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03-011 Treadwell & Rollol~~ ~ GT~ ~ / UPE TIN AGREEMENT ~ ~ ~ ~~ CITY OF CIJPERTINO u 10300 Torre Avenue Cupertino, ~A 95014 (408) 777-3200 NO -~~~ BY THIS AGREEMENT, m~and entered into on the 18th day of February , 20 03 , by and between the CITY OF CUPERTINO (Hereinafter referred to a.s CITY) and Name (1) Treadwell & Rollo _ (2) Address 555 Montgomery St., Ste. 1300 City San :arancisco, Zip 94111 Phone (415) 955-9040 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenant , e parties hereto agree as follows: ONTRA TOR shall provide or furnish the following specified services and/or materials: c~~l ~iTYLcaC~t ~rl G'~~eq`lviJ S><R-vKtS r~p~~2Tixt~ iN q~e~oprN~ wm4 AR-oPosn~., hArT--~ 2~ N~~~I~.Br~- ~av~-'~~ EXHIBITS: The following attached exhibits hereby are made part of this Agreement: 1 Geotechnical investigation for library site ~[ TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on February 18, 2003 and shall be completed before June 30, 2003 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to exceed $25, 000.00 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 including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liat>ie for acts of Contractor in performing services described herein. ~ due to negligence, errors and omission: Insurance: Should the Ciry 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 Ciry'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 cor~tracts 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 Terry Greene 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. CONTRACTOR: By ,,~.5,/ ~a~ e r /c~~~- Title Pi~.~nc~,~~ ~~ - 3 c~ or.;c 2; D . '~ , a APP OV S C-1TY OF CUPERTINO: ~y Title Senior Architect EXPENDITURE DISTRIBUTION E A~~COUNT NUMBER AMOUNT - O CITY LERK ATE -S-O~- o White: City Clerk Green: Finance Yellow: Contractor ~ r Pink: Receiving Gold: Department