09-040 Drew GlokarAGREE~~IENT
CITY OF CUF'ERTINO
(~ ~~ 10300 Torre Avenue
~ 0 Cupertino, C.A 95014
408-777-<5200 NO. ~~~ '~
~~
BY THIS GREEMENT, made and entered into this 15th day of April , 2009, by and betwee~~~tTY OF
CUPERTINO (Hereinafter referred to as CITY) and Drew Go/kar, Address: 10153 Denison Avenue, Cupertino,
CA 95014; Phone: 408-896-0050; a-mail: darius@golkar.us Hereinafter referred as CONTRACTOR), in
consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specifiecl services and/or materials:
Project Management Services on Various Stevens Creek Corridor Park Project Components as Directed by
the City Architect
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: None
TERMS: The services and/or materials furnished under this ~~greement shall commence on May 1, 2009
and shall be completed before January 31, 2010
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed $ 60,000.00 based on a Time and Materials Basis, Hourly rate of $40.00
California Labor Code, Section 1771 requires the payment of prevailing w~~ges 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 pertormance of this Agreement. City
shall not be liable for acts of Contractor in performing services described herE;in.
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 riot a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contractor :hall 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 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: ~ ~~~E~
NAME: Terry Greene DEPARTMENT: Public Works Department
This Agreement shall become effective upon its execution b~~ CITY, in witness thereof, the parties have executed this
Agreement the day air d-yea( firs~nrritten above.
CONTRACTOR: j ,./ CITY OF CUPERTINO:
By ~ ' ~ By _ -clip--
Title 1~C5. Title erry Greene, AIA, City Architect
Soc. Sec. # or Tax I.D 620-34-8275
APPROVALS
~r
E:><PENDITURE DISTRIBUTION
D TE
A N HE
~
~ , O ~E27-9112-9300 $ 60,000.00
CITY DATF„~ aG ~~ ~
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