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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 U1111 lU J1 I(lU lU J1 PLUM I111U UUMU 111U FrIl1 11U. 40004J10UU F. UL 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