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00-045 Top Grade Construction ~c~ ~-~ cuPE~T ~~i~, AGREEMENT CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 BY THIS AGREEMENT, made and entered into on the by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) TnP G$A17F. C(1NRTRTT('.TTf1N _ (2) / NO. S ~ a`~ y oG PUBL~~ ~"t~RKS ~~~~ ~Y ~; "7~~~ day of FEBRUARY , 200..0._, Address 324 EARHART WAY Ciry LIVE]::MORE Zip 94550 Phone (650) 44g-5764 (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: STREETPRINT STAMPED, COLORED ROAD BUMPS TEST ON RESIDENTIAL STREET EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT "A" -BID PROPOSAL -BID ITEM 4~2 TERMS: The services and/or materials furnished under this Agreement shall commence on FEBRUARY 28, 2000 and shall be completed before rf-; 2g, ~OO(~ COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 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, 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 TO NEGLIGENCE, ERRORS 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 undersigred. 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 sf'~all be: NAME VICi~I GUAPO DEPARTMENT PUBLIC WC1FtNS This Agreemen II become effective upon its execution by ~~ITY, in witness thereof, the parties have executed this Agreement t day and year first written above. CONTR T CITY OF CUPERTINO: By E3y ~ ~ Title Robert L. Fi er, Executive Vice Pres. l-itle TRAFFIC ENGINEER Soc. Sec. # APPROVA EXPENDITURE DISTRIBUTION DEPARTMENT DATE ~, , P.000UNT NUMBER AMOUNT ~ J CITY LERK DATE Q~ 270-9435-9300 $5, 42$ ~V~ White: City Clerk ~ v Green: Finance Yellow: Ccntractor Pink: Receiving Gold: [)3epartment S~Ant By: TO'P_GRA~ ; 925 449 5875; 27 Jan'00 2:OOPM;Job 942; Page 2/3 BID PROI~OSAL TU: '1'Hl: llil~(;'1'Ult Ul~ PUBLIC' WORKS, CITY OF CUPERTINO, STATE Ur GALITO1tN1A Dear Sir: I have road the proposal letter and visited Portal Av~!rrae. I propose to do all the wort: ro4uired to install City approved stamped and color for the installation of road bumps to complcciua according to the specifications and the prices set forth in the following schodule. 1 further understand that said prices include, a!i costs including, but not limited to, local, state and federal taxes, and transportation costs. .. 1 also understand that the quantities shown bolow are estimated estimates only, being given as a basis for comparison of bids. Thy City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or deore:JSr the amount of any class or portion of the work or to omit items or portions of work deemed unnocessary by the Enbinec:r. The City of Cupertino n:3Lrvc the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous 1>'rapoRal, to nj~;ct arty ur all bids, or to waive any irrogularities in the procedures. The work to bz ds~ne ct~r-si3c~l «f fiunishin6 all labor, methods ofptbcess, tools, machinery and material required to complote the Stamped acrd Cnlnred Rnad Bttny~ lrertr~llateua. Jn the event of discrepancies between the written unit price and the numerical unit prico, the written unit price ahxll govern. E5TlMATED QUANTTTTF,.3 BID ITEM LST. QTY. UNIT 1"1'>rM 8c WRITTEN UNIT PRICE UNIT PI{ICTs '1'U"I'AL 1. 1 Lump Sum Traffic Control $ /GL~Ct~../LS $ ~G,i'2~G?~ 2. ? Each Install City Standard Stamped Colon~d Road Dumps $ Z~ 7~~~/Ea. $ S~Zf~. ~ 3. 4 Sot Install Traffic Signs $ ~~~~ lSut $ Shp, ~_ p (Set ~ 1-W37 81: 1-W6 (15 MI'H)) ''ll ~ , d. 4 l:;ach Install Sign Posts $... /Q~ fb /Ea. $ 7Q~ Qp 5. 4 leach Install Tratfiic Striping and Pavement Markings = `RUMP" $.,. „ 3, ~ /13a. $ TOTAL PRO.i1/CT $ 9 ~• ~ Cont<•actorsNa,nc: T G DE CONSTRUCTION INC. Address: ..... _, ._ 3 Earhar W i ve ore CA 9455Q - B _ \ y' ~~ ~Rabert L. Fisher, Executive VicEr President ` ~~ Contract~.~rs I,.icc;nse No.: 592597 A .__........~_.. $ramptd Colored Ruud Bump Bld rropo„t ~ r Papa 1 of 1