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07-142, Vali Cooper & Assoc. AGREEMENT pfJ# ~JT?6c? NO. BY THIS AGREEMENT, made and entered into this 29th da CUPERTINO (Hereinafter referred to as CITY) and Name VAll COOPER & ASSOCIATES. INC. Address 41 Washinaton Avenue. City Point Richmond. CA Zip 94801. Phone 408-215-0268 (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: Review plans, specifications and cost estimate for Stevens Creek Corridor Park & Creek Restoration, provide comments on constructability and cost of elements including parking, amenities and creek restoration. EXHIBITS: The following attached exhibits hereby are made part of this Agreement EXHIBIT A - Scope & Fee Proposal TERMS: The services anellor materials furnished under this Agreement shall commence on November 29. 2007 and shall be completed before December 24. 2007. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: AN AMOUNT NOT TO EXCEED $10,000.00 Califomia Labor Code, Section 1771 requires the payment of prevailing wages to aU workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERIIS AND CONDmONS Hold Hluml.... Contractor agrees to save and hold harmless the City, its olficers, agents and employees from any and all damage and liability due to negligence, errors and omissions, including aD costs of defending any clam, caused by or arising out of the perfonnance of this Agreement. City shaH not be liable for adS of Contractor in perfonning services described herein. InsUl'llnc8. Should the City require evidence of Insurability, Contractor wi 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-Discrimlnation. No discrinlnation shaH be made in the employment of persons under this Agreement because of the race, color, national origin, an<l8Stry, religion or sex of such person. Interest of Conlnlctor. It is understood and agreed that this Agreement is not a contract of employment In !he sense that the relationship of master and servant exists between City and undersigned. At aU tmes, 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 exec:utIng this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an 'ofIicer 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. NAME Gail Seeds. Project Manaaer DEPARTMENT ~ ENTERED Parks & Recreation CONTRACT CO-ORDINATOR and representative for CITY shall be: 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 Agnes Weber -g~ ./ TItle VICe President. Va I Coooer & Associates Soc. Sec. # or Tax 1.0. ~ APPROVALS _... ..pEP NT EAD CITY OF CUPERTINO: By Therese Ambrosi Smith Title Parks & Recreation Director $10,000.00 '-.../., EXHIBIT A Vali Cooper & Associates, Inc. COST PROPOSAL City of Cupertino CONSTRUCTABILlTY REVIEW - Stevens Creek Corridor Park - Phase I Direct Cost Position!Title Loaded Rate Total Hours Total Dollars Tasks/Responsibilities Reviewer $125.00 80 $10,000.00 compile comments based on emailed scope 80 $10,000.00 Other Direct Costs Vehicle 0 $0.00 Cellular Phones 0 $0.00 Computers 0 $0.00 $0.00 TOTAL $10,000.00 Notes: 1) Submission of report to City of Cupertino by December 7,2007 2) Rates valid through December 2007 3) All rates include base pay, fringe benefits, actual audited overhead and fee. 4) All hours are billed in conformance to the California Labor Code. VAll COOPER & ASSOCIATES, INC.