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10-005 Drew Golkar, Construction Management Services on various projectsAGREE~VIENT Q' C10300 Torrje'AvenlueO s / O ~ Cupertino, CA 95014 ~~~'~~ / / ~ 408-777-3200 NO. BY THIS AG RE ENT, made and entered into this 5y~day of~ Qtr\ „ 2090 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Orew Go/Kar; Address: 90953 Oe»ison Avenue, Cupertino, CA 95094; Phone: 408-896-0050; a-mai/: darius@go/Kar us 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: Project and Construction Management Services on Various Project Components as Directed by the City Architect EXHIBITS: The following attached exhibits hereby are made part of this Agreement: None TERMS: The services and/or materials furnished under this f\greement shall commence on March 9, 2090 and shall be completed before June 30, 2090 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed $ 30,000.00 based on a Time and Materia/s. Basis, Hour/y rate of $40.00 California Labor Code, Section '177'1 requires the payment of prevailing w:~ges 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 cfficers, agents and employees from any and all damage and liability due to negligence, errors and omissions, including all costs of defending any clam, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described hen~in. 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 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 executinc3 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 thf~ 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: ~'' j~ ~'~jT~7P7~ NAME: Terry Greene DEPARTMENT: Public Works Department This Agreement shall become effective upon its execution bey CITY, in witness thereof, the parties have executed this Agreement the day an r firs =~ ~~ Title ~RIIVLI PAS.-- Title: T-~ reeve. AIA. City Architect CONTRACTQf~' / _ CITY OF CUPERTINO: ,~ y _~ BY /"~~~ c/( By - nvnl s EXPENDITURE DISTRIBUTION ARTMEN D DATE ~_ ~ - (~ 420-9126-9300 -Sterling Barnhart $ 20,000.00 428-9449-9300 - MAB $ 5,000.00 427-9135-9300 - BBF Upgrades $ 5,000.00 CIT DATE f_ ~ '/a D ~' ~ ~