04-070 MTCI California CorporationAGREEMENT
CITY OF CIJPERTINO
10300 Torre Avenue
Cupertino, ~~A 95014
(408) 777-3200
BY THIS AGREEMENT, made and entered into on the 25th
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) MTCI~'ALIFnRNTA CnRPnRATTON _ (2)
day of JUNE
20 04 ,
Address 1280 BOULEVARD WAY, STE. 200 City WAL]AUT CREEK Zip 94595 Phone (925) 930-0500
(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:
2004 ANNUAL TURNING MOVEMENT COUNTS AT 14 I]JTERSECTIONS
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
SEE ATTACHED BID SUMMARY & MEMO, 2004 CMP ~ u 1(Zt;~ ~,~-j ~~~
TERMS: The services and/or materials furnished under this Agreement shall commence on , 4 ~ 1
and shall be completed before OCTOBER 22. 2004
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
SHALL NOT EXCEED $4000.00
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 Ciry, its officers, agents and employees from any and all damage and
liability, 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.
due t:o negligence, erros and omissions
Insurance: Should the City require evidence of insurability, Contract~~r 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.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME VICKI GUAPO 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:
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By Ely ~ ~ ~l
Title i` ~~~ c l"itle
Soc. Sec. #
APPROVALS ~~ ~., ,~
EXPENDITURE DISTRIBUTION
DEPARTMENT A 7 DATE ACCOUNT NUMBER AMOUNT
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C CLERK (~
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110-8601-7014
$4,000.00
NO. ~~~~
White: City Clerk Green: Finance Yellow: Contractor Pink: Receiving Gold: Department