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• I <br /> AGREEMENT OF CONTRACT AMENtENT <br /> BY THIS AGREEMENT OF CONTRACT AMENDMENT made and entered into on the <br /> 14th day of June, 2007, by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred <br /> to as TOWN) and: <br /> Mark Thomas & Company, Inc. <br /> 20833 Steven Creek Boulevard, Suite 104 <br /> Cupertino, CA 95014 <br /> (408) 253-7863 <br /> (hereinafter referred to as CONSULTANT). In consideration of their mutual covenants, the <br /> parties hereto agree as follows: <br /> 1. CONSULTANT. Shall provide or furnish the following specified services and/or materials: <br /> Additional engineering design services of the Rule 20A Utility Undergrounding Project as <br /> outlined in Exhibit"A." <br /> 2. EXHIBITS. The following attached exhibits hereby are made a part of this Agreement: <br /> Exhibit"A": Scope of Work and Budget from CONSULTANT <br /> 3. TERMS. The services and/or materials furnished under this Agreement shall be completed in <br /> accordance with the schedule included in Exhibit"A." <br /> 4. COMPENSATION. For the full performance of this Agreement of Contract Amendment: <br /> a. TOWN shall pay CONSULTANT: Time and materials in the amount of not-to-exceed <br /> $71,700.00 including additional engineering design services in the amount of$29,700.00 <br /> as further described in Exhibit"A". <br /> 5. GENERAL TERMS AND CONDITIONS. <br /> a. HOLD HARMLESS. CONSULTANT agrees to indemnify, defend and hold harmless <br /> the TOWN, its officers, agents and employees from any and all demands, claims or <br /> liability of personal injury (including death) and property damage of any nature, caused <br /> by or arising out of theepperformance of CONSULTANT under this Agreement. <br /> b. INSURANCE. CONSUL-TA shall file with the TOWN a certificate of insurance <br /> before commencing any services under this agreement meeting minimum coverage <br /> requirements established by TOWN's City Manager. <br /> c. NON-DISCRIMINATION. No discrimination shall be made in the employment of <br /> persons under this agreement because of the race, color, national origin, age, ancestry, <br /> religion or sex of such person. <br /> d. INTEREST OF CONSULTANT. It is understood and agreed that this agreement is not a <br /> contract of employment in the sense that the relation of master and servant exists between <br />