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13-079 Dallas Carlock Plumbing Services, Install New Hot Water Heater at Service Center / OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 9,, TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 WEBSITE:www.cupertino.org CUPERTINO July 3, 2013 Dallas Carlock Plumbing Services 16721 Madrone Avenue Los Gatos, CA 95030 Re: Agreement Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Brittany'Carey Senior Office Assistant City of Cupertino Enclosure cc: Public Works CITY OF / AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue ,,,,,,,,:;\ ) Cupertino, CA 95014 CUPERTINO ' 1ii 1 408-777-3200 NO. a��6P'tli V THIS AGREEMENT, 4. -_ n.-entered into this 20th day of June is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Dallas Carlock Plumbing Service 16721 Madrone Ave. Los Gatos, CA. 95030. (408)-377-3017 Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Install New Hot Water Heater and Piping at Service Center. Check box if services are further described in an Exhibit. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: "A". TERM: The services and/or materials furnished under this Agreement shall commence on August 26th and shall be completed no later than August 30th. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $2,000.00 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 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, including 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 shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement:. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Page 1 of 3 Short Form Agreement Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 each occurrence $2,000,000 aggregate - all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general arid automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation 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. City shall have no right of control as to the manner Page 2 of 3 Short Form Agreement Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT COORDINATOR and representative for CITY shall be: NAME: Chris Orr DEPARTMENT: Facilities 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. CONTROR: atA., CITY OF CUB ►�[�P By By I' Title 0I.�VLL✓ Title: ' 6i/7'�Le-ZI 0- __oG va /c. ‘1=j Soc. Sec. #or Tax 1.D '71 .6 I b 2)4f 5 APPROVALS EXPENDITURE DISTRIBUTION DEPART. EAD DATE _ACCOUNT NUMBER AMOUNT 4■1111PJetwo. 711./1 '3 _ fie -SS'3- 70/3 saaad CI • `. •RNE APP OVED TO FORM DATE � �� 6r \Qsz 7-2--I 3 /� CITY CLERK: ATT DATE Gitet �Z-I3 _ Page 3 of 3 Short Form Agreement Jun 20 13 12:23p Carlcck Plumbing 4083545413 p.1 Dallas Carlock Plumbing Service en 2)1/3 16721 Madrone Ave, —— - Los Gatos, CA 95030 (408) 377-3017 shop (408) 377-3505 fax (408) 354-5413 accounting Ca. Lic. #446107 Estimate to: City of Cupertino Facilities Dept. Attn: Roger & Rudy 10555 Mary Ave. Cupertino, CA 95014 FAX# 777-3399 Re: Service Yard 10555 Mary Cupertino, CA Provide labor & materials as follows: 1 ) Replace water neater & fittings at Service Yard. Work to be done on a time & materials basis not to exceed $2000.03 Not included in this estimate: Permit fees. Water heater. Signed_-- -z1‘� Date ' 13 Accepted_ --- Date«