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00-009 R. Gunn ConstructionCity Cu~ertiu ,~~i ~~ AGREEMENT CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-77'7-3200 ooh NO. ~ ©~ BY THIS AGREEMENT made and entered into on the _ 10TH day of FEBRUARY X~ _ 2000 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) R GUNN CONSTRUCTION ,,2) Address 2639 A TERMINAL BOULEVARD CityM0UP1TAIN VIEW Zip Phone (650) 967-6900 (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: STREETPRINT STAMPED COLORED ROAD BUMPS 'LEST ON RESIDENTIAL STREETS EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT "A" BID PROPOSAL -BID ITEM 4~2 TERMS: The services and/or materials furnished under tf•~is Agreement shall commence on 2/25/00 and shall be completed before 3/31/00 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: THIS IS A PREVAILING WAGE PROJECT 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 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. Nodiscrimination 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 auth~~rized 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 writter~ consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: 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. f/~ CONTRACTOR: / ~- By - - ,~ _ ..____ _ .-. Title eth C . i ck CFO Soc. c. # APPROVALS (CITY OF CUPERTINO: By ~~ Title r/~ f`'~L f ~ i,v~' I.XPENDITURE DISTRIBUTION DEPARTMENT HEAD DAT ACCOUNT NUMBER AMOUNT 2 ll ~ 270-9435-9300 $4,764.00 CITY CLE K TE CITY CLERK COPY