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08-008, O'Grady pavingvc/cv/cvv~ ~+. i ~ inn +vv ~ ~ i VJVV Va, ~ vv,..n,ynv .~y..~, ... AGREEMENT ~ CITY OF CUPERTINO 10300 Torre Avenue ~ 0 Cupertino, CA 9501a ' 406-77?-3200 ~ NO. BY THIS AGREEMENT, made and entered Into this 27'h day of Februanr, 2008, by and between the CITY OF CuPERT7N0 (Hereinafter referred to as CITY) and O'Grady Paving; Inc., 2513 Wyandotte St.. IMount~llst V[ew~ Ca 9dOd3 (650) 966=1926 ~ (Hereinafter referred as CONTRACTOR), In consideration of their mutual covenants, the parties hereto agree as follows: ~ ~; CONTRACTOR shall provide Or famish th® following specified services ani d/or materials: Repair of P2tvem®nt at Specified Locations ' I EXH181TS: Tile following attached exhibits hereby are made part of this A®re®ment: Attached Exhibit A ; TERMS: The services and/or materials furnished under this Agreement shall oomrnence on Febtvaty 27, 2009. and shall be completed before ~pLil 30 2008 , COAAP>~NSATION: For the full performance of this Agreement, CiY`f shall pay CONTRACTOR: An Amount Not;to Exceed $20,000.00 Califomla Labor Code, Seaion 1771 requires the payment of prevailing wages to all woAtera employed on a VuDlie Worlca contract In ~xeeas of Et,000.00, i GENERAL PERMS AND cONDmONS Ftold Harmless. Contractor agrees to save and hold t-snnless the City, its o~cers, agents and employeoa from arty and all damage and Gabdity due to nQytipancm, orror~~and omlaaiona, including ea 00919 of defend'mg any Geim, cau^aA ny or erliing out o! the performance of this Af~roement. City shall not be liable foriacts of Contractor in parfortning acrvlCes descrlDed herein, ' Insurance. Should the City ryqulre evidence of ir>sutabiiity, Contractor shall ffie with Gity a CeRifiCato of Insurance betbre oommeneing any Servio0t under this Agreement. Sold Certir~te shall be su4ject to the spprovol o! CKy'a plrectar of Adrninistrdtive Servlees. Non-Discremirtation; No Glborlminatlon 9hatl be made in the employment of persons under this Agreement O~aaute Of the race, color, na~londl orlgln, anpestry, rel{glon or sex of such person. j Interest of Contractor. It a understood and agreed that this AgreerMnt is not a eontrpU o~ employment In the sense that the relationship of master and servant exists between City and undersigned. At nq ttmea, Contractor shall be deemed to be an independent contractor end Contnetor it trot authorized to hind the Cigr to any GOntrattS or other obligatlone in execvting thl~ lyrammeril. Contractor CertlRSS that no one who hat or will Rave any fnanaal interest n~nder this Agreement is an officer or employe0 Of City. Changes. T7118 Agreoment 6ha11 not be settlgned ter trtln6lbrroG wkh0ut the wfittBll corwent of the Clry. No changes or varietlons of any kind are OuthOr(ied without thm written consent of the Ciry_ ~ ! CONTRACT CO-ORDINAYOR and representative br CITY shall be: NAME: Glenn Goepfert DEPARTMENT: ;Public Works This reement come ®ffectivt3 upon its execution by CITY, in w Hess thereof, the partl@s have executed this A eme t day an year first written above. (CONY TO :. CI RTINO: ay 13y Tide ~ O f~ /~~ ~ G~~ Glenn Goepfert, Assistant Director rks T As~ OVALS ~ ~CPENDITURE DISTRIBUTION oA1'E ~ ~ 2~o-seso~soo ; s2o,oo0.00 RI( Z. Z-~ _ ~ j ~ i I I Z00'd ~~~~i 800Z-9Z-8d,3 2~ ~$ ' ~ ~ ~~ ~. c~ Tom Ogrady, ~„ ~~titi~ '~ ~--'-- Please take a look at the following locations and give us a price for the work. Stevens Creek Blvd not marked out but the potholes are obvious. Kevin Rieden City of Cupertino 408-205-6326 ~~ ~k • NB Stelling Rd after 85 overpass before Tomki Ct -sinkhole (400sf) 6" • 10746 La Roda Dr -sinkhole near manhole (40 sf) 4" • 20011 Suisun Dr @ Blaney Ave -sinkhole near crosswalk (40 sf) 4" • 20861 Tula Ct -raised manhole (skin patch to level) 4" • 10347 Tula Ln -sinking patches (50 sf) 4" • 10440 Miller Ave SB -sinking patch (25 sf) 6" • 7570 Normandy Ln -sinkhole (100 sf) 4" • Stevens Creek Blvd WB @ Target near bus duck out -pothole (,?~ ~ aC!C~ sfj 6" ~ ~~~ EXHIBIT A