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08-083 Basin Research Associates, Colin BusbyJul 29 08 10:57a BASIN RESEARCH ASSOCIAT CITY OF ~01~ ~ CUPERTiNO 510#430-8443 p.2 AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupe~tino, CA 950~t4 408-777-320 U N 032779 BY THIS AGREEMENT, made and entered into this 28 th day of J~[ly, 2008, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name: 8asin Research Associates, Golin 1. Busby Address : 9933 Davis Siree~ Suite 2i0, San Leandro, CA 94577; Phone: 5'10-430.8441 (Hereinafter referred as COhlTRACTOR), in considerati~n of their mutual covenan#s, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specif~ed services and/or materials: Steven Creek Corridor Park- Cultural And Archeological Resources Evaluation on an "ON CALL" Basis EXHIBITS: The following attached exhibits hereby are made part of this Agreement: NIA TERMS: The services andlor maberials furnished under this Agreement shall commence on July 28, 2008 and shall be completed before May 31, 2009 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed $3,000.00 to be paid on a Time and Materials Basis California Labor Code, 5ection 1771 requi~es the payment of prevailing wages to all workers employed on a Public Works contracl in excess of a~ .ooo.oo. GEMERAL TEWl1S AND CdtJDlTIONS Hold Harmless. Contractor agrees to save and hold harmless the Cily, its officers, agents and employees irom any and all damage and liability due ta negligence, errnrs and omissions, including all costs of defending any claim, caused by or arising oul of the performance of this Agreement City shall no[ 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 oi Insurance before commencing any services under this Agreement. Said Certificate shall be subjed to the approval of City's Director of Administcative Services. Non-OEscrimirzation. IVo discrimination shal! 6e made in the empioyment of persons under lhis Agreement because of the race, color, national origin, ancestry, religion or sex of sucn person. Interest of Contractor. It is undersiood and agreed that this Agreement is not a contract of employment in the sense that lhe relationship oF inaster and servaRt exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractar and Contractor ~ not authorized to bind the Ci1y to any coniracts or other obligations in executing this agreement. Contractor Cert'rfies that no one who has o~will have any financial 3nteresi under this Agreement is an ofiicer or employee of City. Changes. This Agreement shatl not be assigned or transferred without ihe written consent of the City. IVo changes or variations oF any kind are author¢ed without ihe written consent of the City. CoNTRACT CO-ORDINA70R and representative for CITY shall be: ~~(T~~L~T'1 ,. ~ r~~1 NAME :Gail Seeds, Stevens Creek Curridor Restoration Manage~ DEPARTMENT: Public Wor€cs This Agreement shall become effective upon its execution by CITY, in witness thereof, the pa~ties ha~e executed this Agreement the day and year first written above. CONTRACTO :~4SIv- I~Sea~~ ~mJ"°'~°%/ b-`' • CITY OF UPERTINO' BY By cn. Title t'~~ Terry Greene, City Architect Soc. Sec. # or Tax I.d. #~. Q~PROVALS EXPENDlTURE DISTRtBUTI~N P E D ~y , v ~ •~ 427-9112-9300 $3,000.00 CITY CLER ~ TE G -08 0 Jv - ~~ ''