02-093 Testing EngineersCat
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CUPEI~TIN
AGREEMENT
CITY OF CIJPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
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BY THIS AGREEMENT, made and entered into on the 24th day of SEPTEMBER , 2002 ,
by and between the CITY OF CUPERTINO (Hereinafter referred to ors CITY) and
Name (1) TESTING ENGTNF.F.RR, TNC _ (2)
Address 2811 ADELINE ST. CityOAKL~`~ND Zip 94608 Phone X510) 835-3142
(Hereinafter referred as CONTRACTOR), in consideration of their mratual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
TESTING FOR THE SAN TOt~fAS AQUINO SARATOGA CREEK TRAIL PROJECT
EXHIBITS: The following attached exhibits hereby are made part of ':his Agreement:
SCHEDULE OF FEES AND CHARGES
TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on SEPTEMBER 24, 2002
and shall be completed before FERRITARY 1 , 2003
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
NOT TU ECEED $2,500.00 -HOURLY RATE & PER TEST CHARGES
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 including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liabl for acts of Contractor in performing services described herein.
due to i:egligence, 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 Ciry'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 KEVIN RIEDEN
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 written above.
CONTRACTOR: ~ ,~, C-1TY OF CUPERTINO:
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Wh te: City Clerk Green: Finance Yellow: Contractor Pink: Receiving Gold: Department