09-115 COBE ConstructionAGREEMENT
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
NO. ~~~s~~
BY THIS ArGREEMENT, made and entered into this 1 th clay of September , 2009, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and COBS Construction; Dan Piber, Address: 2470 South
Winchester Blvd., Suite D, Campbell, CA 95008;Phone: 408-371-3400; Fax: 408-374-3401; a-mail:
don@cobeinc.com Hereinafter referred as CONTRACTOR}, in consideration of their mutual covenants, the parties
hereto agree as #ollows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Library Seat Walt instatlatian at stair case
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 September 1, 2009
and shall be completed before November 27, 2009
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Lump Sum Not to Exceed $ 9,988.00 without City approval
California Labor Code.. Seotion 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
S 1, 000.00
GENERAL TERMS AND CONQITIONS
hioid HarmlQSS. Contractor agrees to save and hold harmless the City, its cfficers, agents and employees from any and ail damage and liability due
to negligence. errors and omissions, including ail casts of defending any Gaim, caused by or arising out of the performance of this Agreement. City
shalt not be liable for acts of Contractor in performing services described heroin.
{nsuranco. Should the City require evidence of insurability, Contractor shall file with City a Gertificate 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 emplayrnent of persons under this Agreement because of the race, color, national
origin. ancestry, religion ar sex of such person.
Intercest 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, Gontractor shall be deemed to be an independent contractor and Contractor is not
ai.,tharileCf to bind the City to any contracts or other obligations in executln~l 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 ar transferred without thc• written consent of the Gity. No changes or variations of any kind are
autnarized v~itfrout the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be: ~ ENTERED
NAME: Terry Greene DEPARTMENT: Public Works Department
This Agreement shall become effective upon its execution b~- CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTR,~GTOR: J '
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APPROVALS
CITY OF CUPERTINO:
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Title Terry Greene, AIA, City Architect
E;{PENDITURE DISTRIBUT{ON
7MEN7 h tai DATE
~~
9 ~~ ~ Q
_ _ ,f.OGOUNT NUM(~ER ,_
420-9240-9300
v _. _.At~t1C?UNL._
$ 9,988.00
DATE
-~_. _.. _ _.~_.._._...._. 0
~~r
coBE
CONSTRUCTION
September 1, 2009
Carmen Lynaugh
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Sub: Cupertino Library Bench
10800 Torre Ave.
Cupertino, CA 95014
Re: Proposal
Dear Carmen,
EXHIBIT A
We are pleased to offer this proposal to remove the wall in front of the stairs, and replace it with a
bench seat located in the library. Following is a detailed proposal with a scope of work and a list
of proposal qualifications.
SCOPE OF WORK
Mobilization
Demolition
Protect floor in area were the work will be performed.
Protect the existing artisan plaster wall that will not be removed.
Remove the existing wood cap on the wall.
Carefully remove the wall, tryin5 not to damage the adjacent wall as best as
possible.
Metal Framing and Drywall
Provide and install shaft wall in ~~rder to achieve a one hour rating next to the
stairs.
Note: If it is discovered after removing the well in front of the stairs that a shaft wall is not
necessary, deduct $ 1,668.00.
Case Work
• Provide and install a custom ca:;e work bench.
• Provide and install wood cap on wall behind the bench.
Note: The laminate colors on and around the bench will match the existing cabinets in the
library.
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.
COBE Construction Incorporated
2470 S. Winchester Blvd., Suite D, Campbell, CA 95008
Phone (408) 371-3400 Fax (408) 371-3401 License #835122
COBE Constructiion Inc. -Proposal
Cupertino Library Bench
Cost: $9,988.00
2. PROPOSAL QUALIFICATIONS AND PROJI.CT NOTES
1. We will insure that all subcontractors will be given subcontracts to protect the
property owner, client and COBE C~~nstruction, maintain current insurance (liability
and workers compensation), providE~ proper lien releases, and have proper licenses
and bonds required by the State of ~:.alifornia.
2. We have not included any of the following:
• No HVAC work.
• No electrical work.
• No plumbing work.
• No flooring
• No overtime
• Existing code violations
• Handling and disposal of hazardous waste
• Liquidated damages
• Permits
• Bonds
• No artisan plaster work is included
3. Any scope of work for the following +:rades are not included:
• Security Alarms
• Fire Alarms
• Fire sprinklers
We appreciate this opportunity to quote your wo~~k. Please call if there are any questions. I can be
reached any time at (408) 410-3889.
oC/CL.Yu. c~L Ct/~~i-Pic
Daniel W Piber
Project Manager
COBE Construction Inc
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