01-099 Nelsen Engineering - storm drain project~' `~
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AGREEMENT
NO 1~
~ CITY OF CUPERTINO
10300 Terre Avenue
~ITy p~ ~ ~ Cupertino, CA 95014
C U P E T I N {~ ~ `~~ (408) '777-3200
BY THIS AGREEMENT, made and entered into on the 213th day of November ,
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Nelsen Enf;-~neering (2)
Address 21801 Stevens Creek Blvd. Ste. 7City Cu~>ertino Zip 95014 phone408-257-6452
(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: complete a Feasibility
for Storm Drain Installation Project in Moni:a Vista
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Attached proposal is Exhibit "A"
TERMS: The services and/or materials furnished under this Agreement shall commence on Dec. 3, 2001
and shall be completed before Feb. 1, 2002
Study
COMPENSATION: For the full performance of this Agreement, CI~tY shall pay CONTRACTOR:
Not to exceed $4,900.00
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.
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 subjf;ct 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 ~:ontracts 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 Lynaugh 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:
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APPRQVAL~ ~ /'J ~ _ _ / / __.~
CITY ~CUPERTINO:
Title Pu lic Works Pro ' e Mana r
EXPENDITURE DISTRIBUTION
N E D A ~ ~ /~* ACCOUNT NUMBER AMOUNT
(~
CIT ~C ERK D
/,~ / 215-9620-9300 $4
900
00
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20 O1 ,
White: City Clerk Green: Finance Yellow: Contractor Pink: Receiving Gold: Department
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CIVIL ENGINEERING
SURVEYING
CONSTRUCTION
2'180'1
STEVENS CREEK BLVD.
SUITE 7
CUPERTINO, CA 950'14
(40B] 257-6452
Ms Carmen Lynaugh
Department of Public Works, City Of Cupertino
10300 Torre Ave.,
Cupertino, CA 95014
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EXHIBIT A
November 22, 2001
Subject: Storm Drain Installation Project on Orange Avenue and Byrne Avenue (Nelsen Engr.
#247).
Dear Ms Lynaugh:
Nelsen Engineering is pleased to submit the Following proposal for the subject project. Our serv-
ices will be rendered according to the following scope of work:
Services to prepare a feasibility study for the installation of storm drainage improve-
ments on Byrne Ave. and Orange Ave. As a minimum, the study will address the 6
items presented in your Request for Proposal dated November 5, 2001
The fee for the above scope of work will be $4,900; 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. Item 1 can be completed withi~~ 20 working days after receiving your authorization
to proceed.
I sincerely appreciate the opportunity to prep~~re this proposal; it will be valid for 30 days. To ac-
knowledge the scope and terms discussed ai~ove please sign one copy of this letter and return it
to me.
Sincerely,
Marius E. Nelsen
President, M. E. Nelsen
Engineering and Construction, Inc.
RCE 20597 (Expires Sept. 30, 2005)
Approved:
Date