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09-064 COBE Construction, Dan Piber~3~ AGREEN7ENT CITY OF COPE=RTINO 10300 Torre pwenue Cupertino, CA 95014 408-777-3200 No. off' .5~6~3 ~' ~ SY THIS AGREEMENT, made and entered into this 26 th day of May 2009, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY} and COBS Construction; Dan Piber, Address: 2470 South Winchester Blvd., Suite D, Campbell, CA 9500$;,Phane: 408-371=3400; Fax: 408-37!•340!; a-mail: dan@cobeinc.com Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specia~ed services andior materials: For the Repair of the Linda Vista Park Bridge EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal Marked "Exhibit A" TERMS: The services and/or materials furnished under this Acreement shall commence on May 28, 2009 and shat! be completed before July 30, 2009 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed $ 9,834.00 without a City appravai 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 ANb CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liabihry due to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shat) not be liable for acts of Contractor in performing sernces described herein. Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commer;cing 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. II is understood and agreed that this Agreement is nal a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shoo be deemed to t}e an independent contractor and Contractor rs nat authorized to bind the City to any contracts or other obligations in executing phis agreement. Contractor certifies that na one who has or will have any financial interest under this Agreement is an officer or ernployee 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-ORDlNATOR and representative for CITY shall be: ~°"~ ~~~~~ NAME: Terry Greene DEPARTMENT: Public Works Department 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: , _.~ Title /-'r.e11d~~~ Soc. Sec. # or Tax I.D. J>' i}tDr{'~rd©1 APPROVA CITY OF CUPERTINO: E;y Title: Terry Greene, AIA, Gity Architect J `PL i~'~ tJ" ~~ v' +•~ `l/ L.~ . `1 _ U y s 5130-9246-9300 / ( S 9,834.00 I CITYCLERK ( / DATE I ~/w~liAl ~iJ t ~.._.--}'Lri~~ I 6/,~jo~ EXHIBIT A C0~3E CONSTRU(=TION May 15, 2009 Carmen Lynaugh City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Sub: Cupertino Library 10800 Torre Ave. Cupertino, CA 95014 Re: Foot Bridge Decking Dear Carmen, We are pleased to offer this proposal to remove and rE~place the decking on the existing foot bridge at Linda Vista Park. Following is a detailed proposal with a scope of work and a list of proposal qualifications. SCOPE OF WORK Mobilization Demolition Pick up & deliver materials. Safe off area around the foot bridge. Keep area safe for pedestrians during the course of construction. Remove existing 4X12 decking on footbridge. Remove existing 4X12 railing on bridge. Haul off all debris created by the work on the bridge. Rouah Carpent • Provide and install new decking on existing footbridge. Note: New decking material will be 4X6 P T Dbl T 8~ G Cedar Tone Brown. Lead time for the material is three Hreeks due to fabrication and pressure treating process. • Provide and install 4X12 GDF for railing along the sides of the bridge. Note: The height of the existing railing is not ADA compliant. The new railing will match the existing which will not be ADA compliant. • The new decking will be installed in the same manner as the existing using lag bolts into the existing beam. • The new railing will be installed in the same manner as the existing with lag bolts. COBE Construction Incorporated 2470 S. Winchester Blvd., Suite D, Campbell, CA 95008 Phone (408) 371-3400 Fax (408) 371-3401 License #835122 COBE Construction Inc. -Proposal .4 Foot Bridge Linda 1/ista Park ~, Daily and Final Construction Clean-up • Provide labor to keep the project clean and safe during construction. At the end of the project, provide a final con~~truction clean up. Cost: $9,834.00 PROPOSAL QUALIFICATIONS AND PROJECT NOl"ES 1. We will insure that all subcontractors will tie given subcontracts to protect the property owner, client and COBE Construction, maintain current insurance (liability and workers compensation), provide proper lien releases, and have proper licenses and bonds required by the State of California. We have not included any of the following • No overtime • No structural engineering • Existing code violations • Handling and disposal of hazardous waste • Permits • Bonds • Liquidated Damages We appreciate this opportunity to quote your work. Please call if there are any questions. Dan can be reached anytime at (408) 410-3889. ~a~.z~ c~ Gc/~c~~c Daniel W Piber Project Manager COBE Construction Inc. Page 2 CUPERTINO June 17, 2009 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • C;UPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 W EBSITE: www.cupertino.org COBE Construction c/o Dan Piber 2470 South Winchester Blvd, Suite D Campbell, CA 95008 To Whom It May Conceni: Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino. If you have any questions or need additional information, please contact the Public Works department at (408) 777-3354. Sincerely, CITY CLERK'S OFFICE Enclosure