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00-121 Nelson Engineering~~, cur`~N ~ ~~ AGREEMENT CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 5`~~` BY THIS AGREEMENT, made and entered into on the by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) NELSEN ENGINEERING _ (2) Address ? T Rn ~ c~vFUC rRFER $T.vn City ~~,Tlpfg Zip o5g 14 Phone { . nsz ~ 2~4~ (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: RE-ESTABLISH 8 MONUMENTS ON TRACT 2527 - SALEM[,. ALPINE, VICEROY CT., AND OASIS CT. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT "A" PROPOSAL TERMS: The services and/or materials furnished undeCC this AgreemE+nt shall commence on IlECFMBER 1, 2000 and shall be completed before JANUARY 15, 20Q0 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $11,900.00 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 Cily, 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, Contract~~r 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 Ag~eement 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 wilt 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 PTTT~T.TC WOR.Kci This Agreement shall become effective upon its execution by ~:,ITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTO CITY O CUPERTINO: B Ety itle ~ 1~itle say, ~ APPROVALS / EXPENDITURE DISTRIBUTION H AD D~7P7 / ~j /) ACCOUNT NUMBER i AMOUNT . ` LL (0 l•~ CITY RK DATE `~, ///~ ~' 270-8404-7016 , $11, 900.00 I~ l day of ~ ~`'~ ~ , 20 ~~, White: City Clerk ~ Green: Finance Yellow: Contractor Pink: Receiving Gold: Department 11/21/2000 13:35 408-257-6821 n~~s~n ~Enc~n~~~;n~ CIVIL ENGINEERING SURVEYING CONSTRUCTION 21901 6TEVENB CREEK BLVD, 6UITE 7 CUPERTINO. CA 85014 (408] 2'57-9.452 hJELSEN ENGINEERING ~.~ r =.' ` Ms Carmen Lynaugh Department of Public Works, City Of Cupertino 10300 Tome Ave., Cupertino, CA 85014 Subject: Tract 2527, Ls Cresta, Cupertino, CA (NE~Isen Engr. #476). Dear Ms Lynaugh: PAGE 01 November 21, 2000 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 place 8 monument boxes find brass discs per the City Standards. The monuments will be set according to the map for Tract 2527 recorded in Book 121 of Maps at page 17, Santa Cfara County Records. The fee for the above scope of work will be $11,9i~0; payment will be due when the work is com- plete. Not included in the scope of work are provisions for paying city, county nor any other agency fees. Item 1 can be completed within 20 working days after receiving your retainer fee and authorization to proceed. I sincerely appreciate the opportunity to prepare this proposal; it will be valid for 30 days. To ao- knowledge the scope and terms discussed above ,please sign one copy of this letter and return it to me. Sincerely, ~~~~*~ Marius E. Nelsen President, M. E. Nelsen Engineering and Construction, Inc. RCE 20597 (Expires Sept. 30, 2001) Approved: Date