265 . Fax (805) 781-2267