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83-036 George S. Nolte and Associates., Elm Court Flooding Mitigation 'GEORGE S:NOLTE & ASSOCIATES (ATTACHNT)rSJS*i AN JOSE1983 $/ p. o . SEP 9City of Cupertino 2 �9 AGREEMENT NO. /9 / BY THIS AGREEMENT made and entered into on the 21st day of September 19 RI by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) George S. Nolte and Associates (2) Address P.O. 'Box 820 City San .Tose, CA Zip 95117 Phone (4(1R) 787-3400 (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: Mitigation of flooding problem at ELM COURT As outlined in Exhibit "A'-' and Exhibit "B" DELIVERY: EXHIBITS:The following attached exhibits hereby are made part of this Agreement: Exhibit "A" and Exhibit "B" TERMS The services and/or materials furnished under this Agreement shall commence on and shall be completed before COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS AtkatfakbyoUtUaNnrOVOLWXZOOirniCtitifttnosiostraet '.:u e J /)••- • .• A9 A.'\! E U<41° id 2r no:.:.. a- i.: ep- 7.o E)o .• 'v J 4'1 O, lX 4 FraullogliSsmaxoutinnxissetaitioLtifeiga 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 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 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. HOLD HARMLESS. See Exhibit "B". CONTRACT CO.ORDINATOR and representative for CITY shall be: Name Travice Whitten Department Public Works Address 10300 Torre Avenue Cupertino,CA 95014 Telephone (40R) 752-4505 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. • CONTRACTO : CITY OF CUPERTINO: By + 'J BY Title UtiC9 '+Fid`' ' q Title APPROV' S ep' nt4. -,r 7421 Cit - `.eo Da> G� /3 • • UM GEORGE SNO LTE AND ASSOCIATES SAN JOSE OVIL AND ENGINEERSENVIRONMENTAL �PLANNERS i SURVEYORS August 17, 1983 IIT A 3020-83-91 Mr. Travice Whitten • Assistant City Engineer City of Cupertino 10300 Torre Avenue Cupertino, CA 95104 Dear Mr: Whitten: George S. Nolte and Associates is pleased to submit this proposal for engi- neering services for the flooding problems on Elm Court. We are committed to providing the manpower and support services necessary to complete the project in a timely and professional manner. We have written a scope of work for a preliminary design study to identify the scope of the problem and recommend a solution. We have also included consideration of a temporary solution. We believe that the preliminary design study should provide sufficient detail for the City to proceed with the final design and preparation of plans and specifications. We propose to do the tasks detailed in the scope of work on a time and mate- rials basis, not to exceed $9,600, in accordance with our attached Hourly Charge Rate-,Schedule. This assumes that we will not require our field crews to collect additional field elevations. We would submit the draft report to you 30 days after the Notice to Proceed. Our project manager will be Mr. Kirk Wheeler, who has had extensive experi- ence in drainage and flood control projects. If you have any questions concerning this proposal or the scope of work, please contact Mr. Wheeler. Very truly yours, GEORGE S. NOLTE AND ASSOCIATES dohn . Richardso Water Resources ivision Manager PL1:b15 1731NorlhFirs(S1. PO Box820 SanJose.CA95112 408/287-3400 Sacramenlo San Diego San Jose Walnul Creek SCOPE OF WORK 1. Obtain background data. 2. Review existing hydrology. 3. Develop sub-basin hydrographs. . . 4. Evaluate existing flooding from system. • 5. Discuss temporary solution with SCVWD. 6. Investigate possible upstream divisions. 7. Develop alternative solutions. a. Releases under SPRR. b. Offline storage at Highway 85 right-of-way. c. Pumping to Regnert Creek. 8. Select recommended plan. 9. Write Report PL1:b16 ( ••GEORGE S NOLTE ANq ASSOCIA;ES � ' ■' war r r nv n % . ' GEORGE S. NOLTE AND ASSOCIATES Hourly Charge Rates Personnel Charges • Charges for personnel engaged in professional and/or technical work are • made for the actual hours directly chargeable to the project. Current rates by classification are listed below. • Office Services Technical Typing/Clerical 521.00/hour Administrative Technician 532.00/hour Draftsperson 534.00/hour Senior Draftsperson 542.00/hour Computer/Design Draftsperson 545.00/hour Junior Engineer/Junior Planner 536.00/hour Asst. Engineer/Asst. Planner 545.00/hour Assoc. Engineer/Assoc. Planner 551.00/hour Senior Engineer/Senior Planner $60.00/hour Structural Engineer 569.00/hour Engineering Manager/Planning Manager 569.00/hour Principal ' s time is chargeable at $84.00 per hour. Court appearance time as an expert witness is charged at a minimum of eight hours. Field Services Three-Person Field Party 5150.00/hour Two-Person Field Party 5106.00/hour Chief of Surveys $ 60.00/hour Construction Manager S 63.00/hour Resident Engineer S 54.00/hour Assistant Resident Engineer 5 47.00/hour Apprentice Surveyor $ 23.00/hour Materials and Services Mileage: $0.30/mile • HP Total Station: $25/hour Subcontractors, special equipment, reproductions and blueprinting, outside data processing and computer services, etc. , will be charged at 1.25 times cost. A late payment FINANCE CHARGE will be computed at the periodic rate of 1.38% per 4-week period which is an ANNUAL PERCENTAGE RATE of 18% and will be applied to any unpaid balance commencing 28 days after the date of the original invoice. These rates are subject to revision semi-annually. Effective 7/16/83 cl-b25 • ( GEORGE S NOLTE AND ASSOCIATES \ / EXHIBIT B HOLD HARMLESS Contractor, shall indemnify, save harmless and at Owner's request, defend owner, its employees , agents and representatives from and against all claims, demands , loss damages , liabilities, costs , expenses, including reasonable attorney fees , or obligations for or in connection with injury (including death) or damage to any person or property resulting from the negligent acts, errors or omissions of the Contractor in its performance hereunder.