05-063, O'Grady Paving
08/29/2005 07'53 FAX 408 777 3333
CITY CUPERTINO
JI D <)(;'1 C)
~ 002/002
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014 /f1\fJ rA 7 .., 7
408-777-3200 NO.(/~.;? ~ ~
.....-:-
BY THIS AGREEMENT, made and entered into this ~day of ::..JuN<;" 2005, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and O'Grady Paving, Inc., Address: 2513 Wyandotte Street,
Mountain View. CA 94043, Phone: (650)966.1926. Contractor's Lie. #- 201696
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified sel"ices and/or materials:
Pavement Restoration on Stevens Canyon Road
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit UA" Proposal Fax
-L..... Ql!!lVi~s and/or materials furnished under this Agreement shall commence on JU~y ~05
, . -... .....umpleted before August 1, 2005 - 0 ENTERED
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Based on T&M with a maJeimum not to exceed $8.80 per S.F. of patching area for a total of $34.000.00
califomia Labor Code, Section 1771 rsquirss the payment of prevailing wages 10 all workers employed on a Pllbllc Works contract in e)(cess of
$1,000.00.
GENERAL TERMS AND CONDITlOtllS
Hold H8rml8515. Contractor agrees to save and hold hannlllSS the City, its otlicers, liIgents and smployees from any and all damage and liabilitY due
Ie neglleenc:e, errors and omiSSions, including all CXlISts 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 servlc:es described herein.
Insurance. Should the CIty require evidence of insurabilitY. Contracror shall file with Cily a Certiftcate of Insurance before c-.ommencing liIny services
under this Agreement. Said Certificate llhall be subject to the approval of City's DireClOr of Admlnlstra~v8 Services.
Non-Discrimination. No dlscriminalicn shall be made In the employment of persons under this Agreement because of the race, color, national
origin, ancestry, religion or Be)( of such person.
Interest of Contractor. It is underslOOd ;,tnd agflled that this Agreement is not a corlltact of employment in the sel'lse that the relationship of master
and lIervant EUtislS bellNeen Cily and underaigl'led. At all times, Contractor shall be deemed to be an independent CXIntrador and Contr.aclor is not
aulhorized 10 bind the City to any contracts or other Obligations I" executing this agflll!mtml Contractor certifies that no one who has or will haVEl
any financial Interest under this Agreement Is an officer or employee of City.
Changes. This Agf'8ement shall not be assigned or transferred without the: written consent of tl'1e City. No changes or '1-arl-atlons of IIny kind are
authQrized without the written conaent of the Clly.
CONTRACT CO-ORCINATOR and representative for CITY shall be:
NAME: Carmen Lynaugh
DEPARTMENT: Public Works
come effective upon Its execution by CITY, in witness thereof, the parties have executed this
ear first written above.
By
Title
Clrt' ~ CUPERTINO:
BY~
Carmen Lynaugh. Public
L
nagar
EXPENDITURE DISTRIBUTION
270-9450-9300
$34,000.00
05/16/05 MaN
23:38 FAX 6509661946
O'GRADY PAVING INC.
~001
O'Grady PAVING, INC.
ASPHALT PAVlNG & GRADING
2513 wyandotte Street
Mountain "'ew, CA 94043
650,966.1926
Fax 650.966.1946
oa~: _ 5/17/ 0<',
Fax Transmittal.
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