10-111 Agreement, Nove Partners, Inc., David Marks, Construction Management Services for Scenic Circle Access CITY OF
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AGREEMENT
CUPERTIN • 6 31 CITY OF CUPERTINO
�� 10300 Torre Avenue
Cupertino, CA 95014 f ���
408-777-3200 NO -'
BY THIS AGREEMENT, made and entered into this 9 day of November, 2010, by and between the CITY
OF CUPERTINO (hereinafter referred to as CITY) and Nove Partners, Inc.; David Marks; address: 307
Town and Country Village, Palo Alto, CA 94301; phone: 650 - 324 -5324; e-mail:
david( novapartners.com (hereinafter referred to 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:
Construction Management Services for Scenic Circle Access Project
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: None
TERMS: The services and /or materials furnished under this Agreement shall commence on November 9,
2010 and shall be completed before August 31, 2011.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR
an amount not to exceed $20,000.00 on a Time and Materials Basis without the City's Approval
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. A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the
extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care,
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, that arise out
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of 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. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active
negligence or willful misconduct of City, its agents or employees.
B. Claims for Other Liability. 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, that arise out of, pertain to, or relate 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 •:o 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 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 c - !es or variations of any
kind are authorized without the written consent of the City. ENTER ED
CONTRACT CO- ORDINATOR and representative for CITY shall be:
NAME: Gail Seeds, Project Manager, Public Works Department, 408 - 777 -1334
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.
CO 4 Ts CITY OF CUPERTINO:
By 4 By
Title 1 'i estde 7 Terry Greene, City Architect
Soc. Sec. # or Tax I. D.
APPROVALS EXPENDITURE DISTRIBUTION
TMEN D , 'FOIL DATE ACCOUNT NIJMBFR AMOI INT
' T (t Cr .I 420 - 9136 -9300 $20,000.00
sit DATE _I //