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10-112 Agreement, COBE Construction; Dan Piber, Blackberry Farm Debris and Dirt Removal CITY OF AGREEMENT \ reV % CITY OF CUFERTINO /,,, 9 10300 Torre Avenue Cupertino, CA 95014 S 7 © C CUPERTINO ! / 408-777-3200 NO. BY THIS AGREEMENT, made and entered into this 9th day of November , 2010, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and COB!_ Construction; Dan Piber, Address: 2470 South Winchester Blvd., Suite D, Campbell, CA 950081;Phone: 408 -371 -3400; Fax: 408 - 371 -3401; e-mail: I 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 specified services and/or materials: For Blackberry Farm Debris and Dirt Removal 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 November 9, 2010 and shall be completed before December 1, 2010 • COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Lump Sum Not to Exceed $ 7,984.00 without City Approval 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 shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, Including any Injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under thls Agreement to Indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall Include reasonable attomeys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed Indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such Indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 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 not 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: 1/41-0 ENTERED NAME: Carmen Lynaugh, Public Works Project Manager, 408- 777 -3215 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. CONTR P1/!L& /J %< R:: CITY OF CUPERTIN • By / By atAe..4.--, ' i Title Pf O J e C- A4(2,41 a e r Title: Carmen Lynaugh, P.W. 12- cts Manager Soc. Sec. # or Tax I.D. APPROVALS EXPENDITURE DISTRIBUTION -TMENT ••••• ' DATE 4CCOUNT NUMBER AMOUNT !;`� '� 1 +L / , r 4. " II. 6 . Q 427- 9112 -9300 / $ 7,984.00 �'/ 1 EXHIBIT A COBE CONSTRUCTION ••••... November, 8 2010 Carmen M. Lynaugh City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Sub: Blackberry Farm Trash & Dirt Removal Re: Proposal Dear Carmen, We are pleased to offer this proposal for the work at Blackberry Farm. Following is a detailed scope of work and a list of proposal qualifications. Dirt Removal & Grading • Remove and dispose of one existing pile of dirt. • Grade dirt area away from existing concrete retaining wall. • Grade dirt away from existing building. • Dispose of dirt left over from grading. Trash Removal • Remove and dispose of trash located behind existing fenced in area. • Remove and dispose of brush. • Miscellaneous wood debris. • Sand bags. • Metal racks and tubing. • Fence panels. • Rolled fencing. • Flagstone. All trash and debris will be properly disposed of at a trash and recycling site. Cost: $7,984.00 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 Blackberry Farm Dirt & Trash 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 waste • 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 call if there are any questions. Dan can be reached anytime at (408) 410 -3889. Daniel W Piber Project Manager COBE Construction Inc. Page 2