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02-063 Pavement Engineering, Inc:, AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 77'7-3200 NO. '->~1 -~~ fl~~1I33 BY THIS AGREEMENT, made and entered into on the 25th day of ,uTNF , 200.x_, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) pA~1FTvTFN`j' R_~TT('I;jTT;~I?ITT~~1~Gs _ (2) Address 1301 RAND ST. , STE. D City PETAI,ITMA Zlp9l,95L.-1 1 ~4 Phone (707) 769-5330 (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: PREPARATION OF PLANS & SPECS. AND INSPECTION SERVICES FOR THE 2002 ANNUAL OVERLAY PROJECT EXHIBITS: The following attached exhibits hereby are made part of this Agreement: SEE ATTACHED PROPOSAL MARKED "EXHIBIT A" TERMS: The services and/or materials furnished under this Agreement shall commence on JUNE 25, 2002 and shall be completed before FEBRUARY 28. 2003 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $63, 890.00 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 Ci:y, its officers, agents and employees from any and all damage and liability ' eluding all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liab for acts of Contractor in performing services described herein. ue to negligence, errors and omissions Insurance: Should the City require evidence of insurability, Contract~~r 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 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 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 c:aui~~T~ ~vNAiTr_g _ DEPARTMENT prixT.T~ wnuu~ 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. CONTRACTOR: By ~ ~~- Title ~~~~v~~>~_~rt C;IT E3y Title EXPENDITURE DISTRIBUTION ACCOUNT NUMBER DEP AD AMOUNT ~ 1 CIT / CE RK ! DATE r ~ - /~ 270-9450-9300 61 300 White: City Clerk ,,~ ~ Green: Finance Yellow: Contractor Pink: Receiving Gold: Department U