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11-079 Able Septice Tank Service, Video Inspection of Storm Drain, Creekside Park RECEIVED PUBLIC WORKS DEPARTMENT CITY OF AGREEMENT AUG 04 2011 CITY OF CUPERTINO / 9r\ 10300 Torre Avenue NO. G�� CUPERTINO ✓ Cupertino, CA 95014 74 408 - 777.3354 '' / BY THIS AGREEMENT, made and entered into this 2"d day of August, 2011, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Able Septic Tank Service; Address: P.O. Box 24819, San Jose, CA 95154; Phone: (408) 377 -9990; e-mail: pbrothers@abl'eseptic.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: Provide video inspection of storm drain facilities located within the limits of Creekside Park. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal /Contract — Exhibit A TERMS: The services and /or materials furnished under this Agreement shall commence on 8/8/11 and shall be completed before 9/8/11. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to exceed $3,112.00 based on time and materials California Labor Code, Section 1771 requires the payment of prevailing wages to a 1 workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, induding any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses sh all indude reasonable attomeys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 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 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: U ENTERED ERED NAME: Able Septic Tank Service 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. CONTRAC OR: CITY OF CUPERTINO: By By e" Name: �� �i k - . Name: Chad Mosle Title: . - 1 !1: /!i'_7�"T Title: Associate Engineer Soc. Sec. • or Tax I.D: — 11 " 02-5 APPROVIIL r „N; ,E EXPENDITURE DISTRIBUTION D • : 'n►. HEAD `' DATE _ ACCOl1NT NI IMRFR AMOUNT SS/r ( 210 - 9612 -9300 $3,112.00 CI , DATE. i // (_ ! if Contractor / Vermont OF UUU 11 P.O. Box 24819 BL E San Jose, California 95154 Exhibit A Office (408) 377 -9990 Fax (408) 492 -1008 SEPT /C TANK SERV/CE Liat 677475 AUGUST 2, 2011 PROPOSAL /CT AC - 11 - 458 - R1 NAME: CITY OF CUPERTINO (ATTN: CHAD MOSELY) PHONE: 408- 777 -7604 ADDRESS: 10455 MILLER AVE. (CREEKSIDE PARK) FAX: 408- 777 -3333 CITY: CUPERTINO, CA. 95014 EMAIL: CHARM@CUPERTINO.ORG VIDEO INSPECTING STORM PIPE: ABLE TO TUNNEL UNDER CHAIN LINK FENCE AND GET TRACTOR CAM DOWN INTO CALABAEAS CREEK. MANUALLY RAISE EXISTING FLAP GATE AND RUN TRACTOR CAM (VIDEO). ABLE WILL ATTEMPT TO LOCATE THE STORM DRAIN AND IDENTIFY ANY MANHOLES, BASINS OR TEE'S. LOCATING WITH RECEIVER MAY BE CXYMM:WSED DUE TO DEPTH OR BURIED UTILITIES THAT MAY INTERFERE WITH ELECTRICAL SIGNAL TO RECEIVER. ABLE RECOMMEND HAVING STORM PIPES CLEANED BEFORE INSPECTING (NOT INCLUDED IN PROPOSAL /CONTRACT)- NOTES: THESE CHARGES ARE BELOW ARE STANDARD COSTS TO COMPLETE WORK WITH THE QUALITY OF TRAINED MEN AND EQUIPMENT WE PROVIDE. THESE RATES ARE APPLICABLE FOR THIS PROJECT ONLY. ABLE HAS REVIEWED THE SCOPE OF WORK THAT HAS BEEN PROVIDED BY CHAD MOSLEY OF CITY OF CUPERTINO (ASSOCIATE CIVIL ENGINEER). ABLE CAN PERFORM THE SCOPE OF WORK THAT HAS BEEN REQUESTED. SCOPE OF WORK PROVIDED FOR THIS PROJECT: VIDEO INSPECTING SEWER $ 300.00 PER HOUR (4 HOURS MINIMUM) EACH ADDITIONAL LABORER $ 89.00 PER HOUR PER MAN (4 HOUR MINIMUM) TOTAL ESTIMATED COST FOR VIDEO INSPECTING: $ 1,556.00 (MINIMUM) NOTES: CALL OFFICE NUMBER DIRECT LINE FOR ALL S(«HEDULING (409) 377 -9990 DAILY OPERATING HOURS 8 -5 PM MONDAY - FRIDAY / AFTER 8.0 HOURS OVERTIME RATES WILL APPLY. THIS PROPOSAL IS BASED UPON PREVAILING WAGE RATES. ABLE UNDERGROUND CONSTRUCTION / SIGNATURE: REQUIRED FOR ACCEPTANCE 6 4 ( V o--. Ale �r MARK PATEL ABLE SEPTIC TANK SERVICE Underground Construction: Septic • Sewer • Storm • Water . EKCavated & Installed Septic Systems: Designed . Installed Repaired • Pumped • Inspected Plumbing Sewer & Drain: Line Cleaning - Rodding • Repaired • Replaced • Residential & Commercial Vacuum: Septic . Sewer • Storm • Grease Traps /Interceptors Hydra Flushing: Sewer • Storm • Maintenance • Public Works • Overflow & Spill Response • Main Line Stoppages Pipeline Video Inspection: 2' To 77 Pipeline Inspection • Line Locating • Detailed Reports With Digital Photos Certified: Confined Space Entry • Traffic Control . Trench Safety Complete 24 Hr. Emergency Service