07-125 Winzler & Kelly Consulting Engineers
AGREEMENT
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
NO.--0..32 700
BY THIS A EEMENT, made and entered into this 10th day of October , ~OQL by and between the
CITY OF C PERTINO (Hereinafter referred to as CITY) and Name (1) Winzler & Kellv Consultina Enaineers
Address 0' City San Francisco Zip 94104 Phone (415) 283-4970
(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:
Traffic Engineering services for the Bollinger Road Bicycle Facility Improvement Project
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
See Attached Scope' of Work
TERMS: The services and/or materials furnished under this Agreement shall commence on October 10. 2007 and
shall be completed before November 30.2009
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Amount not to exceed $50,000.00
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 due to negligence, errors and omissions, 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.
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 Glenn Goeofert
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.
CONTRACTOR,: ~ _
By ~a:~
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CI~.ERTINO~
By ~- Js--
Title Asst. Director of Pub:ic Works
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$50,000.00