02-030 Nelsen Engineering (4 agreements)~~
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AGREEMENT
CITY OF CIIPERTINO
10300 Torre Avenue
Cupertino, ~~A 95014
(408) 777-3200
~~~
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NO o
BY THIS AGREEMENT, made and entered into on the 12 day of April 20 02
by and between the CITY OF CUPERTINO (Hereinafter referred to a.s CITY) and
Name (1) IQelsen Engineering _ (2)
Address 21801 Stevens Creek Blvd. City Cupertino Zip 95014 Phone 408-257-6452
(Hereinafter referred as CONTRACTOR), in consideration of their mratual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Additional Topographic and Utility Locate and Map for the Civic Center and Library Site
EXHIBITS: The following attached exhibits hereby are made part of i:his Agreement:
See attached "EXHIBIT A"
TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on April 15, 2002
and shall be completed before April 26, 2002
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed $10,810.00
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 arising out of the performance of this Agreement. City shall not
be liable for acts of Contractor in performing services described herein. due to negligence, errors and ommissions.
Insurance: Should the City require evidence of insurability, Contract~~r 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
Terry Greene DEPARTMENT Public Works
This Agreement shall become effective upon its execution by I:,ITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF CUPERTINO:
By Ety ''
T I ~ 7 Titl nior Architect
Soc. Sec. # ~
APPROVALS ~
EXPENDITURE DISTRIBUTION
P E EA TE/ 1 ACCOUNT NUMBER AMOUNT
' 1
CITY C RK • DATE
_/ 5-0 a--
423-9222-9300
$10,810.00
White: City Clerk /rv Green: Finance Yellow: Contractor i ~v~? ving Gold: Department
04f l l f 2002 16:25
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CIVIt_ ENGINEERING
SUR~/EYING
CONSTRUCTION
2 ~ 80'I
8TEVENB CREEK BLVO.
6UITE 7
CIJPEfaTINO. CA 960'14
(4081 287-6462
406-257-6621
Mr. Terry Greene
Department of Public Works, City Of Cupertino
10300 Torre Ave.,
Cupertino, CA 95014
yELSEN ENGINEERING
EXHIBIT R
Subject: Cupertino Clvlc Center and Library, Cupertino, CA (Nelsen Engr. X247).
Dear Mr. C3reene:
PAGE 01
April 11, 2002
Nelsen Engineering is pleased to submit the foltorving proposal for the subject project. Our serv-
ices wilt be rendered according to the following sa~pe of work:
1. Services to provide additional topographic information per the marked print received from
SMWM on April 8, 2002 (35,950).
2. Services to locate and map the site utilities {$4,860).
The total fee for the above scope of work will bl3 $10,810; final payment will be due when the
work is complete. Not included in the scope of wclrk are provisions for paying city, county nor any
other agency fees. Weather permitting, items 1 a:lnd 2 can be completed within 10 working days
after receiving your authorization to proceed.
I sincerely appreciate the opportunity to prepare this proposal; it will be valid for 30 days. To arr
knowledge the scope and terms discussed above pisses sign one copy of this I®tter and return it
to me.
Si rely,
Marius .Nelsen
President, M. E. Nelsen
Engineering and Construction, Inc.
RCE 20597 (Expires Sept. 30, 2005)
Approved:
Date
Exhibit B
Indemnification
CONSULTANT agrees to indemnify, defend and hold the CITY and CITY'S
CONSULTANT'S, including their owners, employees, agents, and
representatives, harmless from and against any and all claims, suits, demands,
losses and expenses, including reasonable attorneys' fees, accruing or resulting
or arising out of the actual or alleged negligent performance or non-performance
of the CONSULTANT'S obligations under this AGREEMENT or otherwise arising
out of the CONSULTANT'S actual or alleged errors or omissions".
