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13-116 Dallas Carlock Plumbing Service, Repair hot water heater at Senior CenterOFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: www.cupertino.org CUPERTINO August 7, 2013 Dallas Carlock Plumbing Service 16721 Madrone Avenue Los Gatos, CA 95030 RE: Agreement Enclosed for your files is a fully executed copy of your agreement with the City of Cupertino. If you have any questions or need additional information, please contact the Public Works Department at 777 -3269. Sincerely, C" 14�1� Dorothy Stee ott Senior Office Assistant City Clerk's Office Enclosure cc: Public Works CITY OF AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue ,/ � 4 � Cupertino, CA 95014 CUPERTINO V ` 408- 777 -:3200 NO. i�M / THIS AGREEMENT, made and entered into this 20'h day of June is by and between the CITY OF CUPERTINO (Hereinafter "CITY ") and Dallas Carlock Plumbing Service 16721 Madrone Ave. Los Gatos, CA. 95030. (408)- 377 -3017 Hereinafter "CONTRACTOR "), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and /or materials: Hot Water Plumbing Repairs at Senior Center. Check box if services are further described in an Exhibit. rM EXHIBITS: The following attached exhibits hereby are made part of this Agreement: "A ". TERM: The services and /or materials furnished under this Agreement shall commence on August 26th and shall be completed no later than August 30th. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $2,965.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of 91,000.00. 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 include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent Of CITY. Pagel of 3 Short Form Agreement Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 each occurrence $2,000,000 aggregate - all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 Each occurrence or Combined Single Limit: $1,000,000 each occurrence Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7) -day notice. The Contractor may terminate this Agreement with or without cause with a seven (7) -day written notice. Non - Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation 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. City shall have no right of control as to the manner Page 2 of 3 Short Form Agreement Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. 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: Chris Orr DEPARTMENT: Facilities 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. COMaRi-&' TOR- By e aJ-XJ" Title ()W VVA-r- Soc. Sec. # or Tax 1. D 7 ? - O t d s 411 APPROVALS CITY OF CUPERTINO: By Title:L - -_ EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE NUMBER AMOUNT _ACCOUNT - - � ' $ 30�v ' 7 CITY RNEY APP VED A TO FORM D T � CITY ERK: ATTMT DATE _ e. Page 3 of 3 Short Form Agreement Ju,) 2 i 131033a Carlcok Plumbing 4023545413 r 1 Dallas Carlock Plutmbing Service 16721 Madr one Ave. Los Gatos, CA 95030 (408) 377 -31017 shop (408) 377 -3505 fax (408) 354 -5413 accounting Ca. Lic. #446107 /12re a� I Estimate to: City of Cupertino Facilities Dept. Attn: Roger & Rudy 10555 Mary Ave. Cupertino, CA 95014 %AX# 777 -3399 Re: Senior Center Stevens Creek Blvd. Cupertino, CA Hot Water At Hand Sinks l) Access piping in ceiling space aboe 2 hand washing sinks in kitchen. 2) After drain -down, jumper trot supply from tempered to hot lire at 2 locations. 3) Add adjustable controls to existing electronic faucets at 2 locations. M Total cost for above work... ......................................... $1580-00 Water Heater 1 1) Replace existing 75 gal. commercial water heater with heater z7 bS supplied by City. ' 2) Connect to existing flue, water & gas piping. Set seismic restraints. Total water heater cost ........................ .......................$1385.00 Not ncl-vded in this estim3te_ Permit fees. New fixtures. Ceiling tiles. Water heater. Other work not listed. This estimate valid for 30 days. Signed__— - Date- revised June 21, 2013 Accepted __ _—. -Date - -- _� PURCHASE ORDER NO. 00058107 PURCHASE ORDER 10300 Torre Avenue Cupertino, CA 95014 -3255 PAGE NO. 1 (4a8) 777 -3219 CUPERTINO [-4143 7 I E H CITY OF CUPERTINO N DALLAS CARLOCK PLUMBING SERVICE I SERVICE CENTER D 16721 MADRONE AVE P 10555 MARY AVENUE R LOS GATOS CA 95030 I _.J TT CUPERTINO CA 95014 ATTN: CHRIS ORR