11-114 Agreement, Stonesculpt, Mary Ave Bicycle Footbridge Project, (Don Burnett Bicycle Pedestrian Bridge) AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
V 4 ( Cupertino, CA 95014 ��±
408 - 777 -3200 NO. $V.....<7
BY THIS AGREEMENT, made and entered into this 26th day of October , 2011, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Stonesculpt, Oleg Lobykin; Address:
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 Plaque on Boulder
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 October 26, 2011
and shall be completed before December 31, 2011
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed $ 1,200.00 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 shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents,
employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any
of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to
the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall
not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful
misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert
fees and all other costs and fees of litigation.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every
subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails
to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section.
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: ENTERED
Carmen Lynaugh, Public Works Projects Manager, phone: 408- 777 -3215
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: '
APPROVALS EXPENDITURE DISTRIBUTION
EEART HEAD DATE _ ACCOUNT NUMBER AMOUNT
. )! — (/ 110 - 8101 -7014 $ 1,200.00
Cl 'yPT IA , DATE 1 / , j f IL 1
EXHIBIT A
471,,,R-4.- - , A.t.-i-
Oleg Lobykin, dba Stonesculpt Estimate
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www.CustomStoneCarv]ng.com
City of Cupertino
Terry W Greene
10300 Torre Avenue
Cupertino, CA 95014
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Plaque Installation 1,200.00
1,200.00
Scope of work:
1. Removal of old plaque on granite boulder
2. Installation of new plaqu e
Price not to exceed: