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02-095 Treadwell & RolloC~~ . t y3gb CUPE(~TINO AGREEMENT CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 77'7-3200 BY THIS AGREEMENT, made~nd entered into on the by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Treadwell & Rollo _ (2) ~o~'bG~S day of 20 , Address 555 l+iontgomery St, Ste. 1300 City San Francisco Zip 94111 Phone ~415~ 955-9040 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, a parties hereto agree as follows: /~~~ CONTRACTOR shall provide or furnish the following specified services arld/o~m~terials: Geotechnical services during=~~ the course of final Civic Center desi n a. d^constr ction EXHIBITS: The following attached exhibits hereby are made p~t of 1:~is Agreemen~ TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on September. 4. 2002 and shall be completed before June 30, 2003 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $10, 000.00 California Labor Code, Section 1771 requires the payment of prevail ng 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 Ciry, 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 liat~for acts of Contractor in performing services described herein. due to negligence, errors, and omissior.~.s 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 emplo~~ment 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 co~~tracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest unde~ this Agreement is an officer or employee of Ciry. 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 Terry Greene _ 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: ~;,ITY OF CUPERTINO: gy ~ I3y Title _~i-r`r~ c .~ a 4-~ Title enior Architect des-dec. # - ~ ~'~ eoccnver c n ~ ~ EXPENDITURE DISTRIBUTION • • M T E D ACCOUNT NUMBER AMOUNT r~ CITY L RK DAT l~ /~ ~ (~ ~~~z,- White: City Clerk Green: Finance Yellow: C~~ntractor ~ ` Pifik: Receiving Gold: Department