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00-073 Nelsen EngineeringAGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777 -3200 f NO. J.01 r-?0. BY THIS AGREEMENT, made and entered into on the 23rd day of MAY 2000 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) NELSEN ENGINEERING _ (2) Address 21801 STEVENS CREEK BLVD. , STE. G7ity CUPERTINO Zip 95014 Phone (408) 257 -6452 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall ' or furnish the following specified services and /or materials: PROFESSIONAL SERVICES FOR CHECKING OF PLANS FOR VARIOUS PROJECTS E ffl BV ?iTn1JpIl wing SALhede hFEE hSCHEDULEade part of this Agreement: TERMS: The services and /or materials furnished under this Agreement shall commence on MAY 23, 2000 and shall be completed before DECEMBER 30, 2000 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $40,000 — WORK WILL BE BILLED ON A TIME AND nkTERIALS BASIS 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 Cil:y, 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. due to negligence, errors and omissions 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 cor tracts 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- CITY CUPERTINO: By Title P LIC WORKS PRO#PT JIM4ER EXPENDITURE DISTRIBUTION DE P AD "030/00 ACCOUNT NUMBER AMOUNT CIT C DATE :3',)/&,` 11.0- 8101 -7014 � " $40, 000 White: City Clerk J Green: Finance Yellow: Contractor ink: ec iving' Gold: Department nEL.N�n 3 EncinEE:vinc CIVIL ENGINEERING SURVEYING CONSTRUCTION 21 B01 STEVENS CREEK BLVD. SUITE 7 CURERTINO, CA 95014 (408) 257 -6452 Mr. Hermie Bacus Department of Public works, City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 May 23, 2000 Subject: Professional services for checking plans of various projects in the City of Cupertino (Nelsen Engr. #437). Dear Mr. Bacus: 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: 1. Services to check plans for private grading and off site improvements. The fee for the above scope of work will be calculated on a time and materials basis according to the attached fee schedule. Nelsen Engineering will provide a not to exceed estimate for each project for an initial check and one recheck of the plans, calculations and the engineers estimate. Any additional review of the project will be considered as additional to the estimate. This fee will be predicated on a response time of 10 working days. I sincerely appreciate the opportunity to prepare this proposal; it will be valid for 30 days. To ac- knowledge the scope and terms discussed above please sign one copy of this letter and return it to me. Approved: Date incerely, Marius E. Nelsen President, M. E. Nelsen Engineering and Construction, Inc. RCE 20597 (Expires Sept. 30, 2001) nEL3Zcn l EncinEE:tinc CIVIL ENGINEERING SURVEYING CONSTRUCTION 21601 STEVENS CREEK BLVD. SUITE 7 CUPERTINO, CA 95014 (40B) 257 -6452 NELSEN ENGINEERING FEE SCHIEDULE ASSOCIATE ENGINEER: PRINCIPAL ENGINEER: TWO PERSON FIELD CREW: $95.00 PER HOUR $175.00 PER HOUR $195.00 PER HOUR COURT OR DEPOSITION APPEARANCES *: $250.00 PER HOUR *MINIMUM CHARGE OF $600 FOR COURT OR DEPOSITION APPEARANCES AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777 -3200 BY THIS AGREEMENT, made and entered into on the 23rd by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) NELSEN ENGINEERING (2) Address 21801 STEVENS CREEK BLVD. City CUPERTINO Zip 95014 Phone (408) (Hereinafter referred as CONTRACTOR), in considera�ttiion of their mutual covenants, the parties hereto agree as follows: 1! NGINEERINGhSERVICESrPERSATTACHED -EXHIBITsA ices and /or materials: EXHIBITS: The following attached exhibits hereby are made part of this Agreement: "EXHIBIT A" TERMS: The services and /or materials furnished under this Agreement shall commence on MAY 23, 2000 and shall be completed before JULY 31, 2000 - o, 1� FILE NO. 98,017.2 PROJECT NO. 98 -120 day of May 112000 , 257 -6452 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $41,720.00 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. due to negligence, errors and ommissions. 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 cortracts 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: CITY UPERTINO By A , ! ,04i EXPENDITURE DISTRIBUTION White: City Clerk ✓ Green: Finance Yellow: Contractor �, P fk: F4eceiving Gold: Department Ill NEW 01 I White: City Clerk ✓ Green: Finance Yellow: Contractor �, P fk: F4eceiving Gold: Department 1 CITY OF CUPEkTINO EXH1811-r A CITY HALL 10300 TORRE AVENUE CUPERTINO, CA 95014 PHONE (408) 777 -3354 FAX (408) 777 -3333 DEPARTMENT OF PUBLIC WORKS Re: Request for Proposal Street Widening Improvements - Stevens Canyon Road (West Side) Santa Lucia Road to Miramonte Road Project No.: 98 -120 (Phase II) Gentlemen: The Public Works Department requests Engineering proposals for the following: 1. Provide Field Surveys. Collect field information within the project limits. May 10, 2000 File No.: 98,017.20 A. Locate existing monuments. Locate existing street monuments and search for other monuments (iron pipes) that could help establish the existing street right -of -way. B. Establish right -of -way and easement lines. Based on the title reports, establish the right -of -way and existing easements within the right of way. C. Prepare 20 -scale design level topography. Field survey cross - sections of the existing street right -of- way and work area at 25 -foot intervals; 50 feet up intersecting driveways (on widened