09-024 Swinerton Mgmt & ConsultingAGREEMENT
/~ ( ~ CITY OF CUPEiRTINO
/ r2 l 10300 Torre Avenue
tV/ / "/ Cupertino, CA 95014
408-777-3200 NO. ~~ ~
BY THIS AGREEMENT, made and entered into this 9th day of March, 2009, by and between the CITY
OF CUPERTINO (Hereinafter referred to as CITY) and Swinerton Management 8c Consulting, Inc., Tom
Loomis, 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:
Construction Management Services on Various Projects
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 March 9, 2009
and shall be completed before May 15, 2009 (1 O weeks).
COMPENSATION: For the full pertormance of this Agreement CITY shall pay CONTRACTOR:
Not to exceed of $ 61,000.00 as fixed fee
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 ANDCONDITIONS
Hold Harmless. Contractor agrees to save and holtl harmless the City, its officers, agents antl employees from any and all damage and liability due
to negligence, errors and omissions, inGuding all costs of defending any Gaim, caused by or arising out of the pertormance of this Agreement- City
shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should the City require evitlence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services
under this Agreement. Saitl Certificate shall be subject to the approval of City':; Director of Administrative Services.
Non-Discrimination. No tliscrimination shall tx made in the employment of persons untler 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 intlependent contractor and Contractor is not
authorized to bind the City to any contracts or other obligations in executing 1:his 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 r~vr'itten 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
CONTRACTOR: ~ CITY OF CUPERTINO:
By / .~~. '~6'T.i~- - By
Title + o ~e ~"'~ ~ ~~c v~~ ~ ~ Ter .Greene, AIA, City Architect
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ALS _ EXPENDITURE
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~~ 1'I0-8101 7014