90-045d - Blackberry Farm - Carlos Aubain - Environmental Assessment consultationsAGREEMENT
bap 4 0 q 00 CITY OF CUPERTINO
q� j
P.O. Box 580
'Qon
Cupertino, CA 95015 023804
252-4505 P.O. NO.
ACCOUNT NO. 165-9105-761
BY THIS AGREEMENT made and entered into on the 28TH day of JANUARY 19 91
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1)_ CARLOS AUBAIN (2)
Address 396 NO. FIRST STREET City SAN JOSE, CA Zip 95112 Phone 7-4555
(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:
BLACKBERRY FARM SOIL SAMPLING AND ASSESSMENT (3 DAYS)
1. 4 FIELD TECHNICIANS $65/HR. $ 6,240.00
2. 1 REGISTERED ENVIRONMENTAL ASSESSOR $95/HR. $ 2,280.00
3. 50% SURCHARGE FOR 3 DAY LAB. TURN AROUND $ 5,348.00
$13,868.00
TERMS The services and/or materials furnished under this Agreement shall commence on JANUARY 28, 1991
and shall be completed before FEBRUARY 8. 1991
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR:
THIRTEEN THOUSAND EIGHT HUNDRED SIXTY—EIGHT AND 00/100 DOLLARS ($13,868.00)
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 of every nature, including all costs of defending any claim, caused by or arising out of the per-
formance 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 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.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME BERT J. VISKOVICH
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.
CONTRA CITY OF CUPERTINO:
By By
Title PW �'�_�� Title
Soc. Seca/—'` '�_�
APPROV
Depaft t Dat Ci C /%Daete
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White - City Jlerk Copy Green - Finance Canary - Contractor's Copy Pink - Receiving Copy Goldenrod - Department Copy
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AGREEMENT
CITY OF CUPERTINO
P.O. Box 580
Cupertino, CA 95015
252-4505
?0 -oq E5
NO. u23925
ACCOUNT NO. 165-9105-761
BY THIS AGREEMENT made and entered into on the 26th day of February 19 91
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) CARLOS AUBAIN _ (2)
Address 396 NO. FIRST STREET City—SAN JOSE, CA Zip9511 Phone 408 297-4555
(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:
ENVIRONMENTAL CONSULTANT SERVICES RELATIVE TO BLACKBERRY FARM
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
LETTER DATED FEBRUARY 25, 1991, FROM CARLOS A. AUBAIN TO BERT VISKOVICH.
TERMS The services and/or materials furnished under this Agreement shall commence on February 26, 1991
and shall be completed before
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR:
THIRTY THOUSAND DOLLARS ($30,000) +
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 of every nature, including all costs of defending any claim, caused by or arising out of the per-
formance 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 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.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME BERT J. VISKOVICH
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.
CON RACTO .: CITY OF CUPERTINO:
Title Title
Soc.
Dpy
CARLOS AUBAIN
AT GRNLY Al LAW
395 N. FIRST STREET, 2ND FLOOR
SAN JOSE, CA 951 1 2
OFFICE (406) 297.4555
FAX(406)297.4501
February 25, 1991
Mr. Bert Viscovich,
CI'T'Y OF CUPERTINO
10300 Torre Ave.
Cupertino, CA 95014
RE: Black Berry Farm soil/groundwater assessment
Dear Mr. Viscovich:
PUBLIC WORK;
FEB 2 5 1991
Pursuant to our earlier conversation this letter serves to
memorialize the terms and conditions under which my office has
been retained in connection with the above mentioned project.
Any and all work performed to install three monitoring wells
at the Black Berry Farm, including but not limited to drilling
truck and equipment, geologists, surveyors and environmental
consulting personnel will be supplied at a total cost not to
exceed of twenty one thousand dollars ($21,000.00). All materials
needed for the project are included in said total cost.
Any and all analytical laboratory work, including but not
limited to soil and water tests for total oil and grease and
volatile organics contents (8240).will be provided at a cost not
to exceed five thousand dollars ($5,000.00).
Finally any labor or materials provided and not related to
the installation or testing of wells (i.e. environmental
consulting on behalf of the City) will be billed separately
pursuant to our terms and conditions disclosed in our proposal of
January 17, 1990.
Thank you for your attention to this matter.
sincerely,
Carlos.A. Au
CAA: Meg
BY THIS AGREEMENT made and entered into on the 27th day of March 1991
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) CARLOS AUBAIN (2)
Address 6 N0. FIRST STREET City SAN JOSE CA Zip 95112 Phone 97-4555
(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:
ENVIRONMENTAL CONSULTING SERVICES RELATIVE TO BLACKBERRY FARM
OVERSEE REMOVAL OF STORAGE TANKS ON TIME BASIS AT $95/HR.
NOT TO EXCEED $5,000.00.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
TERMS The services and/or materials furnished under this Agreement shall commence on MARCH 28, 1991
and shall be completed before
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR:
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 of every nature, including all costs of defending any claim, caused by or arising out of the per-
formance 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 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.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME BERT J. VISKOVICH
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.
CONT ACTOR: CITY OF CUPERTINO:
BY _..._ By
Title Title
Soc. Sec.#
APPROV
Uepar nt / C.,�r CitiDate
1 (. , / , l " , -7-2- yJI
White -City Clerk Copy � Green -Finance Canary - Contractor's Copy Pink - Receiving Copy
Goldenrod - Department Copy
AGREEMENT260
Al �
�� CITY OF CUPERTINO
P.O. Box 580
4Daod
Cupertino, CA 95015
024046
252-4505
NO.
ACCT.
NO.
BY THIS AGREEMENT made and entered into on the 27th day of March 1991
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) CARLOS AUBAIN (2)
Address 6 N0. FIRST STREET City SAN JOSE CA Zip 95112 Phone 97-4555
(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:
ENVIRONMENTAL CONSULTING SERVICES RELATIVE TO BLACKBERRY FARM
OVERSEE REMOVAL OF STORAGE TANKS ON TIME BASIS AT $95/HR.
NOT TO EXCEED $5,000.00.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
TERMS The services and/or materials furnished under this Agreement shall commence on MARCH 28, 1991
and shall be completed before
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR:
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 of every nature, including all costs of defending any claim, caused by or arising out of the per-
formance 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 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.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME BERT J. VISKOVICH
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.
CONT ACTOR: CITY OF CUPERTINO:
BY _..._ By
Title Title
Soc. Sec.#
APPROV
Uepar nt / C.,�r CitiDate
1 (. , / , l " , -7-2- yJI
White -City Clerk Copy � Green -Finance Canary - Contractor's Copy Pink - Receiving Copy
Goldenrod - Department Copy