side); 100 feet up intersecting streets (on widened side). Generate topographic site plan for design purposes. Locate existing poles, fire hydrants, meter and utility boxes, driveways, trees (with drip lines), fences, and other above ground structures. We! will also locate appurtenances for subsurface utilities (manholes, catch basins, water valves, and vaults). D. Plot right -of -way on the topographic map. E. Obtain edge of pavement grades for conforming to existing private properties. Locate the existing earth, gravel, asphalt, and concrete driveways (at 10 -foot intervals from street to right -of -way line) to help determine the conform limits. F. Indicate location of record utilities within right -of -way. Contact the existing utility providers, obtain their record drawings, and plot the presumed location (combining record information with field survey information) for each utility. 2. Record of Survey. Based on our knowledge with the Stevens Canyon Road right of way on past projects, there is a high level of uncertainty with the record boundaries. Therefore, some of the parcels will need to be resolved the lot lines as well as the right of way line. The record of survey to show the resolution of the lot lines needed to fix the right of way and the monuments (at angle points) needed to establish a field record of the right of way. This map to be submitted to the County for review and comment. Once approved, the County will record the map. 3. Plats and Legal Descriptions. Once the existing and proposed rights of way are established, determine the location and extent of property that the City needs to acquire. Provide plat and legal descriptions for roadway dedications, slope and construction easement as required. Pagel of 4 Printed on Recycled Paper 4. Preliminary Design. A. Provide conceptual widening plan. The preliminary design will present the proposed widening design. Indicate proposed right -of -way, grading, retaining vrall heights and locations, street intersection and driveway changes, and utility relocations with in the work area. B. Provide summary report indicating the issues, constraints and design questions associated with the proposed street alignment. Allow one (1) revision to the Preliminary Plan to obtain City approval. Final Design. A. Prepare Construction Documents. Design Stevens Canyon Road widening to accommodate two (2) 12 -foot wide travel lanes, two (2) 5 -foot wide shoulder, curb and gutter on west side of the street between Santa Lucia Road and Miramonte Road. Prepare construction drawings using 20 scale base sheets on D size (24 x 36) sheets. Shall include the following sheet type and description: 1. Cover sheet showing sheet index vicinity map, approvals, and signatures. 2. Notes, Legend, and Abbreviations. This sheet will delineate the general notes, abbreviations used throughout the plans and a legend of symbols used in the drawings. 3. Graphical Index Map and Street Sections. This plan will show the overall project with sheet layout and typical street sections at important locations on the project. 4. Demolition Plans. These plans will show the limits and type of demolition needed. 5. Street Plan and Profiles. These plans to show the design for the street geometry, horizontal and vertical control. They will also contain lot data about the driveway locations, water meter, sewer and storm drainage connections (if existing). Signing, stripping, and marking will be shown on these plans. 6. Retaining Wall Profiles. Layout the retaining walls, showing the top and toe elevations and location of grade breaks or elevation changes. The walls will be profiled to provide the contractor information from which to design the structural elements for the wall. This will allow flexibility with the contractor's (and, therefore, in their bids), in their approach (wall type, manufacturer, etc.) to the design and construction of the walls. Their bids will need to identify the design elements of their proposal for the wall so that the bids can be compared. 7. Erosion Control Plan and Notes. Provide erosion and sediment control plans for the project. SWPPP is not required for the work. 8. Details. Details for constructing the improvements will be delineated. B. Prepare an Engineer's Estimate of Probable Construction Costs. Once improvement plans are submitted to the City for initial plan check, Engineer will prepare one tabulated Engineer's Estimate of Probable Construction Costs for each lot frontage of the civil improvements. C. Coordination. Allocate time to coordinate the project and design with the City Staff. Provide seven team meetings during design (project kick -off, value engineering review of conceptual design, mapping and record of survey findings, 50% final design review, 70% final design review, 90% final design review, and 100% design) and additional time to coordinate the design efforts with the City, geo- technical consultant, and utility providers. Construction Administration. Provide quantity list for use in change order. Attend /facilitate a Pre - construction meeting. Summarize the meeting minutes and prepare an issue an addendum and clarification to the contractors. Page 2 of 4 A. Provide technical support. Assist the City in answering technical questions during construction. B. Attend pre - construction meetings. Attend /Facilitate a pre - construction Conference with Client. 7. Construction Services. A. Construction Staking. 