97-034 Tally's Enterprises Storm drain manhole, curb inlet, Project 97-106AGREEMENT
CITY OF CUPERTINO
&Cit,3, of 10300 Torre Avenue
Cupertino Cupertino, CA 95014
408-777-3200 NO.
BY THIS AGREEMENT made and entered into on the day of A or 199'T -
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Tally's Enterprises (2)
Address 1610 LaPradera City Campbell Zip 95008 Phone 866-7875
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows: Contractor's Lic. No. 641792, B-1, C-8
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Install storm drain manhole, curb inlet and 20 L.F. of 12" RCP on Stelling Rd. (1352)
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: None
TERMS: The services and/or materials furnished under this Agreement shall commence on April 28. 1997
and shall be completed before June 2, 1997
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $9,500. 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 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. 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 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 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:
NAME Carmen Lynaugh
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.
CONTRACT R: CITY OF UPERTINO:
BY By
Title Title Public Works Pro ' ' cts Ilan er
Soc. Sec. # 541'
APPROV
EXPENDITURE DISTRIBUTION
DEPAR D Ti
ACCOUNT NUMBER
AMOUNT
215-9620-953-003
$9,500.00
CITY CL RK
FA
CITY CLERK COPY
("itN, c>I
Cupertino
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
(408)777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS
PROJECT NUMBER 97-106
CONTRACT CHANGE ORDER NO.2
Contractor
Tally's Enterprises
2175 La Miel Way
Campbell, CA 95008
The following changes are hereby approved:
2A. Exposed Aggregate and Color Concrete $ 806.20
Total Change Order No. 2 $ 806.20
Total Project:
Original Contract
Change Order No. 1
Change Order No. 2
Revised Contract
CONTRACTOR
Title
Date
$ 125,860.00
76,765.00
806.20
$ 203,431.20
CITY OF CUPERTINO
Bert J. Viskovich
Director of Public Works
City Council: April 6, 1998
Resolution No. 98-080
Printed on Recycled Paper