05-113, O'Grady Paving, Inc.
408 777 3333
CITY CUPERTINO
~ 002/003
Cv; -I '::J
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
NO MlJS4J>S7
BY THIS AGREEMENT, made and entered into this 10th day of October, 20~ by and ::.etween the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Name (1) O'GradY pavina. Inc:. (2)
Address 2513 Wyandotte St. City Mountain View Zip 94043 Phone {!i50) 988-1928
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follolNs:
CONTRACTOR shall provide or furnish the following specified servicl!Js and/or materials:
Patching, wedge. cut of existing roadway, overlay, etc. for Poppy Way Improvement Pro, eet
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
See Attached Scope of Services
TERMS: The services andlor materials furnished under this Agreement shall commence on C ctober 10. 2005 and
shall be completed before June 30. 2006
COMPENSATION: For the full performance of this Agreement, CllY shall pay CONTRACTO~:
Amount not to exceed $25,500.00
California Labor Code, Section 1771 requires the payment of prevailing wages to all worke's 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 ;~nd employees from any
and all damage and liability due to negligence, errors and omissions, including all costs of defllnding any claim, caused
by or arising out of the performance of this Agreement. City shall not be liable for acts of :ontractor in performing
services described herein.
Insurance. Should the City require evidence of insurability, Contractor shall file with City 8 Certificate of Insurance
before commencing any services under this Agreement. Said Certificate shall be subject. 0 the approval of City's
Director of Administl'ative 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 ~lmployment in the sense
that the relationship of master and servant exists between City and undersigned, At all tines, Contractor shall be
deemed to be an independent contractor rand Contractor is not authorized to bind the City t) any contracts or other
obligations in executing this agreement. Contractor certifies that no one who has or will hs~e 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
variationl5 of any kind are authorized without the written consent of the City_ ~ ENTERED
CONTRACT CO-ORDINATOR and representative for CITY shall be: - U
NAME
DEPARTMENT
Public Works
ent shall beco effective upon its eJl;ecution by CITY, in witness thereof, the perties have executed this
r first written above.
:~~TINOQ.~
Title Assistant Director of Pllblic Works
EXPENDITURE DISTRIBUTION
~ ~UNT
$25,500.00
j
1\1/ U!-..
WED 10:35 FAX 6509661946
O'GRADY PAVING INC.
141002
~
PAVING, INC.
ASPHALT PAVING' GRADING
October 6. 2005
5ubmiUed to:
AUn:
PhDr)~:
City of Cupertino
Stroot:
Kevin Reiden
408777.3215
Job N8me~
E~tlmato(
City, State, s,'d Zip CodE>
Cupertino. CA
Poppy Way Overlay
.Ioc Location:
Cr.;Iig Young
Cupertino
r---:=:::::':"M,:,:. .
. .._ ....:-.7':'.__J
WE ARE PLEASED TO QUOTE THE LUMP SUM PRICE OF $ 25,500.00 TO DO THE FOlLlNG WORK AT THE
LOCATION NAMED ABOVE,
WORK AREA 225 FT BY 32 FT.
WORK INCLUDES:
WEDGE CUT EXISTING ROADWAY
PATCH 400 SF WITH 4 IN. AC
PLACE PETROMAT
OVERLAY 7200 SQ. FT. WITH 1 1/2 AC
RAISE .MANHOLES
TRAFFIC CONTROL
WORK EXCLUOES:
BOND, PERMITS, FEES, TESTING, STRIPING AND ANYTHING NOT SPECIFICALLY INCLUDED ABOVE
~M'7 ..~ _00' N' _. '" ..... .. ..00 __. .::;:~
We Propose hereby to furnish material and labor.. complete in accordance with above specifications for the sum of:
TWENTY FIVE THOUSAND FIVE HUNDREQ. Dollars ( 2~5QO,00
Payment to be made as follows:
IN FULL ~~pN COMPLETION
~~-""-
All Material is guaranteed to be as specified. All work to be completed in a
worl<rnanlike manner according to standard pracl;ices, Any alteration or
deviation from above specifici,ltions involving extra costs will be executed
only upOn written orders. and will become an extra charge over and above
the estimate. All agreements contingent Upon strikes, accidents or delays
beyond our control. Owner to carry fire, tornado and other necessary
insurance. Out workers are fully covered by Workmens Compensation
Insurance.
Authorized
Signature ._.________
Note: This Proposal may be withdrawn by us jf not
accepted within 60 days
Acceptance of Proposal The above prices, specifications
and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made as
outlined above.
Signature
Date of Acceptance:
(0/(0/05'
I t
Signature ~
2513 Wyondo'11!'? Street. Mountain VI~w. CA 9404~ . felepholle: 650/966- 1926 . Fax: 650/96&.1946
Slale license No. 201696