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04-055 Harris & AssociatesAGREE=MENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO. ~T .S~`'y~/ /~ BY THIS AGREEMENT made and entered into on the _6th day of JULY ~,g 2(104 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) HARRIS & ASSOCIATES (2) Address 120 MASON CIRCLE City CONCORD Zip ~~ Phone (925) 827-4900x116 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following spe~~ified services and/or materials: PAVEMENT MANAGEMENT PROGRAM UPDATE OF RESIDENTAIL STREET DATA EXHIBITS: The following attached exhibits hereby are m<~de part of this Agreement: SEE ATTACHED PROPOSAL TERMS: The services and/or materials furnished under this Agreement shall commence on .TirT v i s ~nn~. and shall be completed before NOVEMBER 30,x_ COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: SHALL NOT EXCEED $22,185.00 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 of every nature, including all c~~sts of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for ~~cts 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 authlorized 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 CI~fY shall be: NAME CARMEN L.YNAUGH __ DEPARTMENT p,~JRr.Tr. wnRKS 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. CONT ACTOR: CITY OF CUPERTINO: By U~ By ~/Gi/Y~~ Title V ~ Title -~-# ~.R.S Sp ~ APPROVALS EXPENDITURE DISTRIBUTION DEPA TMENT HEAD E ACCOUNT NUMBER AMOUNT ! L ~ ~~ L~ ` _ _ CITY ERK TE ~ ^ ~, j ~ ~ ~ CITY CI.E:RK COPY Harris & Associates City of Cupertino PMP Update -Residential Streets (91 Miles) April 8, 2004 Cost Proposal Project Project Project Task Description Director Manager Engineers Total Total $fi'ask 1.0 Project Administration 2 8 0 8 $ 1,280 2.0 Pavement Inspection U date 0 24 140 164 $ 14,660 3.0 Butlget Anal sis & Report 2 24 30 54 $ 5,670 4.0 Project Delivery 0 5 0 5 $ 575 Total Hours Rate Rai~tit„ UIII4UIU 4 61 170 231 180.00 $ 115.00 $ 85.00 72V ~ $ I,V 15 ~ $ 14,45U ~ Lump Sum Total: $ 22,185 Proposed Schedule Months fromNTP Task Description 1 2 3 4 1.0 Project Administration 2.0 Pavement Ins ection U date 3.0 Budget Analysis & Report 4.0 Project Delive Meeting City Review of Draft Project Status Report Draft Project Report Extended Tasks ~ Final Project Delivery