10-087 Drew Golkar, Blackberry Farm Infrastructure Upgrades Project, PO No. 00057024 AGREEMENT
g3 61 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014 X70 Z
408- 777 -3200 NO.
BY THIS AGREEMENT, made and entered into this day of , 2010, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Drew Golkar, Address: 10153 Denison Avenue, Cupertino,
CA 95014; Phone: 408 - 896 -0050; e-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 specified services and /or materials:
Project and Construction Management Services on Blackberry Farm Infrastructure Upgrades Project and
other related projects as may be necessary and 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 Agreement shall commence on August 1, 2010
and shall be completed before January 31, 2011
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed $ 42,000.00 based on a Time and Materials Basis, Hourly rate of $40.00, without City Approval
California Labor Code, Section 1771 requires the payment of prevailing weges 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 - 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. p,
d!,a D
.1( "NT
CONTRACT CO- ORDINATOR and representative for CITY shall be:
NAME: Terry Greene DEPARTMENT: Public Works Department
This Agreemey* . I , -come -ffe - pon its execution by CITY, in witness thereof, the parties have executed this
Agreemept-'tti da = d year 1 : -n above.
CON - ' CT CITY OF C PERTINO:
Tar
By L _dills By
Title 'Lt 1JGt'AML Title Terry Greene, AIA, City Architect
Soc. Sec. # or Tax I.D
APPROV LS EXPENDITURE DISTRIBUTION
R HE u DATE ACCOUNT NUMBER AMOl1NT
f 7.17. / v 427 - 9135 -9300 — BBF Infrastructure $ 42,000.00
CITY CLERK DATE + •
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