AGREEMENT NO~~~ ~
- ~~~ s CITY OF CUPERTINO ~
~ f~j 10300 Torre Avenue
CITY t)F i /j /'r~ Cupertino, c~A 95014
C E~ P E ~,T I~~ y (408) 777-3200
BY THIS AGREEMENT, made and entered into on the ~~ day of / ~ , 20~,
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) M. E. Nelsen Engineering & Construction (2)
Address 21801 Stevens Creek Blvd. City CupeY'tino, CA Zip 95014 Phone (408) 257-6452
(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: Design & Construction Engineering
Services for the Orange & Byrne Avenues Storm Drainage & Roadside Improvements-See Attachment
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Nelsen Letter of July 12, 2002, containing Scope of Work for Oran~~~U&TB~rne~0A0y2enues
TERMS: The services and/or materials furnished under this Agreement shall commence on S
and shall be completed before AUGUST 1, 2003
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $32, 700.00
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 Ci:y, its officers, agents and employees from any and all damage and
liability including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be lia a for acts of Contractor in performing services described herein.
due to negligence, errors and omissions
Insurance: Should the City require evidence of insurability, Contract~~r 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 sf•lall be:
NAME Glenn Goepfert DEPARTMENT Public Works
This Agreement shall become effective upon its execution by ~;,ITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF UPERTINO: ~- ~'~'~z
I
y ,
gy E3y -,~.-1-~ ',
T le - ~- J i1~C'r~ l"itle Assistant Director f Public Works
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APPROVALS
EXPENDITURE DISTRIBUTION
DEP ~i ~~J~ /' ~~CCOUNT NUMBER AMOUNT
L / L
CITY C ERK ~ DATE
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CIVIL ENGINEERING
SURVEYING
CONSTRUCTION
21801
STEVENS CREEK BLVD.
SUITE 7 ~' •~"~ ~~~ORKS
CUPERTINO. CA 95014
[408] 257-6452 ffjj
,1 ~~ e. ~ aj ~11~13
Mr. Ralph Qualls, Jr.
Director of Public Works
Department of Public Works, City Of Cupertino
10300 Torre Ave.,
Cupertino, CA 95014
July 12, 2002
Subject: Drainage and Street Improvements on Orange and Byme Avenues, Cupertino, CA
(Nelsen Engr. #476).
Dear Mr. Qualls:
Nelsen Engineering is pleased to submit the following proposal for the subject project. Our serv-
ices will be rendered according to the followings scope of work:
1. Field and office services to prepare) plans for storm drainage improvements on both
streets ($15,900).
2. Office services to prepare plans for curb, gutter and sidewalk improvements on both
streets ($8,900).
3. Field and office services to provide one set of construction stakes for the storm drainage
improvements on both streets and to provide construction observation ($7,900).
The total fee for the above scope of work will be $32,700. Statements will be prepared as each
item is completed and payment will be due within 15 days of the invoice date; final payment will
be due when the work is complete. Not included in the scope of work are provisions for paying
city, county nor any other agency fees. Items 1 and 2 can be completed within 30 working days
after receiving your authorization to proceed. Surveying services for construction staking can be
provided upon receiving three working days notice. "
sincerely' appreciate the opportunity to prepare this ~.ropcsa;; it v.;l! be valid for 30 days. Tc ac-
knowledge the scope and terms discussed above please sign one copy of this letter and return it
to me.
Approved:
Sincerely,
Marius E. Nelsen
President, M. E. Nelsen
Engineering and Construction, Inc.
