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09-145 W.I.P. Mechanical, Inc., Jet Trench Debris Screens°rrr °r AGREEMENT /_ CITY OF CUPER'fINO .1~ ~t / r/ ~03Q0 'Torre Avenue currlltlT. /"1 `T ~ Cu4perti~~r7~3200~14 NO~~~6G.~d BY THIS AGREEMENT, made and entet~ed into ihia day of ~. 2009, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and W.I.P. Mechanics!. Inc, Address P.O. Box 707. Victor. CA 96253, Phone: Z09-339-SS18.(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenarrts, the parties hereto agree es fdiows: CONTRACTOR shall provide or famish ttte following spiacified services and/or materials: Jet ttvrtch debris screens EXHIBITS: The following attached exhibits hereby are nnsde part of this Agreement: Atfaohed Exhibit "A° TERMS: The services andkX materials fumBhed under this Agr+eerrtent shah commence on November 3, ZOOS and shall be oomp~ted before fJecember 31, 2009. COMPENSATION: Far the full performance of this Agre~errient, CITY shall pay CONTRACTOR: Lump Burn no! to exceed of 519,438.93 Cawomia tabor Coda. Section 1771 regvlres the payment of pnevailing wages to all workers employed on a Public VVorks contract in excess of s~.ooo.oo. tiElrERAL Tt~riM8 ANO CONDI'1'tOWa Hotel t'iNrnlaaa. COntraCew agnee8 t0 88Ve atilt hold harmless the City. its olllr~rs, agents and employees tram any acid aA damage and WatNNty due to ris#Igerkae, errors and orrysslorts, inducting ap casts rN deterkikg any dalm, caused by w arising out of the performance of this Agroertient. City shah not be INWIe for ads of Contractor M psrfwming servk:es described herein. Inaawance. ShoiAct the City regains evidence of insurabtllty, Contractor anaN tits vNth City a CertilicaFe of InaurenCe before corrrrnenckrg any services under this Apraanient. SaW CeANteata shall be subject to the approval of City's Director of Adminis6rativa Services. Non-DlserbnlnaLOn. No dfsaMnlnaMOn ahaN be made in the employment of persons under this Agreemenrt because of the race. Dolor. national origtrt, ancestry. relipbn w scot of such psrswt. InbfNt o! CortRSacbo' It fs understood and agreed that this Agnsement b not a contract of empoyment in the sense that the relatioruhip of nester anti servant exists between City and understgnad. At all dmea, Contactor shag be deemed to be an independent contractor arxr Contracbr is not auttwrtzsd .o birW the City to any contracts a other obiipatlons in exaditing fftks agresrrteird. CoMractw certifies that no one who has w will have arty t iritarest uMsr this Agreement is en otttoer w employee oK City. authorised wtthouttheits~consent of the w ~~ writMarA Ore written ~~ of the City. No changes w variations of any kind are ~~ CONTRACT CCi-0RWNATOR and repretrentative for CITY shall be: l~ ~''°~'~T] t~1°i NAME: Tent' W. Greene, AIA 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. CONTRACTOR: ,. By ~ Title C ~O G ~''~' T~oc I.Q. or Soc. Sec. # Sj - ~ / f~ APPRAVALS CITY OF CUPERTINO: By 7»_' Terty W. Greene, AIA, City Ar+cttitect EXPENDITURE WSTRtBUTtON . i~ ~ ~~~ a S ~ 42t--42x1-4 - - 14 .43 GTY CL.ER ' iJ. DATE ~~/SIO ~~ O o J ~1 ~ ~_~ W.I.P. MECHANICAL, INC. P O BOX 707 Victor, CA 95253 Name /Address City Of Cupertino Drew Golkar Quote Date Estimate # 7/6/2009 355 Description Qty Rate Total let trench debris screens 3- coarse and 3 fine screens built as per drawings. 6 2,500.00 15,OOO.OOT Frames for Jet trench debris screens. 3 sets of two, left and right sides. 3 250.00 750.OOT TBcM if I need to go and field measure and install it will be at $80.00 an hour 0.00 0.00 Freight approximately 200.00 200.00 2-4 week lead time ADDER FOR EXTRA SCREEN 0.00 0.00 4X4 SS#316 woven mesh .047 wire backing for the three fine mesh filter screens. 300.00 300.OOT weld the 4X4 mesh to frames for backing of the fine mesh for extra support 3 520.00 1,560.OOT Sales Tax for Santa Clara Co. 9.25% 1,628.93 IF QUOTE IS EXCEPTED PLEASE SIGN AND RETURN WITH PO NO. $17,810.00 S u btota I Any Scope of work not defined herein will be extra. Proposal may be withdrawn by us if Total $19,438.93 not accepted within 15 days. Signature Phone # Fax # (209)339-8518 (209)339-4888 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-322:1 • FAX: (408) 777-3366 WEBSITE: www.cupertino.org CUPERTINO November 10. 2009 W.I.P. Mechanical, Inc P.O. Box 707 Victor, CA 95253 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