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90-039 Clements and Associates; Bus Turnout on McClellan Rd at Blossom Drive 16 Ca 90 ucso )ZO - 94 6 - 953 AGREEMENT OCT _ olrt PUBLIC leu:. 12 :!' to CITY OF CUPERTINO ibir0 1 ,pap.1 P.O. Box 580 14 iyya Gig Cupertino, CA 95015 252-4505 NO. il 7k, ' BY THIS AGREEMENT made and entered into on the 7 day of /V1ou-steEP— 19 % by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) CLEMENTS AND ASSOCIATES (2) Los ,4L7o5 Address 4966 EL CAMINO BEAT. City 1,4 SFW Zip 911022 Phone(415)962-9260 (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: PREPARE COMPLETE ENGINEERING PLANS WITH BID ITEMS AND ESTIMATED QUANTITIES FOR A BUS TURNOUT ON McCLELLAN ROAD AT ROSE BLOSSOM DRIVE AND DESCRIPTION AND PLAT OF EASEMENT REQUIRED. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: LOCATION AND DIMENSIONAL SKETCH TERMS The services and/or materials furnished under this Agreement shall commence on_/Weft. 7, ti 9 6 and shall be completed before IUDII. 3u1 (990 COMPENSATION For the full performance of this Agreement,CITY/shall pay CONTRACTOR:✓ TINE AND MATERIALS NOT TO EXCEED $1,500.00. 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 of every nature, including all costs of defending any claim,caused by or arising out of the per- formance 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 relation of master and servant exists between City and undersigned'.At all times Contractor shall be deemed to be 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 M. GRIGG DEPARTMENT PUBLIC WORKS This Agreement shall become effective upon its execution by CITY, in wit. thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF t /g/, . C By By Lii .. e Titl€ OI/NOW Title ", FIC ENGI EER fire Soc. Sec.it APPRO ALS De.arq, .4 Dat Ci ,e�Sw / Date /_ White-City Ierk Cony Green-Finance Canary Co rectors Coov Pink-Receivina Coev Goldenrod-Department Corm