10-062 Tucker Construction, Inc., Mark Tucker, Mary Ave Bridge Privacy Screen Area Work AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408 -777 -3200 NO. IM-
BY THIS AGREEMENT, made and entered into this 16 th day of June , 2010, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Tuck +sr Construction, Inc.; Mark Tucker, Address: 1725 -D
Little Orchard Str"K San Jose, CA 95125; Phone: 4(18- 287 -1424; Fax: 408 - 287 -1448; 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 Ave. Bicycle Footbridge Privacy Screen Area Work: Place Top Soil and Jute Matting on various locations
and Repair Ex. Fence in various locations
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal Marked "Exhibit A"
TERMS: The services and/or materials furnished under this Agreement shall commence on June 16, 2010
and shall be completed before August 25, 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Lump Sum Not to Exceed $ 5,240.00 witirout City approval
California Labor Code, Section 1771 requires the payment of prevailing wages to aft 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 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 arry kind are
authorized without the written consent of the City. %J D 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: I CITY OF CUPERTINO:
B C ; Y-CL V By
Title A 1 1 56 k& Title: Terry Greene, AIA, City Architect
Soc. Sec. # or Tax I. D. * 72-1246& ' Z
APPROVA EXPENDITURE DISTRIBUTION
E DATE
.•'LZ �► O 428 -944 0 $ 5,240.00
CI ERK D
i
mi rr
EXHIBIT A 7
T "W I Cot I( E & R
CONSTRUCT ION, INC.
June 10, 2010
Darius Golkar
City of Cupertino
10300 Torre Ave
Cupertino Ca 95014
Re: Mary Ave. Bridge Privacy Fence RFP Revised
Dear Darius,
We are pleased to submit this revised estimate for the additional items beyond
the scope of work that we discussed. I have provided a breakdown below for
your review. Item 1 will be covered by the contract work. Please call if you have
any questions or comments.
1. Ease the grade at the Top -of -Slope near the new privacy contract work
fence and remove dirt around (e) trees
2. Till the dirt and introduce at least 6" of top soil. Remove 3140.00
portion of fence for distribution on North side.
Materials
7 yards of topsoil delivered 600.00
Fence boards and hardware 100.00
Labor to bring soil back up hill, place new topsoil and
alter fence for access
12 hrs @ 90.00 1080.00
18 hrs @ 50.00 900.00
Equipment 460.00
Backhoe rental
3. Cover exposed dirt with Jute matting and expose crowns
around existing trees 1750.00
Materials 550.00
Approximately 3000 sqft of jute matting
and stakes
1725 -D Little Orchard Street, San Jose, Ca. 95125 (408) 287 -1424 Fax (408) 287 -1448
Tucker Construction, Inc. EXHIBITA 2
Labor
5 hrs @ 90.00 450.00
15 hrs @ 50.00 750.00
6. Repair existing fence in 5 locations 350.00
Materials 50.00
Labor
6 hrs @ 50.00 300.00
Total $5240.00
Thank you for the opportunity to submit this estimate.
Sincerely,
iWark 9'ucker
Mark Tucker