09-124 COBE ConstructionAGREEMENT
CITY OF CUPERTINO
10300 TorrE~ Avenue
t ~~ Cupertino, C:A 95014 /'
V 408-777-3200 NO. ~ ~E~ -~
BY THIS AGR NT, made and entered into this /~/ day of ~m , 2009, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and COBE Constru ion Incorporated, 2470 Winchester Blvd, Suite
D, Campbell, CA 95008, (408) 371-3400, (Hereinafter referred as CONTRACTOR), in consideration of their mutual
covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specifie~~ services and/or materials:
Remove existing wood fence and construct new wood fence behind the property at 7648 Elderwood Court, per the
attached Exhibit A (Proposal).
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A, "Scope of Work"
TERMS: The services and/or materials furnished under this l~greement shall commence on September 15, 2009 and
shall be completed before De er 31 200
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Lump sum amount of $24,988.
California Labor Code, Section 1771 requires the payment of prevailing w~~ges 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 hen:in.
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 riot a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contractor :hall 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
Agreement the day and year first written above.
CONT CTOR:
By
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Soc. Sec. # or Tax I.D. ~ ,~ jS ~_~~ ~l_~
APPROVALS
CITY OF CUPERTINO: ~,,. ~
Title`~r= n~rr~i C~ov« ~~c~ir~i~-i
E:(PENDITURE DISTRIBUTION
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l.~C ~ ~r O 270-9454-9300 $24,988.00
CITY K DA E
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RECEIVED ~ '
PUBLIC WORKS DEPARTMENT
L 4 •`!
E~TE
SEP 18 2009
EXEIIBITA
Ct~E~E
CONSTRUCTION
r~^
September 1, 2009
David Stillman
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Sub: Fence
Re: Proposal
Dear David,
We are pleased to offer this proposal to demo and rebuild the existing fence located at Following is a
detailed proposal with a scope of work and a list of proposal qualifications.
SCOPE OF WORK
Mobilization
Pick up & deliver materials.
Take extra care in order to protect the existing trees around the work area.
Demolition
Remove existing fence boards and frarning.
Remove existing 4X6 fence posts.
Haul off all debris created by the work •m the fence.
Rou4h Caroent
• Provide and install new 6X6 PT fence hosts.
• Provide and install new PT 2X4 framing to accept plywood and 2X12's.
• Provide and install new'/. PT plywood on one side of the fence only.
. Provide and install new 2X12 PT lumber with overlapping notches on both sides
of the fence.
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 site a~nstruction clean up.
Cost: $24,988.00
COBE Construction Incorporated
2470 S. Winchester Blvd., Suite D, Campbell, CA 95008
Phone (408) 371-3400 Fax (408) 371-3401 License #835122
COBE Construction Inc. -Proposal
Cupertino Sound FE~nce
Alternate
Cost: $14.382.00
EXEIIBTf A
Add 3/4 PT plywood and 2X12 PT lumber with overlapping notches to one side of the existing fence only.
Note: The fence will remain at its existing height. W'e also are assuming that the existing fence will
be able to handle the extra weight created by the plywood and 2X12'S.
PROPOSAL QUALIFICATIONS AND PROJECT NOTES
1. We will insure that all subcontractors will b~~ 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 required
by the State of California.
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.
• Special inspections.
• Any landscaping or landscaping related work.
• We are assuming that it will be acceptable by the home owner to trim back some of
the existing tree branches in order to complete our work.
• We are assuming that it is acceptable to attache lumber to the existing concrete walls
with epoxy rods or concrete wedge anchors.
We appreciate this opportunity to quote your work. Please call if there are any questions. Dan can be
reached anytime at (408) 410-3889.
~cz. ~z <. c.~ fx/r~c.~i sic
Daniel W Piber
Project Manager
COBE Construction Inc.
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