09-125 Precision Concrete CuttingAGREEMENT
CITY OF CUPERTINO
UPERTtNO /~_ ~ ~~ 10300 Torre Avenue
//~( Cupertino, (:A 95014 p.
408 '777 3354 NO. ~ . ~a l
BY THIS AGREEMENT, made and entered into this d-.7 day of ,~~ 2LQ,~ by and between the CITY OF
• CUPERTINO (Hereinafter referred to as CITY) and Precfsi'On Concrete CuitJng, P.O. Box 80'13, Postal' City,
CA 94404 {Hereinafter referred as CONTRACTOR), In ocxmsideration of their mutual covenants, the parties hereto
agree as follows:
CONTRACTOR shall provide or furnish the following speclfieed services andlar materials:
Remove sidewalk trip hazards on specified streets ,and/or addresses in Cupertino, as has been identified
by the City. .
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A
TgRMS: The services and/or materials furnished under this Agreement shall commence on September 9, 2009
and shall be completed before June 34, 2010 or unfit all (trip hazards in the areas identified by the city
have been cut ar the Nat-taExceed dollar amount h:as been reached, whichever occurs first.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Total charges for services rendered shall not exceed $25,000
GENERAL TERMIS AND CONDRiONS
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 orr~issians, including ail costs of defending any claim, caused
by or arising out of the performance of this Agreement. City shaA not be liable for acts of Contractor in performing
services described herein.
Insurance: Should the City require evidence of insurability, Contractor shalt file with City a Certficate of Insurance
before commencing any services under this Agreement. :.aid CertiFcate shall be subject to the approval of City's
17irector of Administrative Services.
Non-Discrimination: No discrtmination shall be made in the empbyment 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, ContracXor shall be
deemed to bean independent contractor and Contractor is not authorized to bind the City to any contracts or other
obligations in executing this agreement. Contractor certfies 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 Clty. No changes or
variations of any kind are authorized without the written consent of the City.
CONTRACT CO-0RDINATOR and representative for CITY shall be:
ENTERED
NAME: Glenn Goepfert, Assistant Director DEPARTMENT: Public Works Department
This Agreement shall, become effective upon its execution b~y CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRAC R:~ CITY OF CUPERTINO:
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EXPENDITURE DtSTRIBUTtON
p DATE ~
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~`~(` E~-~-~1 tai $25,Ob0.Obt.
ER DATE ~ ~ 7 t.~ •ZT -