90-045c - Blackberry Farm - Ruth & Going - Boundry and Parcel Map Survey and Alta surveyAGREEMENT
CITY OF CUPERTINO
P.O. Box 580
Cupertino, CA 95015
252-4505
NO. 023742
Acct No`. 165-9105-761
C
BY THIS AGREEMENT made and entered into on the 11th day of January 19 91
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Ruth & Going (2)
Address °X City San Jose Zip 95 Phone — 40
(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:
Boundary survey of Blackberry Farm including a Record of Survey Map and setting
of property corners.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A; Letter from Ruth & Going to City dated January 10, 1991.
TERMS The services and/or materials furnished under this Agreement shall commence on January 11, 1991
and MMM boundary acreage shall be completed
on January 30, 1991. Record of survey shall be complete before Feb 28, 1991.
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: k
$15,900
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 Engineering
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.
CONTRA CITY OF CUPERTINO:
BY 15�BY
Title / Title A'nsrf — it 3r Engi eer
Ses�-fie s . #
APPROVALS
DepartHe DA r Date
7M A - --f
White - City CI rk Copy Green - Finance Canary - Con ractor's Copy Pink - Receiving Copy Goldenrod - Department Copy
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Ruth and Going. Inc.
January 10, 1991
Levenia Millar
City of Cupertino
.10300 Torre Avenue
Cupertino California 95014
SUBJECT: Boundary / Parcel Map Blackberry Golf Course
Dear Levenia,
91052
BAB
This letter confirms your instructions given in our phone conversation of January 10, 1991,
in which you authorized Ruth and Going, Inc. to perform the following services on the
subject project:
Scope of Service; We will prepare a boundary survey of the subject property based on field
survey data and existing record information. Working drawings will be completed and
submitted to the City of Cupertino by January 30, 1991. A Record of Survey will be
prepared and submitted for recording after the resolution of the boundary and setting of the
property corners.
SITFFTX TASK TYR- -RC 1PTrox M
-021 Boundary Survey $ 15,900.00
Total Lump Sum Fee: $ 15,900,00
our lump sum fee for the above-described work is $ 15,900.00 and will be billed and
payable monthly based upon the percentage of work completed to date,
Progress billings for all items will be made monthly based on the percentage of work
completed to date, The total fee indicated for each item of work will be billcd upon
completion of work in that category.
Engineering
ArrhiteClurN
Planning
2160 Lundy Ave
5-211 Jose
CA 95131-1 83�1
(408) 943-1640
FAX (408) 943-1900
Mailing A00teis:
P.0, Box 611(x00
San Jose
CA 99161-1600
EXHIBIT A
Ruth and Going, Inc.
R+G
In addition to the fees outlined above, other miscellaneous costs incurred in the performance
of these services, such as Per Diem, Travel, Mental Rates, Reproduction, Printing,
Communications, Computer Services, Data Processing, Deliveries, etc., will be billed at our
standard rates.
Unpaid billings over thirty (30) days from the date of billing are considered delinquent, and
are subject to a monthly charge of 1.5 %. Work requested beyond the scope of this proposal
will be considered "extra work" and will not be performed without your prior authorization
and agreement on additional fee.
The attached Standard Provisions are hereby made a part of this Agreement. Please note, in
particular, Item 44 which contains a limitation of liability clause.
So that we may have a formal record of your authorization, please sign in the space provided
below and return one copy for our files.
Thank you for this opportunity to be of service to you on your project.
Very truly yours,
Robert A. Smith
Vice President
Accepted.
Br ley. ilbo
Survey Manager
dw9(
Signature Date
EXHIBIT A
AGREEMENT
CITY OF CUPERTINO
P.O. Box 580
Cupertino, CA 95015
252-4505
023820
NO.
Acct # 165-9105-761
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) Ruth and Going (2)
Address P. 0. Box 611600 City San Jose Zip Phone— 40
(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:
Alta survey of Blackberry Farm
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 January 25, 1991
and shall be completed before February 28, 1991
1 p1ti
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: tic
$17,500
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any , nd
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 Engineering
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.
CONTR CITY OF CUPERTINO:
By By
Title Title Asst. Cit ngineer
Soc. Sec.//
APPROVALS
White - City Cle k Copy reen - Finance Canary - Contractor's Copy Pink - Receiving Copy Goldenrod - Department Copy