09-032 COBE ConstructionAGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014 q r~
408-777-3200 NO.~-~~~ / /
BY THIS AGREEMENT, made and entered into this 16 th day of March , 2009 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and COEIE Construction; Dan Piber, Address: 2470 South
Winchester Blvd., Suite D, Campbell, CA 950118;Phone: 408-371-3400; Fax: 408-371-3401; a-mail:
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 spE~cified services and/or materials:
For the Repair of the McClellan Road Pedestrian Bridge, investigate repair options and complete repair work
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 March 16, 2009
and shall be completed before June 30, 2009
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed $ 25,000.00
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 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 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 this 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 ::hall be: ENTERED
NAME: Terry Greene DEPARTMENT: Public Works Department
This Agreement shalt become effective upon its execution b~,r CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
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Title
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APPROVALS
CITY OF CUPERTINO:
By ~~ _
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Title: Terry Greene, AIA, City Architect
FXPFNIIITI IRF r11CTRIRIIT1~1A1
TMEN DATE
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<<27-9112-93
$ 25,000.00
CITY RK DATE .a -0pr D
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- EXHIBIT A
~C~~E
CONSTRUCTIC3N
March 12, 2009
Carmen Lynaugh
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Sub: Cupertino Library
10800 Torre Ave.
Cupertino, CA 95014
Re: Foot Bridge Decking
Dear Carmen,
We are pleased to offer this proposal to remove and replace the decking on the existing
foot bridge at McCarthy Ranch. Following is .a detailed proposal with a scope of work
and a list of proposal qualifications.
SCOPE OF WORK
Mobilization
Demolition
Protect creek from any debris that may fall into the water created by the
construction.
Safe off area around the foot Fridge.
Keep area safe for pedestrians during the course of construction.
• Remove a few of the existing ~~eck boards to determine if they can be
turned over and reinstalled on footbridge.
Note: Final determination of reusing the existing deck boars will be
made by the City of Cupertino.
• Haul off all debris created by the work on the bridge.
Rouah Cargent
• Reinstall removed deck boards on footbridge.
• Reinstall hardware in decking.
Note: Decking and hardwarc~ will be installed per the same design as
the existing decking and hairdware.
COBE Construci:ion Incorporated
2470 S. Winchester Blvd., Siaite D, Campbell, CA 95008
Phone (408) 371-3400 Fax (4C-8) 371-3401 License #835122
COBE Construction Inc. -Proposal
Cupertino Library Storefront
Daily and Final Construction Clean-up
• Provide labor to keep the project clean and safe during
construction. At the end of the project, provide a final
construction clean up.
Cost: $3,798.00
2. PROPOSAL QUALIFICATIONS AND PROJECT NOTES
1. We will insure that all subcontracl:ors 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 requirE:d by the State of California.
2. We have not included any of the following:
• No overtime
• No structural engineering
Note: Structural design ~~nd installation of decking will not
change. The new decking and hardware will match the existing
decking and hardware.
• Existing code violations
• Handling and disposal of Piazardous waste
• Liquidated damages
• Permits
• Bonds
We appreciate this opportunity to quote your work. Please call if there are any
questions. Dan can be reached anytime at (408) 410-3889.
Off.-"l.~' C.t./,~'G-~~tic
Daniel W Piber
Project Manager
COBE Construction Inc.
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