89-009a Kier & Wright Engineering for 89-009Cit'q of Cuperti
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
March 9, 1989
Kier and Wright
3350 Scott Boulevard, Bldg. 22
Santa Clara, CA 95051
AGREEMENT
P.O. Box 580
Cupertino, California 95015
We are enclosing to you for your files one (1) copy of the Agreement by and
between the City of Cupertino and Kier and Wright which has been
fully executed by City Officials.
Your agreement shall commence on March 1, 1989 , and shall be completed before
May 1, 1989, liquidated damages-$150.00/day, if any delay is caused by the City,
completion date will be extended.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
AGREEMENT
CITY OF CUPERTINO
P.O. Box 580
Cupertino, CA 95015
252-4505
,R e u� i r P. O
`NC,. .Zo K. 6 'el
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cj.S'3 46, C700
BY THIS AGREEMENT made and entered into on the 8th day of March 19 89
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) KIER & WRIGHT (2)
Address 3350 SCOTT BL.VD- RT.nr- 29 City_Sa�T-,A A Zip CM057 _Phone 4a8L=-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:
ENGINEERING, DESIGN, SURVEYING & CONSTRUCTION STAKING FOR
14CCLELLAN ROAD WIDENING, AND N. STELLING ROAD WIDENING
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 MARCH 1, 1989
and shall be completed before MAY I, MR9 7-rQUIDATED DAMAGES $150.00/DAY, IF ANY DELAY
IS CAUSED BY THE CITY, COMPLETION DATE WILL BE EXTENDED .
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR:
A SUM NOT TO EXCEED $15,000.00 FIFTEEN THOUSAND AND N0/100 DOLLARS
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:
NAME TRAVICE WHITTEN 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.
CONTRACTOR: ,Z!%', CITY CUPERTINO:
B
Y �j� BY
Title Tit e
Soc. Sec.#
APPROVALS
Department He Date Ci Y e lc Date
37
White - City Clerk Co Gr en - Finance Canary - Contractor's Copy Pink- Receiving Copy Goldenrod -Department Copy
he, -