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09-156 COBE Construction, Concession Stand and Kiosk Building CountersAG REEIVIENT ,/ CITY OF CUPERTINO _S 10300 Torre .Avenue ~t~7 r /may 3 ~ Cu408-777-3200014 NO. (/l/~ J ~6CT / BY THIS AGREE T, made and entered into this 1 st d:ay of December , 2009 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and COKE' ConstructJon; Oan Piber, Address: 2470 South Winchester Blvd., Suite O, Campbei/, CA 95008,;Phone: 408-37l-3400; Fax: 408-37l-3401; a-mai/: den@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 speciifled services and/or materials: Lowering of Concession Stand and Kiosk Building Counters EXHIBITS: The following attached exhibits hereby are made Frart of this Agreement: Proposal Marked "Exhibit A" TERMS: The services and/or materials furnished under this Al~reement shall commence on December !, 2009 and shall be completed before February 2B, 20lO. COMPENSATION: For the full performance of this Agreement:, CITY shall pay CONTRACTOR: Not to Exceed $ !0,270.00 California Labor Code, Section 9779 requires the payment of prevailing wa£ies to all workers employed on a Public Works contract in excess of $9,000.00. 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 due tc negligence, errors and omissions, inGuding all costs of defending any dainr, caused by or arising out of the perfomtance 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 Certlftcate of Insurance before commencing any services under this Agreement. Said CerUflcate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discriminatlon 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 nct a contract of employment in the sense that the relationship of master and servant exists between Clty and undersigned. At all times, Contractor strall be deemed to be an independent contractor and Contractor Is not authorized to blvd the City to any contracts or other obllgaUons In executing this agreement. Contractor cerflfles 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 [he City_ No changes or vartations of any kind are authorized without the written consent of the Ctty. CONTRACT CO-ORDINATOR and representative for CITY shall be: ~ r~P7+rn rn NAME: Terry Greene DEPARTMENT: Public Works Department rjj7,~jJ~ 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: By Title /'O ~ G( Soc_ Sec. # or Tax I.D. APPROVALS CITY OF CUPERTINO: Title_ Terry Greene, AIA, City Architect EXI~ENDITURE DISTRIBUTION TMENT DATE .. 427-9112-9300 S '10,270.00 Y K DATE~~~ .5'/O ~~~-IIBIT A CQBCE CONSTRUC-PION .r. November, 25 2009 Carmen Lynaugh City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Sub: Blackberry Farm Re: Proposal Dear Carmen, We are pleased to offer this proposal for the work at Blackberr~~ Farm. Following is a detailed scope of work and a list of proposal qualifications. CMU Wall SCOPE OF WORK Cost S 5.288.00 Demolition • Remove existing stainless steel sheet metal top. (Note: We plan to reuse the existing sheet metal top.) • Remove plywood and framing. Concrete sawcut and demo • Sawcut existing CMU wall. • Demolish and haul off CMU block. Note: We plan to sawcut the CMU wall to make it lower in order to achieve the proper ADA height on the existing counter top. Roush Carpentry • Provide and install new PT lumber and plywood. Note: We will build the new top to match the existing top reusing the existing sheet metal cap. The design of the top will not change from what was originally installed. Daily and Final Construction Clean-uo Provide labor to keep the project clean and safe during construction. At the end of the project, provide a final construction clean up. Note: 1 have assumed the existing roll up door will close after the CMU wall is cut down and the top has been re-installed. It appears to be the same as the other door that is lower. We will not know until we cut the wall and lower the door. If the existing door doe;: not work we will have to get pricing for a new door_ 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 Mary Ave Foot Bridge 4X12 Wood Tou SCOPE OF WORK Finish Caroentrv Cost 5 4.982.00 • Set up template. Router out a step in the top as close to the existing windows as possible. • Router out the remaining portion of the existing wood top. • We will router out the correct amount of wood to achiE~ve the proper ADA height around the entire surface of the wood top. • We will router a % to '/. inch radius in the step and front edge of the top. • Sand top to a smooth finish. Painting • We will eye match existing paint color as best as pos<_.ible. • Paint all new exposed areas of the wood top that are ~~reated by the router process. 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. 2. We have not included any of the following: • No overtime • No structural engineering • Existing code violations • Handling and disposal of hazardous wa;:te • Permits • Bonds • Liquidated Damages • Landscaping or any related work • Special inspections • Electrical • HVAC • Any sheet metal work • Over head doors We appreciate this opportunity to quote your work. Please cal if there are any questions. Dan can be reached anytime at (408) 4'10-3889. ~.~/Q- K.c_~Y. C.G// G~I.rC -G Daniel W Piber Project Manager COBE Construction Inc. Page 2 OFFICE OF THE CITY CLERIC CITY HALL '10300 TORRE AVENUE • CUI~ERTINO, CA 950'14-3255 TELEPHONE: (408) 777-3223 FAX: (408) 777-3366 WEBSITE: www.cupertino.org CUPERTINO January 20, 20'10 COBE 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