09-006 Swinerton Management & Consulting, IncAGREEIMENT
J3~i4
CITY OF CUPERTINO
10300 Torrey Avenue
Cupertino, C;A 95014
408-777-3200
NO. /~/1T}~6~ ~~
BY THIS AGREEMENT, made and entered into this !3'~`day of January, 2009, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Swinerton Management 8~ Consulting, Inc., ,Address: 4055
Nelson Avenue, Concord, CA 94520, Phone: 925-602-6464
(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:
Mary Avenue Bicycle Footbridge Project: Additional Cc-nstruction Management Services for Landscape and
Entry Plaza
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: None
TERMS: The services and/or materials furnished under this Agreement shall commence on January 15, 2009
and shall be completed before May 31, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Based on T8~M with a maximum not to exceed of $ 100,O~D0.00
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 C:ity'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 i~: 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 Cite.
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: ENTERED
NAME: Terry W. Greene, AIA 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.
3
CONTRALTO CITY OF CUPERTINO:
By /T~~,~.w__...__
By
Title /'o ~~ C~~ ~k. ~ c ~ ~~~ Terry W. Greene, AIA, City Architect
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ACCOUNT NUMBER
AMOUNT
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(~(, (,~( ~ ~ 428-9449-9300 $100,000.00
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