10-028 TENJI, Inc., Andy Case, Bolt Replacement, Aquarium at Library AGREEMENT
/�
J� CITY OF CUPERTINO
3 4 % 1 10300 Torre Avenue
Cupertino, CA 95014 orov�i�"
408-777-3200 NO.
BY THIS AGREEMENT, made and entered into this 29 th day of March , 2010, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and TENJI Inc., Andy Case, Owner
Address: 73 W. Carmel Valley Road, Building E, Carmel Valley, CA 93924 ;Phone: 831 -401 -9551;
e -mail: lnfoCa tenli.com . Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the
parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Stainless Steel Boit Replacement on Cross — Supports for the Fred Chan Aquarium at the Cupertino Library
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal marked Exhibit "A"
TERMS: The services andior materials furnished under this Agreement shell commence on April 1, 2010
and shall be completed before May 31, 2010
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Time and Materials Not to Exceed $1,130.00 without City .Authorization
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 empbyees from any and all damage and liability due
to negligence, errors and omissions, inducting ail costs of defending any daim, 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 insurabifity, Contractor shat; fie with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shag be subject to the approval of City's Director of Administrative Services.
Non - Discrimination. No discrimination shalt be made in the emulunnen' 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 shalt 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 transterred 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 :than be: ENTEREE
NAME: Terry Greene DEPARTMENT: Public Works Depa
This Agreement shall become effective upon its execution t CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF CUPERTINO:
By �.�C.- By itift.4441.° -•
Title Title: Terry Greene, AIA, City Architect
APPROVALS EXPENDITURE DISTRIBUTION
• - T " T E a " / : ATE/ (( INT NI AWN INT
1104502-7014
(� b $ 1,1330.00
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E XH IB IT
•
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1T I D INC.
LIVING SYSTEMS COORDINATION
73 WEST CARMEL VALLEY ROAD CARMEL VALLEY, CA 93924
FFL_ 831- 401 -9551 FAX 831 -401 -9551 I- MAIL 1NFO4TENJI.COM
November 6, 2009
Submitted to: Terry Greene. Cupertino City Architect
Project: 316 stainless steel bolt change out on cross - supports for
Library Aquarium
Deliverables:
Tenji will perform the labor and provide the materials to change out the 24 bolt assemblies
over the library aquarium. Currently, the existing bolts are showing various degrees of
corrosion/rust and the grade of the steel is unknown. The new bolts, washers and nuts will
be 316 Stainless. This will involve coordinating the timing of the work with both the City
Staff and at least one representative from Dolphin Design to be present during the work.
Target completion date by: To be scheduled pending approval
73 W. Carmel Valley Road, Building E • Carmel Valley, CA 93924 • (831) 401 -9551 (p /f)
Estimated costs for the prototype unit:
Materials: $140.00 316 SS bolts with washers and ex nuts (qty: 24 assemblies)
Offsite labor: $190.00 2 hours coordination and ordering. ($95.00/hr)
Onsite labor: $480.00 3 hours onsite day (2 staff $65/$95 hr)
Travel time: $320.00 4 hours total (2 staff $32.50/$47.50/hr)
Total: $1,130.00
Additional work, requested by the client that is not covered in the above deliverable
scope -of -works will be billed at $65.00 per hour per Staff, $95.00 per hour per Principal.
Payment Schedule:
• 25% to start. ($282.50)
• 75% upon completion and approval. ($847.50)
73 W. Carmel Valley Road, Building E • Carmel Valley, CA 93924 • (831) 401 -9551 (p/f)
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