09-158 COBE ConstructionAGREE=MENT
_~/ CITY OF ChiPERTiNO
/ ~ Z(SY~(~ 10300 Torrs Avenue
l~// Cupertino, CA 95014 p
-~ 408-7773200 NO. ~~~~~~0 p~
l3Y THIS AGREEMENT, made and entered into this ~ th day of December , 2005 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and COBS Construct/on; Dan Piber, Address: 2470 South
Winchester B/vd , Suite O Campbe//, CA 95008;Phone: 408-371-3400; Fax: 408-371-3401; a-mail:
dan@cobelnc.com Hereinafter referred as CONTRACTOR:), in consideration of (heir mutual covenants, the parties
hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Grading at School Parking Lot Curb and Fill new median
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 Agreement shall commence on Decemberl, 2009
and shall be completed before February 26, 2010.
COMPENSATION: For the full pertormance of this Agreement, CITY shall pay CONTRACTOR:
Lump Sum Not to Exceed $ 4,881.00 wfthout Clty approva~i
Callfomla Labor Code, Section 1771 requires the payment of prevailing vwiges to all workers employed on a Public Wortcs contract in excess of
$y,ooo.oo-
GENERAL TERMS AND CONDITIONS
Hold Harmless- Contractor agrees to save and hold harmless the City, its officers, agents antl employees from any and all damage and liability due
to negligence, errors and omissions, Including all costs of defending any damn, caused by or arising out of the performance of this Agreement. City
shall not be liable for acts of Contractor in performing services described here ln.
Insuranc®. Should the City require evidence of tnsurability, Contractor shall mile with City a Certificate of Insurance before commencing any services
under this Agreement. Sold 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 sox of such person.
Interest of Contractor. It is understood and agreed that this Agreement Is n~~t a contract of employment in the sense that the relatlonship 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 Clty to any contracts or other obllgatlons En executing [his 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- Thls Agreement shall not be assignetl or transferred without the written consent of the City. No changes or variations of any kind are
authorized without [he written consent of the Clly.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: Terry Greene DEPARTMENT: Public Works Department
This Agreement shah become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRA~fiOR: _ / Q
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By ,
Title GC ~
Soc- Sec. # or Tax LD- 7~ ~ l .~
APPROVALS
CITY OF CUPERTINO:
By ~~~C. e
Title: erry Greene, AIA, City Architect
ARTM EAD DATE c...-crn a.rr r VKC u151 KIBUTION ~""-
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$ 4
881
00
CITY CLE DAT ,
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E~:HIBIT A
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CONSTRUCTION
r~r
November, 25 2009
Carmen Lynaugh
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Sub: Cupertino Foot Bridge Grading and Eackfill North Side
Re: Proposal
Dear Carmen,
We are pleased to offer this proposal for the grading and back fill work on the North side of the
Bicycle Foot Bridge. Following is a detailed scope of work and a list of proposal qualifications.
Grading
• Grade the existing dirt between the fence and the AC curb.
• The distance between the fence and the existing AC curb is approximately one to two
feet.
• We will grade the dirt approximately two inches below the existing AC curb from one end
of the parking lot to the other.
• The finished grade height at the fence will not change much, we will slope the existing
soil down to the AC curb.
Backfill
• Provide and install top soil material.
• We will Backfill the triangular AC curb island at the entrance of the parking lot.
• We will grade the top soil approximately two inches below the existing AC curb.
Note: We have not planned on using any type oi` electric or gas powered compacting
equipment to achieve a certain compaction percentage. If this is required there will have
to be and extra charge.
COBE Construction Incorporated
2470 S. Winchester Blvd., Suite D, Campbell, CA 95008
Phone (408) 371-3400 Fax (408) 371-3401 License #835122
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CORE Construction Ins;. -Proposal
Mary Ave Foot Bridge
Daily and Final Construction Clean-uo
• Provide labor to keep the project clean anti safe during construction. At the
end of the project, provide a final construction clean up.
Cost $ 4.88'1.00
PROPOSAL QUALIFICATIONS AND PROJECT NOTES
1 . We will insure that all subcontractors will be 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
• Landscaping or any related work (planting trees shrubs ect.)
• Special inspections
• Compacting
We appreciate this opportunity to quote your work. Please call if there are any questions. Dan
can be reached anytime at (408) 4'10-3889.
Daniel W Piber
Project Manager
COBS Construction Inc.
Page 2
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~3 ~ 3 .
OFFICE OF THE CITV CLERK
CITY HALL
'10300 TORRE AVENUE • CUPERTINO, CA 950'14-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
January 20, 201 O
COBS Construction
Dan Piber
2470 South Winchester Blvd.
Suite D
Campbell, CA 95008
To Whom It May Concern:
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
cc: Public Works