03-072 Kier & WrightAGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
BY THIS AGREEMENT, made and entered into on the 17th day of JUNE ,2003
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) KIEl{. & W~,IGHT (2)
Address 3350 SCOTT BLVD., BLDG. 22 City--Zip 95054 Phone~322~fu~3.5
(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:
PRELIMINARY SKETCI{/TOPOGRA.PI{IC SURVEY FOR LANDS OF BLACKBERRY FAi~4
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
SEE PROPOSAl, MARKED "EXHIBIT A"
TERMS: The services and/or materials furnished under this Agreement shall commence on JULY 1, 2003
and shall be completed before SEPTEMBER 26, 2003
COMPENSATION: For the full pedormance of this Agreement, CITY shall pay CONTRACTOR:
NOT TOqEXCEED $2,875.00 FOR ENGINEERING AlqD $225.00 FOR RE~URSABLES (AS NEEDED)
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
liability~ncluding 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.
due to negligence, errors and omissions
Insurance: Should the CRy 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 shatl 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 CA~N L_vN._~33GH
DEPARTMENT PUBLIC WOILKS
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:
By ~..-'R,'
Title ~ ~ A 5 5'o c'w' ~7-~E
Soc. Sec.
APPROVALS - /7 .- .'/ A
CIT ERK' ATE
White.' C't~yClerk ~ Green: Finance Yellow: Contractor
CITYBy ~_. ~/~O/~UPERTINO: ~
Title PUBT.TC WflR~ ..........
EXPENDITURE DI~
ACCOUNT NUMBER AMOUNT
~T~I~"~/'~'J
110-8101-7014 3_. lO0.Oa
Pink: Receiving Gold: Depadment
KIER
Civil Engineers
WRIGHT
Surveyors, ~nc.
EXHIBIT
PtJi: - . ORKS
April 30, 2003
City of Cupertino
Carmen Lynaugh
10300 Torte Avenue
Cupertino, CA 95014-3255
Re;
Lands of Blackberry Farm
Cupertino, California
Dear Carmen:
As you requested, we are pleased to offer this proposal to prepare a Preliminary Sketch/'
Topographic Survey of the referenced site area for a fee of $2,875.00. This fee does
not include reproduction or delivery charges, which will be billed at cost plus 10%.
Once the Topographic Survey/Preliminary Sketch has been completed, we will be able
to analyze and evaluate the steps necessary for the removal and replacement of the
existing structures in the area. At this point in time, we will have a better idea what
the cost and timing would be to complete the remainder ofltm 1 all of items 2 and 3.
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
JOV~ny R. V,[gil, L.S.
Associate
Approved by
F:XPROJECTS~Proposals\City of Cupertino\Lands of Black Berry Farm.rtf
3350 Scott Boulevard, Building 22 * Santa Clara, California 95054 * (408) 727-6665 * FAX (408) 727-5641
KIER
CivB Engineers
WRIGHT
Surveyors, Inc,
RESPONSIBLE PARTY INFORMATION
Name
Company Name
Address
Phone
Fax
Signature
The above entity will be responsible for payment for all services, in any event,
rendered including, but not limited to, Escrow not closing or costs incurred to date if
notified by your firm to stop work. If funds for payment are to be made from an
Escrow account, your firm is responsible for making arrangements with your Title
Company.
F:\PROJECTS\MASTER\BilIing Information.doc
3350 Scott Boulevard, Building 22 · Santa Clara, California 95054 · (408) 727-6665 · FAX (408) 727-5641