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05-076, JJR Construction, Inc. AGREEMENT NO. CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 0l5lJS-4-77 I> BY THIS AGREEMENT, made and entered into this 3rd day of August, 2005, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and JJR Construction, Inc., 1120 Ninth Avenue, San Mateo, CA 94402 Phone (650) 343-6109, FAX (650) 343-6207 (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: Concrete, asphalt, and labor to install to completion a ramp and path on Stelling Road and Alves Drive EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibits A & B TERMS: The services and/or materials furnished under this Agreement shall commence on _AuqustJL200_~__ and shall be completed before Auqust 31.2006 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $12,500.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all worke~s e loyed on a Public Works contract in excess of $1,000.00. ENTERED 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. CONTRA,CT CO-ORDINATOR and representative for CITY shall be: NAME Glenn Goepfert 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: ;j.J. R, C 0?'1,S 1~/.VCr, p.,-L T_ CITY /" ) ...., ". -4( b By La~f~, ~JC'~/. By ... ' Title J'[:6' f)-4Ik~~t./ Title Soc. Sec. # AMO T $12,500.0 FRlJr1 : Ci t':j of Cupertino FAX NO. :4087773399 Aug. 03 2005 08:59AM P2 From: 08/01/2005 17:15 #215 P.OOI/002 J.J.R. CONSTRUCTION, INC. 1 8/1/05 City of Cupertino Att: tcane Wolfe. RE: Stelling Road @ Alves Drive Ramps & path J.J.R. Construction Is pleAsed. to submit a lump sum priced proposal contract to complete the following work for the referenced job above, -. 1) To remove existing and construct two 8.cc8!IBability ramps. 2) To remove existing and constroct asphalt path (approx 400'/st) . All work to be perfonned as discussed in the field with J.l.Raposo, Vicki Ouapo and tane Wolff- Note: J,J.R. does not guarantee that drainage issue will be resolved after construction. LUMP SUM -- $12,500.00 EXCLUDES: Landscaping, iITigation, elElCltrioal. plwnbing, night or weekend work. colored or architexual concrete. steel plating. atom or catch basin work, permitss fees. survey or engineering, layout, any item not 8pe~ifically mentioned is considered excluded. Signature ofaec ~^'~ ~auo~ - 1120 Ninth Avenuel San Mateol Ca. 94402 PH .650-343-6109 FX.650-343-6207 ~A~ / ~ fJ' ~ O(~ G () . ~ .... ~~ ~~ ~1' /Uc I ~o; ~E>.