07-057, Kier & Wright
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
NO.~94
BY THIS AGREEMENT, made and entered into this 8th day of Februarv , 20QL by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Name (1) Kier & Wriaht Civil Enaineers
Address 3350 Scott Blvd.. Blda. 22 City Santa 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 services and/or materials:
Surveying Services for the Blue Pheasant Property
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 Februarv 12,2007 and
shall be completed before AUQust 30. 2007
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Amount not to exceed $7,400.00
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 due to negligence, errors and omissions, 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.
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
Glenn Goepfert
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 written above.
By
Title
~ee.8e".#
Title Assistant Director of Pu
Nv. 91-"2/6 - 0466
EXPENDITURE DISTRIBUTION
EXHIBIT A
KIER WRIGHT
Civil Engineers Surveyors. Inc.
January 19,2007
City of Cupertino
Piu Ghosh
10300 Torre Avenue
Cupertino, CA 95014
Re:
Blue Pheasant Property
Cupertino, CA
\ 10- tJDI - lOlL!
Dear Piu:
As you requested, we are pleased to offer you this proposal to provide professional surveying
services on the above referenced site for the fee as listed below.
1. Topographic Survey:
2. Plat & Legal Description for Lot Line Adjustmentd
Total Fee: ;VOt 10 j2 't~Qk'
$ 3,600.00
$ 3.800.00
$ 7,400.00
The above services do not include items that may be required by the City/County such as parking,
utility or lighting studies, area analysis such as open space requirements, additional planning
permits required (planned Development, conditional use permit or site use permit), drainage
analysis/studies, tree survey, video taping of storm or sanitary sewers, improvement plans or
meetings relating to the above. We can provide these services on an hourly basis in accordance with
our Hourly Rate Schedule. The Owner/developer will retain the services of an architect, landscape
architect, electrical engineer or others who may be required to support the project as part of the .
approval process..
This fee does not include City processing fees nor does it include printing, plotting or delivery
charges, which will be billed at cost plus 10%.
We appreciate the opportunity to provide this proposal to you. Please call me if you have any
questions.
lfthis proposal meets with your approval, please sign below and return to me via mail or facsimile.
Sincerely,
KIER & WRIGHT
Jimmy ~ ViEJi{
Jimmy R. Vigil, L.S.
Associate
APprOvedbY~ - ~
Date ~/t3If)1-
F:\Proposals\City of Cupertino\Blue Pheasant Property Cupertino 20070119.doc
3350 Scott Boulevard, Building 22 · Santa Clara, California 95054 · (408) 727-6665 · FAX (408) 727-5641
RECEIVED
,
KIER & WRIGHT
CIVIL ENGINEERS & SURVEYORS, INC.
3350 Scott Boulevard, Building 22
Santa Clara, California 95054
(408) 727-6665 . FAX (408) 727-5641
FE8 1 5 Z0jJ7r
pUSllcwoRKsDEPMl'.;rER OF TRANSMITTAL
DATE 2
ATTENTION
RE:
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WE ARE SENDING YOU 0 GRADING PLAN 0 A.L.TA SURVEY
o IMPROVEMENT PLANS 0 PARCEL MAP
o PROGRESS PRINTS
o SPECIFICATIONS
o TENTATIVE MAP
o TRACT MAP
o PLAT & DESCRIPTION 0 CHECK PRINTS
o TOPOGRAPHIC SURVEY )!(
COPIES DATE DESCRIPTION
I S.Ci.~ C-a AI 1- ftB c...+-
/
THESE ARE TRANSMITTED (a. checked)
o FOR APPROVAL 0 RETURNED
)(FOR YOUR USE 0 FOR REVIEW
AND
o AS REQUESTED COMMENT
o PLEASE RETURN
KFOR SIGNATURE
o
o
o RETURNED FOR CORRECTIONS
19 _ 0 PRINTS RETURNED AFTER LOAN TO US
o FOR YOUR FILE
REMARKS
o FOR BIDS DUE
COPY TO:
SIGNED:
1; 'R. Up
If enclosures are not as noted, kindly notify us at once.