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10-025 Stonesculpt, Oleg Lobykin AGREEMENT - -- CITY OF CUPERTINO �� s'' 10300 Torre Avenue / / � 3 ') Cupertino, CA 95014 � � ' .......-- �1 408- 777 -3200 AML NO. G' /4 I'h A r. zap THIS AGREEM T, made and entered into this 1,76 day of Math , 2989 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Stonescw'pt, Oleg Lobykin; Address: 538 Sacramento Street, East Palo Alto, CA 94303; Phone: 650 - 575 -9683; e-mail: oleg(d..customstonecarving.com. 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: Mary Avenue Bicycle Footbridge Project: Re- Installation of the Quail Sculptures EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Estimate marked "Exhibit A" TERMS: The services and /or materials furnished under this Agreement shall commence on April 13, 2010 and shall be completed before April 30, 2010 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed $ 3,400.00 on a Fixed Fee Basis California Labor Code, Section 1771 requires the payment of prevailing wages to all 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 clairn, 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: ` ENTERE NAME: Terry Greene DEPARTMENT: Public Works Department 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: // T_ By i' 4 1- By � `�" �.. Title E11f "Q Title: erry Greene, AIA, City Architect APPROVALS / /'� 4 EXPENDITURE DISTRIBUTION `J9 �L.�. ' E I I / V H T CQUN r ER T AMOUNT 1 �I28 -94 9 -930 9300 /j/ $ 3,400.00 C CLERK i s I `T to T) N _! l'T Oleg Lobykin, dba Stonesculpt Estimate 538 Sacramento Street _ - - East Palo Alto, CA 94303 Lic. #843237, Tel. (650) 575-9683 4/12/2010 1220 www.customstonecarving.com BiliTo City of Cupertino Terry W Greene 10300 Torre Avenue Cupertino, CA 95014 EXHIBIT A Description Qty i Rate Total Installation of eight (8) bronze quail sculptures over a 3,400.00 3,400.00 granite boulder Scope of the work: 1. Removal of ten stainless steel pins 2. Increase size of 16 holes for bird legs 3. Footprint adjustment over the granite surface 4. Epoxy injection 5. Installation Time to project completion is 2-3 days. Subtotal $3,400.00 Sales Tax (8.25%) $o.00 OsV Total: '---