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12-010 Colebank Construction, Installation of Pipe in City Hall Parking Lot
CITY OF AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue cuPERTINO Cupertino,CA 95014 y�� 408-777-3200 NO. ,�v�'-7, - BY THIS AGREEMENT, made and entered into this 3I day of Tck,k.A , 2012,by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Colebank Construction; 1585 Wellburn Ave, Gilroy, CA, 95020; (408) 640-4482 (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: Installation of 180 linear feet of pipe through directional boring and provision of two boxes in City Hall parking lot as described in the attached Exhibit A. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A, Proposal TERMS: The services and/or materials furnished under this Agreement shall commence on February 1,2012 and shall be completed before March 15, 2012. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: ENTERED Lump sum in the amount of$7,000.00 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 this 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 indude reasonable attorneys'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 Cry'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: NAME: David Stillman DEPARTMENT: Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this APPROVALS EXPENDITURE DISTRIBUTION • -+ :+t0410 T HEAD .DATE _AC;COUNT NUMBER AMOUNT 2/47/Z 110-8601-7014 $7,000.00 e C ERK ■ 2_39.154 C_) d' /I Con Agreement COLEBANK CONSTRUCTION Boring & Paving PROPOSAL&CONTRACT DATE: 11-12-11 ESTIMATE#010115 TO:CITY OF CUPERTINO LOCATION:CITY HALL 10300 TORRE AVE ATT:CHRI ORR CUPERTINO,CA 95014 ChrisOQcupertino.org • WE PROPOSE TO FURNISH ALL LABOR,SERVICES,EQUIPMENT AND MATERIALS TO COMPLETE THE FOLLOWING WORK ACCORDING TO THE SPECIFICATIONS INCLUDED IN THIS BID AS ATTACHED AND MADE A PART HEREOF. COLEBANK CONSTRUCTION TO PROVIDE DITCH WITCH 3020 DRILL RIG WITH OPERATORS TO INSTALL 1-2" PIPE APPROX. 180 LF CROSSINGS CITY PARKING LOT.COLEBANK WILL CALL USA TO LOCATE ALL LINES IN BORE PATH.COLEBANK WILL THEN POT HOLE AND EXSPOSE ALL MARKED UNDERGROUND UTILITES PRIOR TO START OF WORK.. COLEBANK CONSTRUCTION IS NOT RESPONSIABLE FOR ANY UNMARKED OR MISMARKED UTILITES. FOR THE SUM OF$4,500.00 WITH DISCOUNT OF$ 1,000.00 NET 10 DAYS NORMAL SOIL CONDITIONS (COLEBANK TO HANDAL ALL BORE MUD ON SITE.) COLEBANK WILL POT HOLE AND EXSPOSE ALL MARKED LINES IN BORE PATH. COLEBANK WILL PROVIDE AND INSTALL PIPE AND FITTINGS/1)17X30 BOX AT BACK OF SIDE WALK IN DIRT, 1) SMALL BOX IN PLANTER AND CONNECT SMALL BOX WITH 1"PIPE TO EXISTING BOX. FOR THE SUM OF$3,500.00 ALL OF THE ABOVE WORK TO BE COMPLETED IN A SUBSTANTIAL AND WORKMANLIKE MANNER ACCORDING TO STANDARD PRACTICES FOR THE SUM OF: $7,000.00 , PAYMENT TO BE MADE AS FOLLOWS: NET 10 DAYS . EST Authorized Signatu /" !��L _ Date: /-3]-ZO 12 I wner Note:We reserve the right to withdraw this sr°•osal if not acre•• •within 30 d• NOTICE TO OWNER:All material is guaranteed to be as specified.MI work is to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifications involving extra cods will be executed only upon written order,,and will become in extra charge over and above the estimate.MI agreements contingent upon strikes.accidents,or delays beyond our control,including weather conditions.All permits&fees are the responsibility of era owner.Under the mechanics Ltem Law,any contractor,subcontractor,laborer,mataialman or other person who helps to improve ear propety but is not paid for his work or supplies.has the right to enforce a claim against your property.This means that after a court hearing,your property ty could be sold by a court officer and the proceeds attic sales used to satisfy the indebtedness.This can happen even if you have paid your contractor in Cull,Witte subcontractor,laborer,or supplier remains unpaid. Acceptance of proposal: The price agreed to be paid for estimate comes to a total sum of: Terms: Due in full upon completion. Note:Phase a work due in full upon completion of each phase,late payment voids warranty(see reverse side)The prices,specification,and conditions as attached and made a part hereof and set forth on the front and reverse of this contract are satisfactory and expressly acknowledges the following quoted prices and rates are the fair and reasonable value of the following improvements,and are hereby accepted.You are authorized to do the work as specified.Payment will be made as outlined above. Accepted bye DateeC- Lic# 675095 1585 Wellburn Ave Gilroy, CA 95020 • ACO CERTIFICATE OF LIABILITY INSURANCE DATE 0/28/2013 Y) 10/28/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTE14D OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the polic:y(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Risk Transfer Programs,LLC -NAME, FAX 219 East Livingston Street ,VC No Ext:866 481-9363 A/C No): Orlando,FL 32801 E:MAIL ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# IIVSURER A:CastlePoint National Insurance Company 40134 INSURED INSURER B: Bigelow,Quinter DBA:Colebank Construction 1585 Welburn Ave. INSURER C: Gilroy,CA 95020 INSURER D INSURER E, INSURER F: COVERAGES CERTIFICATE NUMBER:USWQFCM REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR IN SR WVD POLICY NUMBER _ MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE 71 OCCUR MED EXP(Any one person) $ PERSONAL 6 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 17 POLICY JE� LOC _ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DIED I I RETENTION$ _ $ A WORKERS COMPENSATION WSLTHCO01890606 10/30/2013 10/30/2014 X WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ 1,000,000 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 -if yes,describe under- - - - - -- — - - — - - 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Sch9dule,if more space is required) (California Operations ONLY) Includes Waiver of Subrogation in favor of The City of Cupertino CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Cupertino AUTHORIZED REPRESENTATIVE 10300 Torre Avenue Cupertino,CA 95014 Page 1 of 2 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD it WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 %of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description The City of Cupertino Notes: 1.This endorsement may be used to waive the company's right of subrogation against named third parties who may be responsible for an injury. '2.The sentence iri(')is optional with-the c`ompany.-1t limits the endorsement"to apply-only-to-specific jobs of'the-insured;and— only to the extent that the insured is required to obtain this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No.N/A 10/30/2013 WSLTHCO01890606 Insured Insurance Company Bigelow,Quinter DBA:Colebank CastlePoint National Insurance Company Construction Countersigned By _ Page 2 of 2 USWQFC7R