02-026 Biggs Cardosa Associates, Inc.
..~ AGREE;MENT
~~~ !- CITY OF CIJPERTINO
~~~ 10300 Torre Avenue
UiY OF ~ I ~ ~ Cupertino, CA 95014
C E~ P E T I N °~ (4os> ~~~-3200
BY THIS AGREEMENT, made and entered into on the ~-~ 'rN
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Biggs Cardosa Associates, Inc. _ (2)
;, ~ "
day of ~ G ~~~ /~ ~ 1 , 20 d ~ ,
Address 10/1 ine Alameaa, Ste. ~UU City San Jose Zip 95126 Phone408-296-5515
(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:
Inspection Services for X Stevens Canyon Rd. 'nlidening Project
EXHIBITS: The following attached exhibits hereby are made part of This Agreement:
Proposal -Exhibit "A"
TERMS: The services and/or materials furnished under this Agreement shall commence on Feb. 1, 2002
and shall be completed before Aug . 1, 2002 .
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to exceed X5,000.00
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, including all costs of defending any claim, caused by or arisir~g 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 undersigrn~d. 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 Carmen L
DEPARTMENT Public Works Degt
This Agreement shall become effective upon its execution by C 1TY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACT
By
Title ~ l
E J.tJ ~
APPROVALS
CITY OF CUPERTINO:
By
Ti1:le Public Works o ' ect an er
E)(PENDITIIRF r)IRTRIRI ITIf11U
D ARTMENT HEAD A .~
6~ ACCOUNT NUMBER AMOUNT
CITY CL K ATE
`a a-' g~_9430-9 00
0~
$5,000.00
270
vvnite: amity VierK Q Ureen: Finance Yellow: Contractor `~D Pinki Rec ing Gold: Department
BIGGS CARDOSA
ASSOCIATES INC
STRUCTURAL ENGINEERS
1 B7'I The Alameda, Suite 200
San .Jose, CA J5'126-'1752
Telephone 408-2J8-55'15
Facsimile 408-286-8114
Department of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attention: Carmen Lynaugh
June 14, 2001
2000198.5
Subject: Stevens Canyon Road Widening -Retaining Wall Inspection Services
Dear Ms. Lynaugh:
Biggs Cardosa Associates, Inc. is pleased to submit the following proposal to provide inspection
services on the subject project. The following is ~i proposed scope of inspection services:
oncrete
• Provide continuous inspection during the placement of all retaining wall concrete.
• Test slump.
• Test concrete temperature.
• Prepare compression test specimens.
• Test compression specimens.
Reinforcing Steel
• Verify that mill certificates show reinforcing steel to be in compliance with project
specifications.
• Provide periodic inspection of the placement of all reinforcing steel for structural
concrete.
am les
• Pickup and delivery of all samples to testing facility.
Reports
• Preparation of all appropriate reports.
EXHIBfTA
City of Cupertino
June 14, 2001
Page 2
Inspection service fees are based on assumptions :made with regards to number of concrete pours,
w~~rk hours not requiring overtime, and other iterr~s and circumstances that are not controlled by
the inspection agency. Therefore our fee proposal represents our best estimate of the costs
involved and the final costs maybe above or below those estimated.
Tlie inspection services quoted above will be provided on a per diem basis to an estimated total
of $5000.00. A fee schedule has been provided. Please sign below and return to our office to
authorize work to begin on this project.
Client agrees to limit the liability of the consultant, its principals and employees, to client and to
all contractors and subcontractors on the project, for any claim or action arising in tort or
contract, to the sum of $50,000 or consultant's fee, whichever is greater. However, if
consultant's fee exceeds $250,000, liability to client and to all contractors and subcontractors
shall not exceed $250,000.
Should you have any questions, please give me a ~~all.
Sincerely,
BIGGS CARDOSA
ASSOCIATES,
G
D~iniel B. Devlin
Associate
AGREED TO BY:
C.
DATE:
City of Cupertino
cc: Stephen Biggs, Biggs Cardosa Associates, Inc.
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