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10-019 Nordic Engineering, Engineering services in connection with Monta Vista Storm Drain ProjectUPERTINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408 777 3354 . . I~( A. BY THIS AGREEMENT, made and entered into this __ day of f"\P&LL.. , 2010, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Nordic Engineering, 21801 Stevens Creek Boulevard, Cupertino, CA 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: Engineering services in connection with Monta Vista Storm Drain Project EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Attached proposal of 3.22.10 TERMS: The services and/or materials furnished under this Agreement shall commence on AflJ.L..1 1 42..olO and shall be completed before t>ecer~o~u.31, 2off. 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. EXPENDITURE DISTRIBUTION . 215-9620-9300 $50,000.00 Nordic Engineering Civil Engineering • Land Surveying ~ ~ ENGINEERING ~tt1"' 21801 Stevens Creek Blvd. Suite 8 Cupertino, CA 95014 (408) 257-6452 nordicengineers@yahoo.com Mr. Glenn Goephert Department of Public Works, City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 March 22, 2010 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 estimate with a breakdown of bid items ($1,400). 5. Services to prepare construction assistance by reviewing submittals and answering RFls ($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 return 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. Accepted: Sincerely, Bruce R. Drake, L8527 (exp.12-31-10) President, Nordic Engineering , Inc. Date ASSOCIATE ENGINEER: PRINCIPAL ENGINEER: NORDIC ENGINEERING FEE SCHEDULE TWO PERSON FIELD CREW: $135.00 PER HOUR $250.00 PER HOUR $260.00 PER HOUR COURT OR DEPOSITION APPEARANCES* $290.00 PER HOUR MINIMUM CHARGE OF $600 FOR COURT OR DEPOSITION APPEARANCES