09-118 COBE ConstructionAGREEMENT
~~~ CITY OF CU'ERTINO
/ ~ 10300 Torre Avenue
Cupertino, CA 95014 ~L~~O
'' 408-777-3200 NO C~
BY THIS AGREEMENT, made and entered into this 1 th clay of September , 2009 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY} and COBrS Construction; Dan Piber, Address: 24T0 South
Winchester 8tvd., Suite d, Campbell, CA 95008;Phane: 408-3T1-3400; Fax: 408-371-3401; a-mail:
don@cobeinc.com Hereinafter referred as CONTRAGTORf, in consideration of their mutual covenants, the parties
hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/ar materials:
Relocate existing bollards and widen pathway on both ends of Mary Ave. Bicycle Footbridge
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 f~greement shall commence on September 1, 2009
and shall be completed before October 30, 2009 ^~
COMPENSATION: For the full performance this Agreement, CITY shall pay CONTRACTOR:
Eump Sum Not to Exceed $ 27,802.00 without City approti~al
Galrfarnia Labor Cade, Seciion 1771 requires the payment of preva"cling ~r~ges to all workers employed an a Public; Works contract in excess of
51,OQO.oO.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and empiayees from any and ail damage and liability dve
to negligence, errors and omissions, including all costs at 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 Agreerneni 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 r of a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At a!I times, Contractor ;:hall be deemed to be an independent contractor and Contractor is not
authari2ed to hind the City to any contracts or other obligations in executint this agreement. Contractor certifies that na 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 s~all be: ~ ENTERED
NAME: Terry Greene DEPARTMENT: Public Works Department
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.
CONT~TOR:
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APPROVALS
CITY OF CUPERTINO:
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Titl .Terry Greene, AIA, City Architect
E)CPENDITURE DISTRIBUTION
ENT DATE CSOUNT NUMBER
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EXHIBIT A
co~E
CONSTRUc=TION
September 1, 2009
Carmen Lynaugh
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Sub: Mary Avenue Foot Bridge
Re: Proposal
Dear Carmen,
We are pleased to offer this proposal to relocate the four existing bollards and widen the sidewalk on both
sides of the Mary Avenue Bridge. Following is a detailE~d scope of work and a list of proposal
qualifications.
SCOPE OF WORK
Mobilization
• Pickup & deliver materials.
• Safe off area around the foot bridge.
• Keep area safe for pedestrians during the course of construction.
• COBE Construction will take the extra time to ensure the safety of all pedestrians and
workers during the course of construction.
Note: At least one side of the bridge will remain open for the entire course of construction.
Excavation
• Dig and remove the dirt in four locations, two on either side of the bridge.
• Haul dirt to the specified areas on eith~:r side of the bridge.
• Spread the dirt/spoils flat in order to tr)~ and make the dirt disappear.
Note: The dirt is to remain on site. It will be spread in an inconspicuous location on either
side of the bridge.
Rough Carpent
• Provide and install concrete form bender board in order to create a gradual
radius side walk.
Note: The new side walk will extend two feet from the existing bridge and then angel back
in to the existing side walk for a total of approximately fifteen feet.
• Install city provided bollard base plate:; per the city specs.
COBE Construction Incorporated
2470 S. Winchester Blvd., Suite D, Campbell, CA 95008
Phone (408) 371-3400 Fax (40~~) 371-3401 License #835122
COBE Construction Irnc. -Proposal
Mary Ave Foot Bridige
. r .. .. %~ ...
Concrete Reinforcing Steel
• Provide and install # 4 rebar dowels 18" O.C. along pathway only.
• Install rebar per city specs. For the new bollard base plates.
Cast in Place Concrete
• Provide and install concrete. (Concrete used will meet 6000 psi in 28 days).
• Provide and install concrete blackening add mixture in order to match existing
sidewalk.
Note: COBE Construction will take the extra time too mix samples of concrete to try and
match the existing sidewalk as best as possible.
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 $ 21,802.00
PROPOSAL QUALIFICATIONS AND PROJECT NOl-ES
1. We will insure that all subcontractors will tie given subcontracts to protect the property owner,
client and COBE Construction, maintain current insurance (liability and workers
compensation), provide proper lien releas~ss, 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
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.
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