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05-007, Kier & Wright AGREEMENT NO. tJtmS-4-;i4-t? CUPEItTIN CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 BY THIS AGREEMENT, made and entered into on the 12th day of January , 20~, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Kier & Wright (2) Address 3350 Scott Blvd., Bldg. 22 City Santa Clara, CA 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: Topographic & Utility survey for McClellan Ranch - at the proposed Environmental Class Room Building EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Attached proposal TERMS: The services and/or materials furnished under this Agreement shall commence on and shall be completed before May 31. 2005 January 12, 2005 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Work to be billed at actual time and material, not to exceed $9,000.00 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 Ilabnny~nclUd;9 all costs of defending an, claim, caused b, 0' arising oul of the pertonnance of this Agreement. City shall not be liab for acts of Contractor in performing services described herein. due to negligence, errors and omissions 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 Carmen Lynaugh 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 above. CONTRACTOR: ( , I i- k'l:.lL f-- W 'R,..~n" By f/1R. Vr Title A c;c; to<-. '. /\ . Soc. Sec. # '- S "2,5' 'TAX, r.t), "'c. 94-2/60c(.-(,.6 APPROVALS DE T HEAD AMOUNT Contractor Gold: Department ..,"..._.~,.~~~.~.~ .~ w~ i~~~, Fax:4087275641 Jan 12 2005 17:17 P.02 WRIGHT Civil Engineers SurveYOrS, Inc, January 12,2005 City of Cupertino Carmen Lynaugh 10300 Torre Avenue Cupertino, CA 95014-3255 Re: McClellan Ranch Cupertino, CA Dear Cannen: As you requested, we are pleased to offer this proposal to prepare a Topographic & Utility Survey of the referenced site for a fee based on time and materials with a not~ to-exceed amount of $9~OOO.OO. The survey will cover the area at the McClellan Ranch that would encompass the site for the proposed Environmental Class Room Building. This fee does not include reproduction or delivery charges, which will be billed at cost plus 10%. We appreciate the opportunity to provide this proposal for you. Please call me if you have any questions about our services or this proposal. If this proposal meets with your approval, please sign below and return to me via mail or facsimile. Sincerely, KIER ,& WRIGHT ~"~1? U~ ~y R. Vi~i1, L.S. Associate Approved by Date F:\Proposals\City of C\lponino\McClellan Ranch.doc 3350 Scott Boulevard. Building 22 . Santa Clara, California 95054 . (408) 727-6665 . FAX (408) 727-5641