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10-042 Tri Valley Builder, Mike Foulds, Minor Repairs at Blackberry Farm Picnic Area AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 03 2888 408 - 777 -3200 NO. BY THIS AGREEMENT, made and entered into this 13th day of May , 2010 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Tri Valley Builder; Mike Foulds; Address: 10031 Pioneer Ave., Oakdale, CA 95361 Phone: 925 - 339 -2334; e trivallevbuilder 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: Complete Minor repairs at Blackberry Farm Picnic Area EXHIBITS: The following attached exhibits hereby are made part of this Agreement: None TERMS: The services and /or materials 20 under this Agreement shall commence on May 13, 2010 and shall be completed before June 30, COMPENSATION: For the full performance of this Agreemert, CITY shall pay CONTRACTOR: Not to Exceed $ 3,500.00 based on a Time and Materials Basis without City approval 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 due t o a n d lig en e ce , errors and Contractor including all costs of defending any claim, e caused by or arising out of the performance of this Agreement. City to negligen, eors an shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence the approval of City's Direc o of Administrate Insurance Services. insuraility, Contractor shall file with No before commencing any services under this Agreement. Said C ertificate shall be 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 en City and undersigned. At all times, Contractor shall contract of to be an independent contractor relationship of is not and t ohorized to servant exists ind betty the City City authorized bind ity to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will ave 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: Terry Greene DEPARTMENT: Public Works Department 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: B - r s By hiorp � 0 Title: Terry Greene, AIA, City Architect Title Soc. Sec. # or Tax APPROVALS EXPENDITURE DISTRIBUTION AM(�I RT T E r , 'AT ` / / L3 -911 NU -9300 MBER $ 3,500.00 V ` r 2- 911 CITY CLERK '` lit ATE � / w ybp/70