88-062 Creegan & D'Angelo, Plans and Specifications Construction of Linda Vista Park Storm DrainAGREEMENT
CITY OF CUPERTINO
P.O. Box 580
Cupertino, CA 95015
252-4505 P.O. NO. 20132 ·-"""-'~"-----
BY THIS AGREEMENT made and entered into on the 5th day of October 19 88
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and -----
Name (1) Creegan & D 'Angelo {2)
Address P. a. Box 2 6 2 2 a City San J o:':'s:::'e::--------:Z:;:i:-p-9°5;:1~2~9ri-~Ph:-o-n_e_4,.,u~8,,.._...,g.,.,g ...... 8-12 3 4
(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:
PLANS AND SPECIFICATIONS
CONST:rncTION OF LINDA VISTA PARK STORM DRAIN
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
EXHIBIT A: City Request for Proposal
EXHIBIT B: Creegan & D'Angelo Proposal for Engineering Services
TERMS The services and/or materials furnished under this Agreement shall commence on October 5, 1988
and shall be completed before November 3, 1988. Liquidated damages will be assessed in the
amodun1t of $150.00.f9r e~ch calendar.day delay beyond the completion date for design an p an and spec1f1cat1on preparation only, not construction staking
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: •
Phase I: Topo and Preliminary ~esign -$4,300.00; Phase II: Design, Plans & Specifica-
GENERAL TERMS AND CONDITIONS t10ns -$9,500.00; Construction Staking -$1,800.00
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,
agents and employees from any nn<l all damage and liability of every nature, including
all coses of defending any claiw, caused by or arising out of the negligent acts,
errors or omissions of the Contractor in the performance of this Agreement. City
shall not be liable for acts of Contractor in performing services described herein.
lnsuranci:. 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 relation 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 '>hall 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:
MAME Travice Whitten DEPARTMENT Public Works __ _;:;.;:..:;:.:..;.::;.;::~~.::;..:::.~-------------------~....;;.;;_.;.;..;..~;;;.._------
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.
APPROVALS
Date
~'/7
copies also sent to NOLTE & ASSOC.; RUTH & GOING, INC.
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
PUBLIC WORKS DEPARTMENT
Citlf of Cup~rtitto
Creegan & D'Angelo Engineers
1046 W. Taylor Street
San Jose, CA 95124
P.O. Box 580
Cupertino, California 95015
September 19 , 1988
Re: Request for Proposal for Storm Drain Improvements at Linda Vista Park
The Public Works Department requires an Engineering proposal for the following:
1. Design a trash rack and silt catcher for an existing 36" LMP storm drain
inlet that is ?pproximately 10' below the existing grade.
2. Design the following items at the 36" LMP storm drain outlet:
a. Energy dissipator
b. Channel to Stevens Creek
3. Provide plans, bid documents and Special Provisions to the City Standard
Specifications for items 1 and 2.
4. Provide construction staking.
The City will provide the following:
1. All information available in City records.
2. General Provisions for Specifications.
3. The City will administer the bidding process.
The storm drain is located in Linda Vista Park. The Park is located off
Linda Vista Drive.
The schedule for the project is as follows:
1. Proposal due to City by 2:00 PM on September 30, 1988.
2. Engineer complete work by November 1, 1988.
-,.
September 16, 1988
Page 2
If the Engineering Consultant has not completed their work on or before
November · 1, 1988, then liquidated damages will be assessed in the amount
of $150.00 for each calendar day this project is delayed beyond the
completion date.
Include in the proposal a fee schedule. This would be used for work not
included in the original scope of work. In accordance with Section 1771
of the Labor Code, engineering firms must comply with prevailing wage rates.
Please contact Carmen Lynaugh, Public Works Department, at (408)252-4645
for any additional information.
CL:bc
Very truly yours,
CITY OF CUPERTINO
Bert J. Viskovich
Director of Public Works
Travice Whitten
Assistant City Engineer
t:'f.:::.-T ·-:. 3 -8 8 M 0 N 1 6 : 4 7
October 3, 1988
Mr. Bert J. Viskovfch
Director of Publla Works
Cl ty of Cupertl no
10300 Torre A venue
Cupertino, CA 95014
Attn: Carmen Lynaugh
RE: RFP Storm Drain Improvements
Linda Vista Park
Dear Mr. Viskovlch:
P.02
Engineers· Planner$• S1,1MyOt$ 1046 ~st Tllytor Str~et
S{/n Jose. CA 95126
408 998 1;;34
M1Jillt11J Addrast:
P.O. Box 2($220
San Jose, CA 95159
Officqs L OC/1ff!d in
Son Joss, CA
P/(J.l,~M(Ofl. CA
foirfi<:id, CA 18 8 0 5 tttonrerey. CA
Creeg~n + D1Angelo is pleased to respond to your September 19, 1998 request
for proposals. We are aware of your schedule and glven a. Notice to Proaeed
on October 31 1988 will have the Plans, Bid Documents amt Special Provisions
completed by October 31, 1986. ···
The existing inlet structul'e will be fitted with a new trash rack and silt basin.
It may be more economical to extend the existing riser tha.n to lower the Inlet
structure. We wtll evaluate both options. The existing si;tck riprap can remain
or cttn be replaced in part ol' entirely. We will need to provl(Je access to the
silt collectlon ft'l,clUty to allow for collection of the accumulated sllt and other
maintenance. An acaess road to the silt basin is not part of this propos{ll,
An energy dissipation will be designed for the outlet of the eX.istlng pfpe. The
bars will be removed from the outfa.11 and a childproof structure ln$t(l.llecj which·
will release the water to the channel which flows to Stevens Creek. Improvements
to the exlstlng channel will be detailed as necessary. It is proposed that the
channel contJn.ue to flow over the existing path as it presently does. We will
lnvestlga.te the need for improvements beyond the park bounc;latty fences and
Include these in out' design as required.
Our fee for this work is broken down as follows:
A. Phase 1 -Topography & Preliminary Engineering
B. Phase 2 ~ Plans and Spe<:!lfications
c, Phase 3 -Construction Staking
$4,300
$9,500
$1,800
A local (assumed) Bench Mark will be established fol" ea.ch area of work and used
for topography and construction staking. Any construation obsel'vatlon and
Inspection, property line resolution or work not specifically listed above wIU be
provided as extra work per the enclosed Fee Schedule.
CT-3-ea MON 16:48
Mr. Bert Yiskovlch
Page 2
October 3, 1988
P.03
Thank you for requesting this proposal. Please call if we oon provide any
additional information that will expedite your review of this proposal.
MAK;GCH:lmr
Enclosure