10-079 Precision Concrete Cutting, Remove Sidewalk Trip Hazards on Streets and/or Addresses in Cupertino, No. 00057031 •
AGREEMENT
CITY OF CUPERTINO
CUPERTINO 10300 Torre Avenue
( Cupertino, CA 95014
408 777 3354 NO. / /J
0 J/
BY THIS AGREEMENT, made and entered into this 5 'day of At/ , 2010, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Precision Concrete Cutting, P.O. Box 8013, Foster City,
CA 94404 (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:
Remove sidewalk trip hazards on specified streets and /or addresses in Cupertino, as has been identified
by the City.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A
TERMS: The services and /or materials furnished under this Agreement shall commence on August 10, 2010
and shall be completed before June 30, 2011 or until all 1:rip hazards in the areas identified by the city
have been cut or the Not -to- Exceed dollar amount has been reached, whichever occurs first.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Total charges for services rendered shall not exceed $25,000
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 any kind are authorized without the written consent of the City.
CONTRACT CO- ORDINATOR and representative for CITY shall be: v � T D
NAME: Glenn Goepfert, Assistant Director 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.
CONTRACTO : CITY OF CUPERTINO: a
By VI CY7i2 A-U KL e By ' 40, � � IF _..
Title . 7 7 4.6 - 57 Title + ` ' . 0
Tax ID#
APPROVALS EXPENDITURE DISTRIBUTION
' TMENT . • / R. DATE _ikOCOIINT NtJMRFR AMOUNT
• = • • - 8-t6• It In _ g 61300 $25,000.00
CITY CLERK 4 , DATE t ry/ /rr�l
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