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01-026 Kier & Wrighto~`~ , .~ ~'~ A~GRE~,MENT ~~~ ~__ CITY Of ~~ l~~ CUPETl~1 '~ '~ CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 of-o~lQ NO. ~'~' ~~ r/ ~' BY THIS AGREEMENT, made and entered into on the ~~rd day of JANUARY , 20 ~_, by and between the CITY dF CUPERTINO (Hereinafter referred to as CITY) and Name (1) KIER & WRIGHT _ (2) Address 3350 SCOTT BLVD. , BLDG. 22 City SANT?. CLARA Zip 95054 Phone (408) 727-6665 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified serviass and/or materials: PLAT & LEGAL DESCRIPTIONS FOR BLACKBERRY FARM EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT t°A" PROPOSAL TERMS: The services and/or materials furnished under this Agreement shall commence on.TANrrAi2y ~[~, X001 and shall be completed before I~'jARCH 1, 2001 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $4,875.00 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 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 1o the approval of City's Director of Administrative Services. Non-Discrimination: No discrimination shall be made in the employrent 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 Agr(~ement 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 sh2~ll be: NAME CAP.MEN LYNAUGH _ DEPARTMENT PTTRT.T(' TaORiTS 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 abov . CONTRACTO ~~~ ` CITY O CUPERTINO: Titles ~ 1/V ~ 1.~,®/l~ i/ r ~ Title PUBLIC WORKS PROJ S 1viAN GE APPROVALS, _ ~ j ~ r a I ~, / _ Ek'PENIlIT11RF r1lnru ~\. N ~ /~ /!~ ~ ' ACCOUNT NUMBER OUNT ' !. CITY C E K DATE a- D/ 1:L0-8101-7014 $4, 875 vvime: ~.ny ~ierrc ~ careen: rinance Yellow: Contractor Pink: Receiving Gold: Department Kier & Wright Fax:408727564. Jan S 2001 15:59 KIER ~ WRIGHT Civil Engineers Surveyors, Inc. City of Cupertino Carmen Lynaugh 10300 Torre Avenue Cupertino, CA 95014-3255 Re: Blackberry Farm Cupertino, CA Dear Carmen, P. 02 January 8, 2001 As you requested we are pleased to offer this proposal to prepare Plat & Legal Descriptions for the azeas to be exchanged on the refen~nced site for a fee of $4,875.00. The survey will take approximately 3-4 weeks to complete. This proposal does not include reproduction or delivery charges which will be billed at cost plus 10%. We appreciate the opportunity to provide this proposal for you. Please call me if you have any questions about our services or this proposal. if this proposal meets with your approval, please sign the enclosed copy and return it by facsimile or in the envelope provided. Sincerely, KIER &WRIGHT Jimmy R. Vigil, L.S Associate Approved by Date F:tPROJECTSIProposalslCity of Cupcrtino181ackberry Farm.rtf 3350 Scott Boulevard, Building 22 • Santa Clara, California 95054 • (408) 727-6665 • FAX (408) 727-5641