11-078 Hulberg & Associates, Appraisal for Mary Ave Bicycle Footbridge parcel no. 4 CITY OF
�\ ;� AGREEMENT
I_ CITY OF CUPERTINO
1.3� 10300 Torre Avenue
Cupertino, CA 95014 //����,, � - � +�
CUPERTINO 408- 777 -3200 NO.C'VU / 'J /
BY THIS AGREEMENT, m -.e and entered into this 14 day of July, 2011 , by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Hulberg & Associates Inc.; Walt Carney Address: One
Almaden Blvd., Suite 700, San Jose, CA 95113 -2214 Phone: 408 - 279 -152; e-mail: waltWhulberi.conf
(Hereinafter referred as CONSULTANT), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONSULTANT shall provide or furnish the following specified services and /or materials:
An Appraisal for the Mary Avenue Bicycle Footbridge parcel No. Four as listed in the title report.
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 July 14, 2011
and shall be completed before September 15, 2011.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT:
Not to Exceed $3,500 on a Lump Sum 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. A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the extent the
Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the
fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers,
officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attomeys'
fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the
extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees.
B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement indemnify,
defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or
demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to,
or relate to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses
shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation.
Insurance. Should the City require evidence of insurability, Consultant 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 Consultant. It is understood and agreed that this Agreement is not a con of employment in the sense that the relationship of master and servant exists
between City and undersigned. At all times, Consultant shall be deemed to be an independent consultant and Consultant is not authorized to bind the City to any
contracts or other obligations in executing this agreement. Consultant 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:
` ENTERED
Carmen Lynaugh, Public Works Projects Manager
1 9
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.
CONS TA CITY OF PERTINO:
By (or
IT B y C �•
Name: l II"IlQ L Carmen Lynaugh, Publi• o rojects Manager
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Title mg • _te 1 1th %, 1
Soc. Sec. # or Tax I.D 7�' �()S
APPROVALS EXPENDITURE DISTRIBUTION
• T HEAD DATE _ACCOUNT NI IMBFR AMOUNT
7/2‘ 428 - 9449 -9300 $3,500.00$
r4 7/cX _ CLE' :� Ti E
Non - Design Professional Agreement