05-007, Kier & Wright
AGREEMENT
NO. tJtmS-4-;i4-t?
CUPEItTIN
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
BY THIS AGREEMENT, made and entered into on the 12th day of January , 20~,
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Kier & Wright (2)
Address 3350 Scott Blvd., Bldg. 22 City Santa Clara, CA 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 services and/or materials: Topographic & Utility survey
for McClellan Ranch - at the proposed Environmental Class Room Building
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Attached proposal
TERMS: The services and/or materials furnished under this Agreement shall commence on
and shall be completed before May 31. 2005
January 12, 2005
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Work to be billed at
actual time and material, not to exceed $9,000.00
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
Ilabnny~nclUd;9 all costs of defending an, claim, caused b, 0' arising oul of the pertonnance of this Agreement. City shall not
be liab 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 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
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 above.
CONTRACTOR: ( , I i-
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APPROVALS
DE T HEAD
AMOUNT
Contractor
Gold: Department
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Fax:4087275641
Jan 12 2005 17:17
P.02
WRIGHT
Civil Engineers SurveYOrS, Inc,
January 12,2005
City of Cupertino
Carmen Lynaugh
10300 Torre Avenue
Cupertino, CA 95014-3255
Re: McClellan Ranch
Cupertino, CA
Dear Cannen:
As you requested, we are pleased to offer this proposal to prepare a Topographic &
Utility Survey of the referenced site for a fee based on time and materials with a not~
to-exceed amount of $9~OOO.OO. The survey will cover the area at the McClellan
Ranch that would encompass the site for the proposed Environmental Class Room
Building.
This fee 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 below and return to me via mail
or facsimile.
Sincerely,
KIER ,& WRIGHT
~"~1? U~
~y R. Vi~i1, L.S.
Associate
Approved by
Date
F:\Proposals\City of C\lponino\McClellan Ranch.doc
3350 Scott Boulevard. Building 22 . Santa Clara, California 95054 . (408) 727-6665 . FAX (408) 727-5641