09-026 Mimi Braatz & AssocAGREE~JIENT
CITY OF CUF'ERTINO
- ~ ~ '10300 Torre Avenue
Cupertino, C,4 950'14 / ~-7
408-777-3200 NO. ~~b ~ /-S-
BY THIS AGREEMENT, made and entered into this '12th day of February, 2009, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Mimi Bnaatz and Associates, 651 Willow Glenn Way, San
Jose, Ca 95125 Contact: Mimi Braatz: Phone: 408-294-:!197; Fax: 408-998-5825; E-Mail: braatzm@aol_com
(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: Mary Avenue Bicycle
Footbridge Dedication Plaque: Design, Coordination, Fa6~rication and Delivery
EXHIBITS: The following attached exhibits hereby are made ~~art of this Agreement: Proposal; EXHIBIT "A"
TERMS: The services and/or materials furnished under this Agreement shall commence on February 12, 2009
and shall be completed before June 1, 2009
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed
$8,000.00 on a T8.M 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-Discrimination. No discrimination shall be made in the employment ~~f 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 n~~t 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 i5 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 stlall be: ~ E71('I'ERED
NAME: Terry W. Greene, AIA 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.
CONTRACTOR / ~ (/ CITY OF CUPERTINO:
By I~IVt71~~-Cf'I~-~~~~~~/,1~cI~~~IIL~( ~~ ~~- BY ~~~
Title ~ /~'~'Jt~)-( ~-i ~ ~ ~ _ ~ ~l TerFjr W. Greene, AIA, City Architect
Soc. Sec. # or Tax I.D.# 7 7L7 ~~ ~ ~ 7 ~/-S
APPROVALS
EJi:PENDITURE DISTRIBUTION
T H 1 / TE O• Q~
1~/~
428-9449-9300
$8,000.00
CIT LERK D4T ~~ O ~ T> , O
J
EXHIB~[T A
.~+~
;:~
...
iii tiSt~CIBSi
DATE: 2/ 12/09
CLIENT: City of Cupertino
SCOPE OF WORK: Dedication Plaque Mary Ave. Footbridge
Design, Project Coordination and Fabrication stainless steel plate, maybe 1/4 to 1/2 inch
thick and at least 22"x32". Copy provided. (May be mounted it to one of the large granite
boulders we're installing at the entry plaza, or mounted to afree-standing steel post near
the southern end of the bridge. TBD)
ESTIMATE TOTAL: Not to exceed $8,000
OFFICE OF THE CITY CLERK
CITY HALL
~ 0300 TORRE AVENUE • CL'PERTINO, CA 950143255
TELEPHONE: (408) 777-3223 • FAJC {408) 777-3366
WEBSITE_ www.cupertino.orq
CUPERTINO
March 19, 2009
Mimi Braatz and Associates
651 Willow Glenn Way
San Jose, CA 95125
To Whom It May Concern:
Enclosed for your records is a fully executed copies of the agreements with the City of Cupertino. If you
have any questions or need additional information, please contact the Public Works department at (408)
777-3354.
Sincerely,
CITY CLERK'S OFFICE
Enclosure