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00-040 Nelsen EngineeringPROJECT #93-9405 FILE # 98,001.14 ,,.~T~ AGREEMENT N°~~~~o~~ ~~~ s CITY OF CIIPERTINO ~~ 10300 Torre Avenue CITY OF Cupertino, CA 95014 ~ ,~, ~^ P E T I N O ~' (408) 77'7-3200 l., ~ ~c~ BY THIS AGREEMENT, made and entered into on the day of , 20 , by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) NELSEN ENGINEERING _ (2) Address 21801 STEVENS CREEK BLVD, STE 7 City CUPEF:TINO Zip 95014 Phone (408) (Hereinafter referred apps CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONGRNEEOINGaISERVICES f PERh'rEXHIIBITg A~ecified services 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 MARCH 20, 2000 and shall be completed before APRIL 1/f, 2000 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $5,900.00 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 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 iv'~:u:~1GENCE, ERROS APdD OMISSIONS Insurance: Should the City require evidence of insurability, Contract~~r shall file with Ciry 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 ser/ant 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 withcut 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 sriall be: NAME HERMIE BACUS DEPARTMENT PUBLIC WORKS 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. CONTRACTOR: By .~1 ~ Soc. ec. # ~ - ~ eaaRnve~~ ~c---~ _ < < CITY OF CUPERTINO: ) --itle ~,lfb ~ Ga;"~~;~ s c' ti rt~c ~ c?~- I.XPENDITURE DISTRIBUTION DEPART DATE f~CCOUNT NUMBER AMOUNT CITY ~L DAT 270-9405-~~3G0 ~ ~ $5, 900.00 257-6452 White: City Clerk / Green: Finance Yellow: Contractor l--~P~nk: 13eceiving Gold: Department n~~s~n nEnc~n~~~~nc CIVIL ENGINEERING SURVEYING CONSTRUCTION PUBLIC U1d~RKS 21801 ~' "~ ~ ~ ~ "'"~ STEVENS CREEK BLVD. SUITE 7 CUPERTINO, CA 95014 ~~l~~~~ [4081 257-6452 ##(( Mr. Hermie Bacus Department of Public Works, City Of Cupertino 10300 Torre Ave., Cupertino, CA 95014 Subject: Improvements to De Anza Blvd. (NelsE:n Engr. #66). Dear Mr. Bacus: March 11, 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. Field and office services to prepare Flans for the Easterly Side of De Anza Blvd. from Stevens Creek Blvd. Northerly to app~~oximately the Northerly property line of the Catho- lic Church. Services to prepare plan; and legal descriptions for right of way dedication and construction easements. The fee for the above scope of work will be $5,900; final payment will be due when the work is complete. Not included in the scope of work Ire provisions for paying city, county nor any other agency fees. Item 1 can be completed within 20 working days after receiving your approval to proceed. 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. Sincerely, ~~~ i~~~~~ Marius E. Nelsen President, M. E. Nelsen Engineering and Construction, Inc. RCE 20597 (Expires Sept. 30, 2001) Approved: Date