09-136 Pacific Water Art, Inc~rY~-°~-, AGREEMENT
CiTY OF CUPEF;TINO
t ,i ~ ~ 10300 Torre Av~snue
CUPERTlNO 1 /~ I ~ CUpartiRO, CA 95014 ~ ~~'~ / C~
v 408-777-3200 NO. /
BY TFiiS AGREEMENT, made and entered into this 1't day of October, 2009, by and between the CiTY OF
CUPERTINO (Hereinafter referred to as CITY) and Pactfic WatErr Art inc., Dirk Rohioff, Address 1244 Birchwood
Drive., Stannyvale, CA 94089, Phone: 850.568.2733
(Hereinafter referred as CONTRACTOR), in consideration of ~iheir mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified stirvices and/or materials:
Civic Center Foun#sin Work, Install snd Program Chemtrol Unit
EXIiIBITS: The following attached exhibits hereby era made pail of this Agreement: Attached Exhibit "A"
TERMS: The services and/or materials furnished under this Agr~;ament shalt commence on October 1, 2009
and shall be compie#ed before October 30, 2005.
COMPENSATION: For the full performance of this Agreement, CiTY shall pay CONTRACTOR:
Based on T&M with a maximum not to exceed of 52,204.00 afithout written authorization
California labor Code, Section 1771 requires the payment of prevalling wage:o to all workers employed on a Public Works contract In excess of
S1,000.Ot).
GENERAL TERMS ANQ C4NDIT10NS
Hold Harmless. ConUactor agrees to save and hold harmless the City, its officers, agents and employees from any and alt damage and liability due
to negligence, errors and omissions, including all costs of defending any claim, ~;aused by or arising out of the performance of this Agreement. City
shall not be liable for acts of Contractor In perfomtiing services described herein.
Insurance. Should the C[ty require evidence of InsurabiNty, Contractor shall file with City a Certificate of Insurance before commenclng any services
under this Agreement. Satd Certif[cate 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 unbar this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
tnterest of Contractor. ii is understood and agreed that this Agreement Is not .a wnfract of employment in !ha sense that the relationship of master
and servant exists between City and undersigned. At eft times, Contractor shall be deemed to be an Independent contractor and Contractor is not
authorized to bind the City to any contracts or other abNgaUons in executing this agreement Contractor certifies that no one who has or wilt have
any flnanclal tnterest under this Agreement Is an officer or employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent or 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: ENTERED
NAME: Terry W. Greene, AIA DEPARTMENT: Public Works
This Agreement shalt become a#active upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF CUPERTINO:
r
t3 8Y
Title Dirk Rohioff - Presiden Terry W. Greene, AIA, City Architect
Tax t.D. #94-27G7390
Q ~. PilC~~lC
..~. ~, ... Llc. !1623675
V~at~~ 1244 Birchwood Drlve
Art lnc. Sunlty(rale, CA 94089
(68Q) 968.273a
FAR (680) 968.1633
gyp: City of Cupertino
Attn: Drew Golkar
10300 Torre Ave
Cupertino CA 95019
PRO%~OSAb .,a,
(908j 777-3271 9/15109
JOa NAME f LOCkT10N
Revised Installation of Chemtrol Unit
City of Cupertino U.V. Upgrade
Cupertino Civic Ctr Fountain
golkax@,us
We hereby submit specifications and ostimates tar, ~-
r - - ---------- --~
i) Pacific Water Art, Snc proposes to install the: Chemtrol 255 unit
and program the limits per the Cityls direction .......................$1,100.00
2) Provide electrical labor at an hourly rate of $138.00/hr to hook
up the new chemtrol 255 to the existing PLC. Cost Not-To-Bxceed
8 hours port to port ...........................................•,.....$1,10.00
Total cast for the above ..............................................$2120A.00
I
f
V11e Propane hereby to (urnlsh malerlat and labor -comptele to accordance with the above spedlfcalions, for the sum ol;
Two Thousand Two Hundxed Four and 00/100 Dollars dollara($ QTR 2,209.00 y,
Payment to be made as IoUotvs:
Due upon completion as invoiced, Net 30 days,
lUt metarlal is pvaraniead (o bo as apecitied. NI t:+o(k to be computed N e protoss!onnl ~
marvle! acr~orffinp to standmd pracficoa. My Mterntlon or de•,Satron frcm abo~re SpCCiIiW Authorized
ions Imrotvinp extre ooslswiQ bo exewted ally upon vrrirten ceders, aril v::s becomo an edra Slgnal(.te
cheryo e'er and abrna the esirnate. WI adreements conGnpenl upon strikes, nctldenLs o[ irk R }
delsye beyond our ton4ol. Omer to terry fre, tornado, and other necessary Insuranco. t)ur Nolo; Th S prOpOSti( n
vtorkets aro lu'F/caremd by 4Noticot5 Couipensadar Insurarrq. Y:phCIrAV~n by us If no- aGCapted
,l4C(:Cpta11CC O{ PTOpt:7Si11-The above prkos, speeilfeatlons end
conditions are catisfactory and a[A holeby acceplod. lbu are authorized b do the rro(k Signature
as specNletl. Pa'~menl rAq be made as outlined above.
Signature
Date of Acceptance: ._
Presiden
30
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