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01-042 Wilbur Smith AssociatesAGREE'~MENT NO~~-~~ ~~ s CITY OF CUPERTINO 10300 Torre Avenue Ciit 4F Cupertino, CA 95014 P ~ ~'~' 4 ' /, /~ " " (408) 777-3200 BY THIS AGREEMENT, made and entered into on the Art, day of MAY , 2001 , by and between the CITY OF CUPERTINO (Hereinafter referred to 2.s CITY) and Name (1) WILBUR SMITH ASSOCIATES _ (2) Address 1145 MARKET ST. , 10th FLOOR City SAN FRANCISCO Zip 94103 Phone (415) 4~fL4030 (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: PREPARATION OF PEDESTRIAN TRANSPORTATION PLAN EXHIBITS: The following attached exhibits hereby are made part of ':his Agreement: TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on and shall be completed before 08/09/01 05/09/01 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: AMOUNT NOT TO EXCEED $5,500.00 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 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 liable for acts of Contractor in performing services described herein. due to negligence, errors and omissions, 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 shalt 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 Ciry. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY strall be: NAME DIANE ARRANTS DEPARTMENT PiTRT.TI'. WnRK~ 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: CITY OF CUPERTINO: gy L~-~a-- l,~ Zy1 ~~ ~~ E3y DIANE ARRANTS ~~ ~`~~~ ~~:~ Title ~rsS~c:~.Z~ - t~ - ~.~rc.. ~ l-itle TRAFFIC TECH ~ AN Soc. Sec. # ~ APPROVALS ~~ / EXPENDITURE DISTRIBUTIO~~// /~ / ~E8 E H A AT l ~ J F,000UNT NUMBER AMOUNT CITY RK ~ ` DAT jy,-~ jG ~~~/ 110-8601-7014 $5, 500.00 White: City Clerk Green: Finance Yellow: Ccntractor Pink: Receiving Gold: Department ~iii-~~ i~~~~~ ~~~~~~ ~~~iii Wilbur Smith Associates May 15, 2001 Ms. Diane Arrants City of Cupertino Public Works Department 10300 Torre Avenue Cupertino, CA 95014 Re: Pedestrian Transportation Plan Dear Ms. Arrants: 'PUB~tC V1!ORK 1145 Market Street, Tenth Floor San Francisco, CA 94103-1545 (415) 436-9030 (415) 436-9337 fax wwwwilbursmith.com Enclosed is the agreement adding $5,500 to the above project, signed and returned as requested. Very truly yours, WILBUR SMITH ASSOCIATES V~-~- ~`-'~~ Luba C. Wyznycl~y~ Associate-in-Charge LCW/pfh 343000 Albanv N5; Anaheim CA, Atlanta GA, Baltimore MD, Bangkok Thailand, Budingtor VT; Charleston SC, Charleston «/l? Chicago II„ Cincinnati OH, Clcecland OI I Columbia SC, Columbus OH, llallas TX, Dubai UAE, Falls Church VA, Greenville SC, Ilong Kong, I[ouston 'PX, Iselin NJ, Kansas Cih~ h1Q Knoxville "~ Lansing Ml, Lexington KY, London UK, Mihvaukcc ~4~I, Mumbai India, MyrNc Bcac h SC, Ncw I Iavcn CT, Orlando FL, Philadelphia PA, Pittsburgh PA, PorNand ME Poughkeepsie NY, Raleigh NC, Richmond VA, Salt Lakc City UT, San Francisco CA, Tallahassee FL, Tampa FL, Tempe AZ, Trenton NJ, ~~'ashington DC Employee-Owned Company