RCE 20597 (Expires Sept. 30, 2005)
'Z3 ,~2
Date
'' AGREEMENT -~3~° Nol'-~~~~
~ 0~
.e''' CITY OF CIJPERTINO
_~~ ~ 10300 Torre Avenue
CITY p~ ~ Cupertino, CA 95014
C E~ P E ~T I N "~ (408) 777-3200
BY THIS AGREEMENT, rt~ie and entered into on the 24th day of September , 20 02 ,
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) NELSEN ENGINEERING _ (2)
Address 21801 Stevens Creek Blvd. City Cut>ertino, CA Zip 95014 Phone (408 257-6452
(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: Spot elevations on Torre Avenue
and additional spot elevations throughout: .the site as needed
EXHIBITS: The following attached exhibits hereby are made part of ihls Agreement:
TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on 9/4/02
and shall be completed before 12/31/02
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $5, 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 arising out of the performance of this Agreement. City shall not
be liat~ for acts of Contractor in performing services described herein.
due to negligence, errors and omission:;
Insurance: Should the City require evidence o~ insurability, Contract~~r 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 sl-~all be:
NAME
Terry Greene 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.
CONTRACTOR:
By A
Title ~" 5 ~
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APPROVALS I
CITY OF CUPERTINO:
E3y ,'~~iGCF~t~-r
l-itle Senior Architect
EXPENDITURE DISTRIBUTION
r~
D E EA ~' ACCOUNT NUMBER AMOUNT
`~~
7 lJ
CITY Cr~HK ATE
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White: City Clerk Green: Finance Yellow: Contractor ~ bink: r Receiving Gold: Department
~~~ J
CITY OF
CUPER,~TINO
,k~
AGREEMENT
CITY OF Ct1PERTINO
10300 Torre Avenue
Cupertino, IAA 95014
(408) 777-3200
( `F~
c~ ~~
NO ~~
BY THIS AGREEMENT, made and entered into on the 14th day of April , 20 Qom,
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Nelsen Engineering _ (2)
Address 21801 Stevens Creek Blvd. City Cupertino, CA Zip 95014 Phone (408) 257-6452
(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:
Drainage study for Elm Court
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal letter dated 4/9/03
TERMS: The services and/or materials furnished under this Agreement shall commence on April 14, 2003
and shall be completed before May 31, 2003
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $2900.00
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 Ci~:y, its officers, agents and employees from any and all damage and
liability including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liab for acts of Contractor in performing services described herein.
due to negligence, errors and omissions
Insurance: hould the City require evidence of insurability, Contract~~r 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
This Agreement shall become effective upon its execution by f:,ITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
gam' ~~2~L+~T /
Title r ~St ~;
APPROVALS ~
C:IT UPERTI
EI
Title A
EXPENDITURE DISTRIBUTION
DE~' T HE ~ DAT i ACCOUNT NUMBER AMOUNT
~ ~
CITY ERK DAT
z~~3
~ .
White: City Clerk ~ v Green: Finance Yellow: Contractor / y / ink: Receiving Gold: Department
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nEnc~n~~~~nc
CIVIL ENGINEERING
SURVEYING
CONSTRUCTION
21 B01
STEVENS CREEK BLVD.
SUITE 7
CUPERTINO, CA 95014
(40B] 257-6452
Mr. Glenn Goepfert
Department of Public Works, City Of Cupertino
10300 Torre Ave.,
Cupertino, CA 95014
PUBLIC WORKS
C~~~~ ~ N ,4~b~F8 ?,
Subject: Drainage study for the Elm Court area,Cupertino, CA (Nelsen Engr. #665).
Dear Mr. Goepfert:
April 9, 2003
Nelsen Engineering is pleased to submit the following proposal for the subject project. Our services
will be rendered according to the following scope of work:
1. Services to evaluate various solutions for flooding at the East end of Elm Court.
The fee for the above scope of work will be $2,900; final payment will be due when the work is com-
plete. Not included in the scope of work are provisions for paying city, county nor any other agency
fees. Item 1 can be completed within 15 working days after receiving your authorization to proceed.
I sincerely appreciate the opportunity to prepare This proposal; it will be valid for 30 days. To ac-
knowledge the scope and terms discussed above please sign one copy of this letter and return it to
me.
~~~
Approved:
Sincerely,
~~~~~
Marius E. Nelsen
President, M. E. Nelsen
Engineering and Construction, Inc.
t RCE 20597 (Expires Sept. 30, 2005)
9~ I ~ ® 3
Date