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03-038 Kier & Wright• ,,.,,~ AGREEMENT ~~ ~! ,~~ CITY OF CIJPERTINO 10300 Torre Avenue ~" (~ CITY lJF / Cupertino, CA 95014 ~ P E TIN V ' Cl~ ~, (4os> ~~~ 3200 BY THIS AGREEMENT, made and entered into on the ^, ns• t~ by and between the CITY OF CUPERTINO (Hereinafter referred to e.s CITY) and Name (1) Y.IER & L~ :IUriT (2) - Address 3350 SCOTT BLVD. , ~SLllU. 22 City SAi~TT,:~ CLARA Zip 95054 Phone(6(lgl 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 services and/or materials: STAKE THE WESTERLY LINES OF LOT 6 & 10 OF TR~~T 6574 W/TEMPORARY STAKF,S @ BLACKBERRY FARM EXHIBITS: The following attached exhibits hereby are made part of ':his Agreement: EXhIBIT "A" PROPOSAL TERMS: The services and/or materials furnished under this Agreement shall commence on -s•~Rfe'H ~g ~ X003 and shall be completed before AP2IL 20, 2UU3 J COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $2,175.00 California Labor Code, Section 1771 requires the payment of prevai-ing 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 liabl~ for acts of Contractor in performing services described herein. due to neb~igence, errors and oriL1JJ1OILJ 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 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 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 ~reurr~~T T g~g4H _ DEPARTMENT PUBLIC WC~~S 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: ~.~ `~~ ,, ^~ (,,~ f ~ ~.f-- CITY OF CUPERTINO: By ~~ . V Ety Title c~ l~itle PUBLIC WORKS PR03 T APPROVALS - ~. ~` EXPENDITURE RIBUTI EA D ~'' - ACCOUNT NUMBE AMOUNT CIT ERK ~ DAT /-LS 3 110-8101-7 $2 175.00 NO.r~~~~J ~~ day of ~:;AR('u , 20 p,~, White: City Clerk J Green: Finance Yellow: Contractor Pink: Receiving Gold: Department '` W KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. 3350 Scott Boulevard, Building 22 Santa Clara, California 95054 (408) 727-6665 . FAX (408) 727-56~~~~~~, W~~~~S r_ <• ~.~,,,: G p u b l~ w a 2-~ s '~-~ ~v 2.~F-~,~ f- l030~ ~t~ /JyeNVe, LETTER OF TRANSMITTAL DATE 3 ~ ~ JOB NO. ZZ6--S ATTENTION G~ ~~~ ~ ~ ~~ RE: ~3/~+~,~6~ ~~v•rz~ ~ t~€~-T' ~~ N o ? (ice • g ~c714 r ~ "Z..7$. WE ARE SENDING YOU ^ GRADING PLAN ^ A.L.T.A. SURVEY ^ IMPROVEMENT PLANS ^ PARCEL MAP ^ TENTATIVE MAP ^ PLAT & DESCRIPTION ^ TRACT MAP ^ TOPOGRAPHIC SURVEY ^ PROGRESS PRINTS ^ SPECIFICATIONS ^ CHECK PRINTS COPIES DATE DESCRIPTION THESE ARE TRANSMITTED (as checked) ^ FOR APPROVAL FOR YOUR USE ^ AS REQUESTED ^ FOR YOUR FILE REMARKS ~ETURNED ^ FOR REVIEW AND COMMENT ^ FOR BIDS DUE ^ PLEASE RETURN ^ FOR SIGNATURE ___ 19 ^ ^ ^ RETURNED FOR CORRECTIONS ^ PRINTS RETURNED AFTER LOAN TO US __ COPY TO: _ SIGNED: ... ~ <~ __ If enclosures are not as noted, kindly notify us at once