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99-092 Nelsen Engineering – staking for Bollinger Rd. curb and gutter AGREEMENT .,;.1, . z �. a P ; 0 q �f; CITY OF CUPERTINO 9 Cay of 10300 Torre Avenue 03o/? '7 Cupertino Cupertino, CA 95014 408-777-3200 NO. $3 3 !J`[1 1 2 7 BY THIS AGREEMENT made and entered into on the 16th day of August 1999 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Nelsen Engineering (2) (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: Staking for Bollinger Road curb and gutter EXHIBITS:The following attached exhibits hereby are made part of this Agreement: See attached proposal TERMS:The services and/or materials furnished under this Agreement shall commence on Aug. 16. 1999 and shall be completed before August 27. 1999 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $2,900.00 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 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 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: C a 4 D NAME Carmen LynaughDEPARTMENT Public Works Poi fir This Agreement shall become effective upon its execution by CITY, in witness thereof,the parties have execute Agreement the day and year first written above. ��„////�✓f�J CONTRACTOR: CITY O UPERTINO: ��j gy t �i�` - /� Byje(/1/l/1"zr� Ti e _10 Title Public Works Pr ect: _pager Soc. Sec.# '' APPROVALS EXPENDITURE DISTRIBUTION DEPARTt . THEA• ♦ 1 DATE ACCOUNT NUMBER AMOUNT �II cL�/ `�, 270-0-9300 $2,900.00 N" frc/q9 ITVOCI Lnf,,, l 08/16/1999 09:56 408-257-6821 NELSEN ENGINEERING PAGE 01 Ene,nEE%%nc CIVIL ENGINEERING August 15, 1999 SURVEYING • CONSTRUCTION 21BD1 STEVENS CREEK BLVD. SUITE 7 CUPERTINO.CA 95014 MOB]257-8402 Ms Carmen Lynaugh Department of Public works, City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 Subject: Road improvements to Bollinger Road, Cupertino, CA(Nelsen Engr. #94). Dear Ms Lynaugh: 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 provide construction stakes at intervals of 100 feet for the horizontal alignment of curb and gutter that will replace an existing asphalt berm along the Northerly side of Bollinger Road. The fee for the scope of work will be $2,900: final payment will be when the work is complete. Not included in the scope of work are provisions for paying city, county nor any other agency fees.. Per our conversation, item 1 will be completed by August 17, 1999. 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. • Si cerely, igtmald Manus E. Nelsen President, M. E. Nelsen Engineering and Construction, Inc. RCE 20597 (Expires Sept. 30, 2001) Approved: Date