10-105 Agreement, Traffic Data Services, Traffic Count Services CITY OF
AGREEMENT
% CITY OF CUPERTINO
10300 Torre Avenue
� Cupertino, CA 95014 03,-
"
CUPERTINO 408- 777 -3200 NO.
BY THIS AGREEMENT, made and entered into this day of , 2010, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Traffic Data Service, 1386 White Oaks Road, Suite 1,
Campbell, CA 95008; Phone: (408) 377 -2988 ; e -mail: tdsbay@cs.com (Hereinafter referred as CONSULTANT),
in consideration of their mutual covenants, the parties hereto agree as follows:
CONSULTANT shall provide or furnish the following specified services and /or materials:
Traffic count services
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A, "Estimate"
TERMS: The services and/or materials fumished under this Agreement shall commence on November 1, 2010
and shall be completed before July 31, 2011.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT:
Payment to be made on a time and materials basis, not to exceed $5,000.
Califomia 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. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement,
indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability,
claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property
or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of
this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall
include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation.
Insurance. Should the City require evidence of insurability, Consultant 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 employmert of persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Consultant. 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, Consultant shall be deemed to be an independent consultant and Consultant is not
authorized to bind the City to any contracts or other obligations in executing this agreement. Consultant 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: David Stillman 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.
CONSULTANT: CITY OF CUPERTINO:
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Title i1Q^ 1 4(/ Title: SCN/o'a C 1 v/ L EA/Gweeme
Soc. Sec. #or Tax l.D `
APPROVALS IEXPENDITURE DISTRIBUTION
MENT - ' i – DATE ACCOUNT NUMRFR AMOUNT
Oki" ` emu; i...f 10 • — 110 - 8601 - 7014 $5,000
` ERK 1 , /C1 C . DATE ,,U; c 9e_ % 6 , �O y,,/ I
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Other Consultant Agreement
1
Traffic Data Service Estimate
1386 White Oaks Rd., Ste. 1
Campbell, Ca 95008 Date Estimate #
(408) 377 -2988
10ne /2010 1025
(408) 377 -2998 fax
Name / Address
City of Cupertino
Public Works Dept.
Attn: David Stillman
10300 Torre Ave
Cupertino, Ca 95014 -3255
Project
CMP
Description Qty Rate Total
3 -Hour, 3- person Intersection Turning Movement Count 2 300.00 600.00
3 -Hour, 2- person Intersection Turning Movement Count 6 250.00 1,500.00
48 -Hour Machine Traffic Speed Count 2 200.00 400.00
Total $2,500.00