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11-072 Hammett & Edison, Inc.Radio Frequency Exposure Measurements CITY OF AGREEMENT / CITY OF CUPERTINO q 10300 Torre Avenue (27,14.? / 1- / 40„z. " 's Cupertino, C'A 95014 CUPERTINO 408- 777 -3200 NO. BY THIS AGREEMENT, made and entered into this 18a` day of JULY, 2011, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and HAMMETT & EDISON, INC.; 470 THIRD STREET WEST, SONOMA, CA 95476; 707/996 -5200; BHAMMETT@H -E.COM (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: RADIO FREQUENCY (RF) EXPOSURE MEASUREMENTS FOR WIRELESS TELECOMMUNICATIONS BASE STATIONS TO INCLUDE THE PREPARATION & WRITTEN PRESENTATION OF SUMMARY REPORTS TO THE CITY. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A TERMS: The services and /or materials furnished under this Agreement shall commence on JULY 18, 2011 and shall be completed before NOT APPLICABLE COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $1,200.00 PER SITE VISIT TO INCLUDE A SUMMARY REPORT TO BE PROVIDED TO THE CITY: SEE EXHIBIT A. GENERAL TERMS AND CONDITIONS: Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor 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. 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. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 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 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 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: COLIN JUNG, AICP, SENIOR PLANNER DEPARTMENT: COMMUNITY DEVELOPMENT This Agreement shall become effective upon its execution by CITY, to witness thereof, the parties have executed this Agreement the day and year fir written above. CONT 'ASP ' • CITY OF CUPERTINO: % tA * B � By: GARY CHAO Title • Title: CITY PLANNER C/ Soc. Sec. # or Tax I.D 1,3 ^ 2� 1 �O 7-1 APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD 1 DATE ACCOUNT NUMBER AMOUNT / 2 / 110 - 2211 to be collected as needed $ DA -ND (AST7 r ��t �..` �. ivy _ iw ■ / / `� Contractor Agreement EXHIBIT A WILLIAM F. HAMMETT, P.E. HAMMETT & EDISON, INC. DANE E. ERICKSEN, P.E. CONSULTING ENGINEERS STANLEY SALEK, P.E. n' BROADCAST & WIRELESS ROBERT P. SMITH, JR. RAJAT MATHUR, P.E. KENT A. SWISHER IVETTA PETUKH ANDREA L. BOHL KHOA M. PHAN ROBERT L. HAMMETT, P.E. 1920 -2002 EDWARD EDISON, P.E. 1920 -2009 BY E —MAIL COLINJ @CUPERTINO.ORG June 9, 2011 Mr. Colin Jung, AICP Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, California 95014 -3202 Dear Colin: We recently discussed the possibility of setting up a regular schedule for radio frequency (RF) exposure measurements for wireless telecommunications base stations newly constructed or modified in Cupertino. Our standard fee is $1,200 per site visit, or $3,600 for the three visits you anticipate needing: shortly after completion, again at 6 months, and at 1 year. We will track these sites for you, scheduling the visits and completing summary reports following each visit. We appreciate the opportunity to be of service to the City of Cupertino and hope that this proposal is fully responsive to your needs. Sincerely yours, ( William F. Hammett nrs Web: www.h -e.com • bhammett@h -e.com Delivery: 470 Third Street West • Sonoma, California 95476 Telephone: 707/996 -5200 San Francisco • 214/559 -5200 Dallas • 202/396 -5200 D.C. • 707/996 - 5280 Fax