10-033 LMNO Arts, Cristie Thomas AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue _
Cupertino, CA 9501
408-777-3200 NO. az2 �g
BY THIS AGREEMENT, made and entered into this 9th day of April, 2010 by and between the CITY OF CUPERTINO
(hereinafter referred to as CITY) and LMNO Arts; Cristie Thomas or Scott Lindberg; Address: 676 Pleasant Valley
Ridge, Aptos, CA 95003; phone: 831- 728 -3998; e-mail: metal@LMNOarts.com (hereinafter referred as
CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide the following specified services and/or materials:
Provide fabrication, delivery and installation of exterior ADA countertop at Blackberry Farm kiosk building
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on April 12, 2010
and shall be completed before June 30, 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed $ 15,200.00
Califomia 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 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 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 C ty'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 not a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contractor shall 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: ENTERED
NAME: Terry Greene DEPARTMENT Public Works epartment
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.
CONTRACTOR: CITY OF CUPERTINO:
By tit/)hi ' — By
Title 0 10 air A r'h) Title: erry Greene, AIA, City Architect
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APPROVALS EXPENDITURE DISTRIBUTION
lity, ACCOUNT NUMBER AMOUNT
TMENT y • 16.10 427 - 9135 -9300 $15,200.00
CLERK • ATE 4 7)-/ti) I ( I'
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EXHIBIT A
SCOPE OF WORK
CONTRACTOR shall provide fabrication, delivery and installation of ADA- compliant outdoor countertops for kiosk
building at Blackberry Farm park, north south and east sides of building, per the following:
O Layout shall be per drawing BBF Prelim #2, page 1
O Elevation shall be per drawing BBF Prelim #3, page 2 /option #1
O Brackets shall be per drawing BBF Prelim #3, page 3 /option #1
o bracket quantity = 11
x[] Material is bronze, to patina naturally
O Square stock where shown as W is acceptable is 5/8 ", per material availability
CITY shall provide counter substrate that is reasonably flat and level at upper horizontal surfaces; square edges of
upper surfaces are to be lightly routed or sanded to round the squared edge; exposed wood shall be sealed.
CONTRACTOR shall measure and confirm existing conditions and dimensions and is responsible for confirming
such dimensions and conditions prior to initiating fabrication.
Fees shall be as follows:
Materials & freight charges $ 7,500.00
Fabrication, including hardware,
attachments, & shop drawings 5.750.00
Fabrication Subtotal $ 12,750.00
Sales Tax 1.147.50
Subtotal $ 13,897.50
Delivery 190.00
Installation 1.235.00
Total $ 15,132.50
TOTAL CONTRACT not -to- exceed fee: $15,200.00
Materials costs may be invoiced to City upon placement of order.