10-049 The Bowan Company AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014 0 3 2 8 9 2
408- 777 -3200 NO.
BY THIS AGREEMENT, made and entered into this 'day of ("in , 2010, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and The Bowan Company, 4061 Castro Valley Blvd #406, Castro
Valley, CA, 94552, (510) 356 -2750, (Hereinafter referred as CONTRACTOR), in consideration of their mutual
covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and /or materials:
Provide and install slide gate operator and related hardware per attached quote.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A, "Quote"
TERMS: The services and /or materials furnished under this Agreement shall commence on June 15, 2010 and shall l j
be completed before September 30, 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
•
Payment to be made on a sump sum basis, in an amount equal to $12,500.
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 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
to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance 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 Certificate of Insurance before commencing 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. It Is understood and agreed that this Agreement is riot a contract of employment in the sense that the relationship 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 City to any contracts or other obligations in executing this 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. 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- ORDINATOR and representative for CITY shall be:
NAME: David Stillman 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.
CONTRAC OR: CITY OF CUPERTINO:
Title cceC - let: Title 5 /cdiCe Civ« &Pt;,A-e rC,
APPROVALS EXPENDITURE DISTRIBUTION
4 =• RTME : D / DATE W r.OUNT NUMBER AMOUNT
_ r 0 110- 8602 -7014 $12,500
INF .4 DATE/ _ 7_
4 79/1 °
RECEIVED
PUBLIC WORKS DEPARTMENT
JUN 0 a 2010
QJ u
The Bowan Company EXHIBIT A
See, Control, Protect Your World
Date: May 17, 2010
Project: Villa Serra TOC Yard Gate Operator
Job Location: Cupertino, CA
Nick Mirkovich, West Builders, Inc. 1608 Fourth Street, Suite 120, Berkeley, Ca 94710
510 -525 -9378 (0), 510 -525 -9336 (F), 510- 772 -1515 (Cell)
Submitted To: runirkovich @buildwest.net
Jim Robinson Ph: 510- 356 -2750 Cell: 510- 754 -2222
Submitted By: Email: jim @thebowancompany.com
Qty Heavy Duty Hydraulic Slide Gate Operator $ 12,500
Major Material To Be Supplied & Installed
1 HYS - 222E -ST -208 -1 SlideDriver 40 (Hydraulic rail drive slide operator, 208V AC 1PH)
1 Drive Rail
1 Operator Mounting
1 Safety Photo Eye (Across Driveway)
1 Linear AP5 RF Receiver
4 Linear ACT -3IB Transmitters
1 Miller Safety Edge (Trailing Edge)
1 Linear Miller Edge Transmitter (MGT)
1 Gap Filler Pieces (UL -325 Requirement)
1 IEI Em2000 Keypad
1 Knox Key Switch
1 Keedex Two Gang Box Mounted to Outside Guide Post (For Keypad & Knox Key Switch)
Operator System Installed Per UL -326 Class III Requirements
Exclusions & Notes
Bid prices valid for 90 days from date of proposal.
Bid Price includes one (1) mobilization
Fencing & Gates Excluded
Power, telephone line(s), access control wiring and conduits excluded.
Conduit for power, power wiring, and low voltage excluded, unless specifically include above.
Conduit by others to have pull strings.
Pemiits, fees, bonds, additionayspecial coverage insured premiums, express freight, expedited handling, excluded.
Damages or repairs to any unmarked or incorrectly marked underground private utilities, including but not limited to lines, drain pipes, sprinklers, electrical, or phone lines, etc.,
during installation of this scope of work excluded.
Change orders required for, but not limited to, the following: Labor or material in add tion to the above scope of work; changes to already completed work, additional site visits to
inspect or coordinate work done by other parties, customer requested site verifications, production of any drawings beyond standard manufacture drawings. overtime work.
Free and Clear access for delivery, work trucks and erection equipment.
Major work not specifically included above excluded.
One (1) year warranty on workmanship and material from date of delivery to the johsite; warranty limited to failure due to poor workmanship or hardware failure. Warranty work
performed during normal business hours.
This proposal to be made a part of Contract, Purchase Agreement, or Change Order.
The Bowan Company la:
Signatory to the International Brotherhood of Electrical Workers and Constructs in Laborer's Union.
California certified Small Business, and Disabled Veterans Business Enterprise (OSDE H 43439)
Federal certified Service Disabled Veteran Owned Small Business.
Certified Gate Operator Installer through the Institute of Door Education and Accredits don as endorsed by the American Fence Association, International Door Association, an
Door & Access System Manufactures Association
4061 Castro Valley Blvd #406, Castro Valley, Ca 94552
TEL: 510 - 356 -2750 — FAX: 510 - 356 -2760 1 of 1
License: 855272 (B, C -7, C -10, C -13, C- 61/D28) Villa Serra TOC Yard Gate Operator System Quote May 26, 2010