10-013 H.T. Harvey and Associates CITY OF AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014 NO. '74 .4.
C O P E RT II N• 408-777-3200
BY THIS AGREEMENT, made and entered into this 5th day of March, 2010, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Name: H.T. Harvey & Associates, attn. Dave Johnston
Address : 983 University Avenue, Bldg. D, Los Gatos, CA 95032; Phone: 408 - 458 -3200 ext. 3226
(hereinafter referred as CONTRACTOR), in consideratior of their mutual covenants, the parties hereto agree as
follows: CONTRACTOR shall provide or furnish the following specified services and /or materials:
Steven Creek Corridor wildlife survey - survey trees at Blackberry Farm west bank picnic area for presence of
protected bats and birds prior to tree trimming and removal work, survey to include walnut tree no. 304 and selected
limbs per City direction. Contractor to confirm findings in a written email communication to City.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: not applicable
TERMS: The services and/or materials furnished under this Agreement shall commence on March 8, 2010
and shall be completed before March 31, 2010
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed $1,500.00 to be paid on a Time and Materials Basis
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 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 performance of this Agreement. City
shall not be liable for acts 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- Dlscriminatlon. 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 execLting 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: ENTE1
NAME :Gail Seeds, Stevens Creek Corridor Project Manager 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.
CONTRAC OR: CITY OF CUPERTINO:
By By
Title Presient Terry Greene, City Architect
APPROVAL EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
ENT � ■str D' e G 427- 9112 -9300 $1,500.00
INEWSALIMMAIV: TE, - /e 5 ' .3 11 I 0