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80-002 E Miholovich Concrete co. Install concrete slab Mann StationGIN OF CUPERTINO PUBLIC WORKS JUN 13 1980 City of Cupertino AGREEMENT NO. 5 BY THIS AGREEMENT made and entered into on the day of 19 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1)_ Miholovi rh Cancret-P Comp any (2) Address-- 506 Eay-�i°rex City S„nn3 l al P , CA Zip 940RA Phone (Hereinafter referred as CONTRACTOR), inconsideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: Provide and install a Concrete Slab Complete for Four Thousand Eight Hundred Ninety Dollars ($4,890.00) DELIVERY: EXHIBITS: The following attached exhibits hereby are made part of this Agreement: The drawings entitled "Mann Station Concrete Slab" (Exhibit A) TERMS The services and/or materials furnished under this Agreement shall commence on June 1980 and shall be completed before .Tilly 31 , 1980 COMPENSATION For the full performance of this Agreement, uITY shall pay CONTRACTOR: Four Thousand Eight Hundred Ninety Dollars ($4,890.00) 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 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. Mr- g uce Donohue Department Pub 1 i c Works Address 10300 Torre Avenue Cupertino, CA 95014 Telephone 252-4505 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: CITY OF CUPERTINO: By lk A By Title Sec — ' 71 eu Title Assistant City F, gi nPar APPRnVAI S F] LAHBIT A A ti Ari � `�•�• .� ti i