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88-068 Kier & Wright, Aerial Topographic Survey of Jollyman ParkAGREEMENT CITY OF CUPERTINO P.O. Box 580 Cupertino, CA 95015 252-4505 ~ 120-1003-953 020971 NO .. _· ____ _ BY THIS AGREEMENT made and entered into on the day of 19 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and ----- Name (1) KIER & WRIGHT (2) Address 3350 Scott BJvd., Bldg. 22 City Sant-:a-;;c11-=-a=ra=------:::Z;-;-ip---,9l1'5..,.0~s..,.1~ph_o_n_e--=7=2=7--~6~665 (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: Aerial Topographic Survey of Jollyman Park EXHIBITS: The following attached exhibits hereby are made part of this Agreement: TERMS The services and/or materials furnished under this Agreement shall commence on Dec. 19, 1988 and shall be completed before Jan· 16, 19 8 9 COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: $5,000.00 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 of every nature, including all costs of defending any claim, caused by or arising out of the per- formance 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 relation 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: 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. KIER Civil Engineers WRIGHT Mr. Travice Whitten Assistant City Engineer City of Cupertino Public Works Department 10300 Torre Avenue Cupertino, CA 95014 RE: Jollyman Park Dear Travice: PUBLIC VvunKS DEC B 1988 December 6, 1988 As you requested we are pleased to offer this proposal to provide a topographic survey of the subject site for a fee of $5,000.00. The survey will be performed by Aerial Photogrametic means and will be at a scale of 1 "=40' with one foot contours. The survey will also show trees, streets, and underground utilities. The drawing should be complete four weeks after the date that we receive notice that we are authorized to do the survey. If this proposal meets with your approval please issue a purchase order for the work. Thank you for this opportunity to be of service to the City of Cupertino. Sincerely, KIER & WRIGHT Ted Wilson TLW/llc 3350 Scott Boulevard, Building 22 • Santa Clara, California 95051 • (408) 727-6665