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00-011 Zumalt EngineeringAGREEMENT 0~( CITY OF CUPERTINO ` ,~ ~ City of ~ 10300 Torre Avenue (~" Cupertino ~~' Cupertino, CA 95014 O 408-777-3200 NO. BY THIS AGREEMENT made and entered into on the _ 14th day of January 2000 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Zumwalt Engineering Group (2) Address 2680 Bishop Dr., Ste. 150 City San Ramon Zip 94583 Phone (925) 830-5016 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following spe~;ified services and/or materials: Project Management Services for Bollinger Road Bicycle Facility Improvement Project EXHIBITS: The following attached exhibits hereby are m~ide part of this Agreement: EXHIBIT A TERMS: The services and/or materials furnished under tYiis Agreement shall commence on 1 / 18/00 and shall be completed before 12/31/00 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount Not to Exceed $15,000 GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harn-~less the City, its officers, agents and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for ~.cts 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 City's Director of Administrative Services. Non-Discrimination. Nodiscrimination 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 relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed to bean independent contractor and Contractor is not auth Drized 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 Raymond Chong DEPARTMENT Public Works This Agreement shall become effective upon its execution Icy CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: B~c~,~~~~GC~ Gt Soc. Sec. # ~P~3 -- APPROVALS c~ITY OF CUPERTIN fay "title City Traffic Engineer I.XPENDITURE DISTRIBUTION DEPARTMENT HEAD DAT ACCOUNT NUMBER AMOUNT 9 ~ 270-9443 " ~ $15,000.00 CITY C K ATE DD CITY CLERK COPY