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00-012 United Soil EngineeringAGREE=MENT PUBLIC WORKS ~ CITY OF CUPERTINO I City of ~ g ~ 10300 Torre Avenue , ~ C1T el't1110 Cupertino, CA 95014 6C p 408-777-3200 NO. ~~~~ V /~~ BY THIS AGREEME entered into on the _ 7th day of February X~B 2000 by and between the CI CUPERTINO (Hereinafter referred to as CITY) and Name (1) LTNITED SOIL. ENGTNEERTN~ , TN(' _ (2) Address _476 EDWARD AVENIIE City ~A11TA CT~ARA Zip 95nsr~ Phone T4nRTg$R-?490 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following spe~:ified services and/or materials: TESTING AND INSPECTING SERVICES FOR THE SENIOR CENTER EXHIBITS: The following attached exhibits hereby are m~rde part of this Agreement: EXHIBIT "A" PROPOSAL TERMS: The services and/or materials furnished under this Agreement shall commence on FEBRUARY 1, 2000 and shall be completed before DECEMBER 31, 2000 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $4,500.00 (ACTUAL COST BA;>ED ON HOURLY RATES) 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 of every nature, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for Picts 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. Nodiscrimination shall be made in tie 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 relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed to bean 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 ~~ne 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 trans~~erred 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 Cll-Y shall be: NAME ~ARMEDd LyNATTG.H DEPARTMENT P~J~I~ rinv~~~~,r~ 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. CONTRACTOR: CITY OF CUPERTINO: /1 Title V~~= ~~- ~- J°/T~ ~~ s 'T Title P BL Soc. Sec. # APPROVALS~~ ~ EXPENDITURE DISTRIBUTION DEPARTMENT DAT ACCOUNT NUMBER AMOUNT Z 9 Z~J$ 424-9210-930 $4, 500.00 CIT ERK, AT /ao~ ~ ~ 0' U C_:ITY Cl_~RK COPY 01/26/2000 14:51 4089801336 UNITED SOIL ENG ' ~~ lilt UN17ED SOIL ENGINEERINta, INC. ~ GeoTechnical and Environmental Consultants File No. 097-52(P) January 2f, 2000 City of Cupertino Public Works Department 10300 Torre Avenue Cupertino, CA 951 12 Attention: Ms. Carmen Lynaugh Subject: Proposed Cupertino Senior CiCizen Center Z1 Z51 Stevens Creek Boulevard Cupertino, California PROPOSAL TO PERFORM TESTING AND INSPECTION SERVI(:ES DURING THE CONSTRUCTION OF THE PROJECT Dear Ms. Lynaugh: PAGE 02 EXHIBIT A We are pleased to present herein orar proposal to perform testing and inspection services during the construction of the proposed Cupertino Senior %itizen Center. The subject site is located at 21251 Stevens Creeks Boulevard in Cupertino, California. Testing and inspection services durin±~ the construction phase of above- mentioned site will ensure the earth works performed by the contractors are in conformance to the specifications. The testing and inspection services provided by our firm can be consiclered as quality control during the construction phase of the project. Based on our review of the existing plans for the proposed development, the estimated cyst of the above mentioned services will nat exceed $4,500.00 without your prior approval., The cost, will be based on a $65.00 per hour charge far our field engineer at the site and $80.00 per hour far senior review (reviewing the inspection Letters %z hr. per letter) during the construction phase. 3478 Edvrard Avenue • Santa Clara, California 95054 • (408} 988-299D • l=ax (408} 98~-1336 01!26/2000 14:51 4089801336 UNITED SOIL ENG PAGE 03 f=ile No. 097-52(P) ~~T~ United Soil Engineering, Int.'s testing arkd inspection services will include the following: 1. Attend apre-construction mf:eting 2. Foundation and grading-plans review 3. Perform all field moisture and density tests and observation services during the construction of; a) Building pad b) Foundation trench excavation inspection d) Excavation and backfilling of old foundation structures and old 'utility trenches, if any e) Retaining wall foundation and backffll inspection, if any f) Underground utility trench backfill g) Driveway and parking ,areas 5. Performing laboratory compaction tests (ASTM D1 557-91) 6. Engineers office tune for consultation, calculation, and preparation of necessary rep~~rts 7. Necessary equipment and nuclear gauge 8. Preparation of a corn}~letion ~~eport for occupancy permit 2 United Soil Engineering, Inc. 011'26/2000 14:51 4089801336 UNITED SOIL ENG PAGE 04 File No. 097-52{P) ~~~~ We thank you for the opportunity to serve you. If you have any questions or require additions! information, please f~~el free to contact our office at your convenience. Very truly yours, UNITED SOIL ENGINEERING, INC: Sean Deivert Project Manager Vien Vo, P.E. This proposal is valid for 60 days from the date of issuance. ff this proposal is acceptable to you, please sign and return one copy to our office. Ms. Carmen Linaugh Copies: 2 to City of Cupertino Public WorEcs Deparfiner~t 3 uate United Soil Engir~teering, Inc.