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00-115 Nelson Engineering"'*~ __~ ~~~ ~ . CITY OF CUPE TINO ~-q~ ~.. AGREEMENT CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, ~~A 95014 (408) 777-3200 NO. D~J, BY THIS AGREEMENT, made and entered into on the day of , 20 , by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) NELSEN ENGINEERING _ (2) Address 21801 STEVENS CREEK BLVD. City CUPEF:TINO Zip 95014 Phone (408) 257-6452 (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: REPLACE MONUMENT ON STEVENS CREEK BOULEVARD EXHIBITS: The following attached exhibits hereby are made part of this Agreement: PROPOSAL MARKED EXHIBIT "A" TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on GFpTFMBER~, 2t100 and shall be completed before SEPTEMBER 29, 2000 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $950.00 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 CiCy, its officers, agents and employees from any and all damage and liability, including 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 City require evidence of insurability, Contract~~r 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 CARi~'iEN L DEPARTMENT prrur.I~ rr~uuc This Agreement shall become effective upon its execution by c;ITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF//C--UP--ERTIN By E~y ~l/V`tJ~ I e /-~5i Title PUBLIC WORKS ROJEC S AGER Se~i~#' - z APPROVAl.;~~ ~- ~ ~ E:XPENDITURE DISTRIBUTIpfV~ ~~'3'~ DEPARTM A ACCOUNT NUMBER OUNT ~ CI Y C R TE ,x_ - o~ 1 LO-8101-7014 $950.00 White City Clerk Green: Firr~nce Yellow: Contractor Pink: Receiving Gold: Department n~~s~n nEnc~n~~~~nc CIVIL ENGINEERING SURVEYING CONSTRUCTION 21801 STEVENS CREEK BLVD. SUITE 7 CUPERTINO. CA 95014 [4081 257-6452 Ms Carmen Lynaugh Department of Public Works, City Of Cupertino 10300 Torre Ave., Cupertino, CA 95014 EXHIBIT A September 4, 2000 PU~~,I~ W~;~ ;- u ~ ~~ ~' ,n~ Subject: Services to replace a monument on Stevens Creek Road. (Nelsen Engr. #480). Dear Ms Lynaugh: Nelsen Engineering is pleased to submit the following proposal for the subject project. Our serv- ices will be rendered according to the following ;scope of work: Services to replace the monument located at the intersection of Stevens Creek Road and California Oak Way. The fee for the above scope of work will be 8;950: final payment will be due when the work is complete. Not included in the scope of work are provisions for paying city, county nor any other agency fees. Item 1 can be completed within 1;i working days. I sincerely appreciate the opportunity to preparE3 this proposal; it will be valid for 30 days. To ac- knowledge the scope and terms discussed above please sign one copy of this letter and return it to me. Sincerely, arius E. Nelsen President, M. E. Nelsen Engineering and Construction, Inc. RCE 20597 (Expires Sept. 30, 2001) Approved: Date