10-001 Nordic Engineering, Monta Vista Storm Drain Project ( _".0
AGREEMENT
5,.. =t CITY OF CUPERTINO
LJPERTINO 10300 Torre Avenue
4 4'7 4 CuPerthlO, CA 95014 -r6
408 777 3354 NO.
ceo
BY THIS AGREEMENT, made and entered into this 1 Sf day of Apia. , 2010, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Nordic Engineering,
(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:
Engineering services in connection with Monta Vista Storm Drain Project
EXHIBITS: The following attached exhibits hereby are made pert of this Agreement:
Attached proposal of 3.22.10
TERMS: The services and /or materials furnished under this Agreement shall commence on r&7 tL 1 , sow
and shall be completed before 'ecE sE123I
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
An amount not to exceed $50,000, unless modified by written change order
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 due to negligence, errors and omissions, 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 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: ENTERED
NAME: Glenn Goepfert, Assistant Director DEPARTMENT: Public Works Department
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 EXPENDITURE DISTRIBUTION
DATE I _ACCOUNT NUMBER AMOUNT D RT NTH / ,�� , ` 215-9620-9300 $5
( �� DAT
CITY C ERK ' .../ D `L�h !��
. ..d..414 .0.101.6
RECEIVED
PUBLIC WORKS DEPARTMENT
MAR 2 5 2010
Nordic Engineering
M Civil Engineering • L.and Surveying
21801 Stevens Creek Blvd. Suite 8
NORDIC ( Cupertino, CA 95014
(408) 257 -6452
ENGINEERING
-„- nordicengineers@yahoo.com
Mr. Glenn Goephert March 22, 2010
Department of Public Works, City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
Subject: Drainage and Street Improvements on Orange and Byrne Avenues,
Cupertino, CA
Dear Mr. Goephert
Nordic 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 attend two neighborhood meetings and to prepare exhibits
($2,800).
2. Services to provide one set of construction stakes for storm drainage
and curb and gutter improvements on both streets ($7,900).
3. Services to coordinate with utility companies by providing construction
stakes for infrastructure relocation ($29,300).
4. Services to prepare a cost estirnate with a breakdown of bid items
($1,400).
5. Services to prepare construction assistance by reviewing submittals
and answering RFIs ($4,200)
6. Services to prepare construction :specifications ($4,200).
The fee for the above scope of work will be $49,800. Charges for any work that
may be required beyond the above scope of work will be computed on a time
and materials basis according to the attached fee schedule. Statements will be
prepared on a monthly basis as the project progresses; payment will be due
within 15 days of the invoice date. Final payment will be due when the work is
completed. Not included in the scope of work are provisions for preparing
structural drawings and paying city, county nor any other agency fees.
I sincerely appreciate the opportunity to prepare this proposal; it will be valid for
30 days. To acknowledge the scope and terms discussed above please sign
one copy of this letter and retum it to me. Upon acceptance of this proposal
you may only terminate it by notifying Nordic Engineering in writing.
In the event of termination after the signing of this contract, you agree to pay for
the portion of services already rendered and /or the costs incurred by Nordic
Engineering up to the date of termination.
Sincerely,
Bruce R. Drake, L8527 (exp.12- 31 -10)
President, Nordic Engineering , Inc.
Accepted: Date
NORDIC ENGINEERING
FEE SCHEDULE
ASSOCIATE ENGINEER: $135.00 PER HOUR
PRINCIPAL ENGINEER: $250.00 PER HOUR
TWO PERSON FIELD CREW: $260.00 PER HOUR
COURT OR DEPOSITION APPEARANCES* $290.00 PER HOUR
MINIMUM CHARGE OF $600 FOR COURT OR DEPOSITION APPEARANCES
\ft/ OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
I 9s s TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertino.c rg
CUPERTINO
April 8, 2010
Nordic Engineering
21801 Stevens Creek Boulevard
Cupertino, CA 95014
To Whom It May Concern:
Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the Public Works
department at (408) 777 -3354.
Sincerely,
CITY CLERK'S OFFICE
Enclosure
cc: Public Works