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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. 3cr_