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05-081, Nor-Cal Metal Fabricators HU~ 4 .~~ 14:46 FROM 5102082838 AGREEMENT PAGE.002 CITY OF CUPERTINO 10300 Torre Avenue Cupertino. CA 95014 408-777.3200 NO. 032094 !~ BY THIS AGREEMENT, made and entered into this !f1' day of August. 2005~ by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Nor-Cal Metal Fabrit:ators Address: 11213'" Street, Oakland, CA 94607;Phone: 510-836-1451; Fax: 510-208-2838j ..mail: michae/@no-mf.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: Fabricate and deliver steel base for Morlon sciJlpture .' . . ExHIBITS: The following attached $xhibits hereby are made part of this Agreement: EXhibit.. A'.' propo$al TERMS: The'.Mi'Vices andlor'mateiials' fumished under this Agreement shall c9mmence on 'Aug. 5, 2005 .,' and shall be. completed before Sept. 9, 2(J(J5~ COMPENSATION:' For1he full performance of this Agreement, CITY shall pay CONTRACtOR: . Not to et6eed $..18,000.00 plus tax, . lor a total of $ 19,485.00 . c;Slifomia LabOr. COde..SeCtion 1771 requires the',payment of prevailing wagGS to all workers Gmployed on a.Publlc Works contract In exooss of $1,000.00. '. r.: r' !;l CENERAL TERMS AND'CONDlTlONS' . fJold ttlllm'ltet'S.. COntractor-agrees to save'and.hoId hannt.ess the City, its officel'$. agent$ and em.ployees from any and all damage and liability due to negllge~, .errors and omissions, Including all costs of defending any claim, caused by or arising out of the perfOlTTlance of this AgllHJmsnt. City shall not be Hable.for acts of. Contractor in perlo.iming $el'Vices described I'lerein. '. Insurance. Should the City' requim evidence of insurabllity, Contractor shall file with City a Certificate of Insl:lTanC9 befom.c6rhm9l1Cing any serv1c9s under this Agreement. Said Certificate shall be .subject to the approval of City's Director of Administrative Ser:vloes. Non-Dlserlmlna1fon. No disctimination shall. be made in the employment of persons under this Agreement b9cause of the race, color,. national origin, ances'by"reIigion or sex of sUCh.person. . . . . Interest of ~tr;u:tor. It Is understood and agreed that this Agreement is not a contract of employment in th.e sense .that' the relationship of master and servant eXiStS between City arllfundersigled, At all times, Contractor shall be deemed to 00 an Independent COI'Jti'actor and Contr"ctor is not authorized to bit'ld the City to any oontracts or other obrrgations in executing this agreement. Contractor certifies' that no one who has or will have any financial mt9r.est uooerthis AgreEiment is an officgr or employee of City. Changes. "Fhis:'.Agreement shall nOt be assigned Clr transferred without the written consent of the City. No changes. or vWlatiorls of any kind are authorized without. the written corisent. of the City. '1J ENTERED CONTRAct'CO-OADiNATOR and representative for CITY shall be: NAME: Terry Greene. DEPARTMENT: PubliC WorkS Department This Agr:eemi;t'nt shall become effective upon its execution by CITY, in witness there6f, the patties have executed this Agreemenqhe day and year first writ1E!n above. . . By Title ., ,. Soc. Sec. #:otTax tD.. By Title: Carmen Lynaugh, P. '. APPROVALS. ,'. . . . . EXPENDITURE DISTRIBUTION ~~;~1:-1~4q/OJ/ I iOl:NT I .. $ ~.oo .. ** TOTAL PAGE.002 ** t1U\;l <+ '1O::J ~:~~ r~UM 5102082838 EXHIBIT A PAGE.002 - IiiiI Nor-eal Metal Fabricators 11213rd Street, Oakland, CA 94607 510l83~1451 FAX 510/2'08-2838 To.: Carmen Lynaugh and Terry Green City of Cupertino Fax'# 408-777-3333 08/04/05 We are pleased to submit our quote for the Marion base as follows: .). ". 1 set, welded and deliver to. job site @ $18,000.00 plus tax if req'd Lead time: 4 weeks after approval of shop drawings Term.: net 30 D~e.to.thc time constrain, please let us know as soon as you can so. we can move forward with this project. rt~~... ..... ~lTt.n ~ . President ** TOTAL PAGE.002 **