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89-002 Ambo Engineering, sidewalks per PW Project # 88-118 specsCity of Cupertino 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 January 9, 1989 Ambo Engineering, Inc. 34151 Zwissig Way Union City, CA 94587 AGREEMENT P.O. Box 580 Cupertino, California 95015 We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Ambo Engineering, Inc., which has been fully executed by City Officials. Your Agreement shall commence on date of the notice to proceed and shall be completed before the expiration of 30 working days. Sincerely, - J DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works AGREEMENT CITY OF CUPERTINO P.O. Box 580 Cupertino, CA 95015 252-4505 020375 NO. BY THIS AGREEMENT made and entered into on the 16th day of N aLemher 19 88 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) AMBO ENGINEERING. INC. (2) Address 34151 Zwissig Wy. City_ Union City Zip 94587 Phone 7-2424 (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: FOR GRINDING OF SIDEWALKS AS SPECIFIED IN PROJECT 88-118 SPECIFICATIONS. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT "A" — SPECIFICATIONS FOR SIDEWALK GRINDING, PROJECT 88-118 EXHIBIT "B" — BIDDERS PROPOSAL FROM AMBO ENGINEERING, INC. TERMS The services and/or materials furnished under this Agreement shall commence on date of the notice to proceed and shall be completed before the expiration of 30 working days. COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: $13, 407.75 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 of every nature, including all costs of defending any claim, caused by or arising out of the per- formance 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 relation 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: NAME TRAVICE WHITTEN t9R — aOJ3 Z,97 ko DEPARTMENT PUBLIC WORKS This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agre ment,,the day and year first written above. .4Ii/Id30 EIVG.L' � 1-N I1VC CON ROR: CITY OF TIN : BY _ BY Title R Si Title See—.S&e . # White -