1) Rough Grading. Set points at the toe of slope at the catch point to original ground. These stakes will also reference information to the top of slope. Set stakes outlining the area of mass grading. Set points for rough grading the street sub -grade at approximate 50 -foot intervals. These stakes will be located in a manner to allow grading of the high and low points. The accuracy of the stakes will be to the nearest tenth of a foot. In addition, all stakes will be marked with cut/fill information to the top of curb or finish grade. 2) Retaining Walls. Provide stakes for locating the top and finish ground elevation at the toe of the proposed retaining walls. Provide stakes at 50 -foot intervals and at angle points in the horizontal or vertical location of the wall. 3) Utilities. Provide stakes for the location of the proposed storm drain that extends across the roadway. These stakes will be offset from the mains and will be set at all structures and changes in direction or grade. 4) Street Improvements: Provide stakes at 3 -foot offsets to the face of curb for final grading and construction of the curb and gutter on Stevens Canyon Road. These stakes will be set at approximate 50 -foot intervals along tangents and at approximate 25 -foot intervals through curves. In addition, stakes will be set at all grade breaks, beginning and end of curves, and angle points. Information on each stake will include the elevation of each point and cut/fill information to the top of curb. B. Construction Administration. 1) Field Facilitation. Contractor should be able to complete the work in 12 weeks. Based on a 12 -week construction schedule, Engineer to perform the following tasks during construction. • Facilitate Weekly Progress Meetings with Client and Contractors. • Alternate Days Construction Site Observation (2 hours every other day) • Shop Drawing Review. Allow time to review the contractor's shop drawings, and coordinate the submittals with field staff, the contractor and the City. Since the retaining walls will be design build, Engineer to review the contractor's shop drawings for conformance with the design intent. The geo- technical engineer will review for conformance with their report. • Process Requests for Information (RFI's) • Review /Process Change Order /Claims Requests. • Review and Evaluate Alternates • Project Document Administration with City. • The City will handle the contract administration and the processing of all payments (and pay quantities) for the work. 2) Post Construction. Engineer to perform the following tasks during the post construction phase of the project. • Final Inspections • Punch Lists • Certification of Completion 3) Record Drawings. Prepare record drawings for the improvements incorporating all approved addendum bulletins with the as -built information supplied by the contractor. The work excludes the retention of outside consultants. The City will contract directly with other consultants for land planning, environmental, geo - technical, street lighting, PG &E coordination and joint trench preparation. Page 3 of 4 EXHIBIT A Stevens Canyon Road Project No. 98 -120 (Phase II) Bid Sunnmary 1. Field Surveys. 2. Record of Survey. 3. Plats and legal descriptions 4. Preliminary Design Review. S. Final Design. A. Construction Documents. $ B. Engineer's Estimate. $ C. Coordinate with City Staff. $ 6. Construction Administration. A. Technical support. $ B. Meetings. $ 7. Construction Services. A. Construction Staking. $ B. Construction Administration. $ $ $ Total Fee: $ Please contact Hermie Bacus, Assistant Civil Engineer, Public Works Department, at (408) 777 -3237 for any additional information. Work shall be completed on or before July 14, 2000. Very truly yours, of PLIblic Works Please sign below to submit the above proposal: Bv: Name/Title: Company Name: Address: Telephone #: Page 4 of 4 05/17/2000 15:22 408- 257 -6821 NELSEN ENGINEERING PAGE 02 EXHIBIT A. Revised Stevens Canyon Road Project No. 98 -120 (Phase 11) Bid Summary ITEM 1 Field Surveys 2 Delete Record of Survey 3 Delete Plats and legal descriptions 4 Delete preliminary design review 5 Final design A. Construction documents B. Engineer's estimates C. Coordinate with City Staff 8 Construction Administration A Technical support B. Meetings 7 Construction Services A Construction staking B. Delete, administration Total: $1,900 $1.900 WSW IQ $9,520 so so $o $18.801) $3,800 $41,720 ' Predicated on an authorization to proceed date of 5/18/00 BZ A4 er c Marius E. Nelsen, President Nelsen Engineering 21801 Stevens Creek Blvd., Suits 7, Cupertino, CA 95014 406-257-6452; tax: 408 - 257-6821 5H 7100 COMPLETION DATE • 5131/00 Na n/a n/a 7114/00 7/14/00 AS REQUIRED AS REQUIRED AS REQUIRED WITHIN 3 WORKING DAYS NOTICE n/a RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -3255 NO FEE INACCORDANCE WITH GOV. CODE 6103 DOCUMENT: 18537844 IIIIBIII'Ill l�lliillll�lllil!I'lll BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages 3 Fees.... +` No Fees Taxes... Copies.. AMT PAID RDE # 003 8/23/2005 9:59 AM (SPACE ABOVE THIS LINE FOR`RECORDER'S USE) CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION 0(x STEVENS CANYON ROAD WIDENING PROJECT 98 -120 Pf Original 13 For Fast Endorsement 0 A VERIFICATION I have reviewed this Certificate of Completion and Notice of' Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 17` of August, 2005 at Cupertino, California. Administrative Clerk City of Cupertino`