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07-135, Chrisp Company CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO. tft5V ~>7 6.3 BY THIS A MENT, made and entered into this ~day of November, 2007 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Chrisp Companv AGREEMENT F~ r:: f:' d :i'.";;:] ;r,. ' H 1\1 CHRlSf} (2) Address 43650 OSl!ood Road City Fremont Zip 94539-5631 Phone B 510.656.2840, F 510.490.2703 (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: To provide and install metal beam guardrail at Regnart Road/Lindy Lane, which was damaged in an auto accident and responsible party unknown. State of California, Department of Transportation standard plan details A 77 Al & A 77B1. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Quote EXHIBIT A and project plan sheet EXHIBIT B with photos. TERMS: The services and/or materials furnished under this Agreement shall commence on November 12, 2007 and shall be completed before December 5, 2007 o COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to exceed $~ ~h~~ tfiHCJ. - FL ')I;'cKI/.A?ht.Pv--P ;I/:z-II"? I ~ J-<f~ California Labor Code, Section 1771 requires the payment of prevailing wages to alI 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 any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: JEJ ENTERED NAME Vicki Guapo 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:( hfl5{; ((1''I'-fC7 By VI'J y~ rt1~ (;)(~ u ;.0 Soc. Sec. # CITY .r ! -\' \!I~./; By J' I.r' Title Asst. Director of Public Work \\ \t. ~ 9cw-{ -V(~tA'.~ ~~.-fo c:~ ~ fi ~ zI .:n rr ...e-d.. XPENDITURE DISTRIBUTION '11.t. '-~ - . DATE lJ ~ H.t.. · 01 $5,860.00 1/ 't-;K ( 5 DATE 11/20107 -fmo.J standard_agreement.doc [(1,)//<11 Title .Chrisp Company 43650 Osgood Rd Fremont CA 94539-5631 Ph. (510) 656-2840 Fax (510) 490-2703 2280 South Lilac Ave Bloomington CA 92316 Ph. (909) 746.0356 Fax: (909) 746.0354 Quotation Contractors License No. 374600 An General Engineering C-13 Fence, Wire, wood C-32 Highway Improvement Union Contractor I No minority Status TO: Firm: City Of Cupertino Current Date 10/11/2007 Address Bid Datel Time ASAP Job Name Regnart Road I Lindy Lane Contact Vicki Guapo City Cupertino Phone 408 777-3243 Contract No Fax 408 777-3333 Working Days Job site VickiG~cupertino.org Liquidated damages ITEM NO. 1 REPLACE EXISTING BARRICADE WITH 1 SUM $5,860.00 $5,860.00 METAL BEAM GUARDRAIL ( Signs and Hardware supplied by city ) EXHIB1T A ........................................................................................................... ......................... .................... ~r.~~~~..~.~!'!.~.~~~.~~.i.~~..~~...~~g~.i.~~.~..~.~!~.~..!.~..~r.~~~~.~!.~.9..~~~.~..~~r.~.................. Total $5,860.00 ACCEPTEI P.O Number .................................................................................................................................................................................... TITLE:Job Number ...................................................................................................................................[............................................... ..................................... Exclusions: Bond Rate 1.5% ADDENDUMS NOTED Chrisp Company reserves the right to withdraw proposal if written acceptance is not received within 60 days of bid date Chrisp Company Requires Unobstructed access to Work Areas for Men and Equipment t~:~:~~~i.~~i~a:~~~~~~it~~J:if~~:~:~i~~ir.i~~~..~~J~.~~:~.~~.~..p..~~.~.~.~~.~~.~.~~~.!~.~.~..~~.~~~~....................................................................... Installation or removal of temporary delineation except as provided above. ................................................................................................................................................................QUOTE.PRE.PAREO..S.y.........DAN..AZC.UETA....................... CHRISP COMPANY I Annotation Abc Street Names Address - CityBoundary Street Centerline [J ParcelOutline Right-of-Way Parcels ~ Aerials - 2006 City of Cupertino NEW F-OfbSe.p <3[l-\AI'20~1L. SCALE 1 : 403 A ~~.., 20 0 I 20 FEET Ol.b END-oF - R.CAP S'(5TE~ I 40 I 60 <D CA W:31 ~ @ OM4-1 (r<ED) @ TYPE P (STATE.) - OM~f'. ~ EXHIBIT B ~ O~\~ ~. ~~ fl..O' ~ http://mapguidesvr/cupertinoassessor/home/mapFile.aspx Monday, October 08, 2007 7:58 AM IA , ~'~~S:~~-:;~ . _.'; . ...~ '-:-~-~:' "-. ,-,. Regnart/Lindy Lane - old end-of-road system damaged in August 2007 \"