16-103 COBE Construction, McClellan Ranch Black Smith ShopCITY OF
l~I AGREEMENT CITY OF CUPERTINO
· · · 10300 Torre Avenue
· Cupertino , CA 950 14
CUPERTINO 408 -777-3200 NO . ZOI 7 -Zo"f
THIS AGREEMENT, made and entered into this 19th day of July 2016 is by and
between the CITY OF CUPERTINO (Hereinafter "CITY") and COBE Construction
498 Sa/mar Ave., Campbell, CA 95008
(address/phone/email) (408) 371-3400; dan@cobeinc .com
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:
(see attached Exhibit A)
Check box if services are further described in an Exhibit. ~
EXHIBITS : The following attached exhibits hereby are made part of this Agreement: Exhibit A
TERM : The services and/or materials furnished under this Agreement shall commence on
Julv 19. 2016 and shall be completed no later than August 26, 2016
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$ 4,998 .00
California Labor Code , Section 1771 requ ires 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 th is Agreement , without prior written consent
of CITY .
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Sho rt Fo rm Agree ment
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: $500 ,000
each occurrence
$1 ,000 ,000
aggregate -all other
Property Damage: $100 ,000 each occurrence
$250 ,000 aggregate
If submitted , combined single limit policy with aggregate limits in the amounts of
$1 ,000 ,000 will be considered equivalent to the required minimum limits shown
above.
(3) Automotive :
Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injury: $500 ,000 each occurrence
Property Damage: $100 ,000 each occurrence
or
Combined Single Limit: $500 ,000 each occurrence
( 4) Professional Liability :
Professional liability insurance which includes coverage for the professional acts ,
errors and omissions of Consultant in the amount of at least $1 ,000 ,000 .
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 and 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
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Sh011 Form Agreement
Agreement. Contractor cert ifies 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
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 CO-ORDINATOR and representative for CITY shall be :
NAME: Alex Acenas DEPARTMENT: Public Works -CIP
This Agreement shall become effective upon its execution by CITY , in witness thereof, the parties
have executed th is Agreement the day and year first written above. ·
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Sh011 Form Agreem ent
COBE
CONSTRUCTION
July 18 , 2016
Alex Acenas
Project Manager, Public Works Dept.
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Sub : McClellan Ranch Black Smith Shop
Re : Proposal
Dear Alex ,
EXHIBIT A
We are pleased to offer this proposal for the work at McClellan Ranch . Following is a detailed
scope of work and a list of proposal qualifications .
SCOPE OF WORK
Drawings
• Provide a simple floor plan sketch .
• Sketch will show the following .
• Door locations
• Window locations
• Table and bench locations
• Location of fire sprinkler riser
• Location of new fire extinguisher
• Lay out of removable barricade
• Black smith furnace flue pipe
• Exiting, pull station and emergency lights
Note: Submitting drawings to City for approval or permits is not included in this scope.
Mobilization
• Protect area around were the work is to be done .
• Protec public from construction work whi le being done .
Fire Protection
• Prov ide and install %" cement board on wall next to furnace .
• Cement board to go approximately 4' height and 8' long .
• Provide and install a California State approved spark arrester on furnace flue
pipe on roof.
Note: Flue pipe connection below roof is to be done by others.
No fire sprinkler work, drawings or permits are included in this scope.
• Install rusty steel plate on top of cement board .
• Steel plate to be provided by the City of Cupertino.
COSE Construction Incorporated
498 Salmar Avenue Campbell , CA 95008
Phone (408) 371 -3400 =-Fax (408) 371-3401 License #835122
COBE Construction Inc. -Proposal
McClellan Ranch Black Smith Shop Fire Up Grades
Daily and Final Construction Clean-up
• Provide labor to keep the project clean and safe during demolition. At
the end of the project , provide a final construction clean up.
EXHIBIT A
Total Cost: $4,998.00
PROPOSAL QUALIFICATIONS AND PROJECT NOTES
1. We will insure that all subcontractors will be given subcontracts to protect the
property owner, client and COSE Construction , maintain current insurance (liability
and workers compensation), provide proper lien releases , and have proper licenses
and bonds required by the State of California .
2 . We have not included any of the following :
• Landscaping
• Concrete saw cut and demolition
• Irrigation
• Safe off of any utilities
• Site work
• Painting
• Rough Carpentry
• Grading
• No HVAC work
• No electrical work
• No plumbing work
• No flooring
• No overtime
• Existing code violations
• Handling and disposal of hazardous waste
• Liquidated damages
• Permits
• Bonds
• Special inspections
• Architectural Design
• Structural Design
3. Any scope of work for the following trades are not included :
• Security Alarms
• Fire Alarms
• Fire sprinkler drawings or permits
We appreciate this opportunity to quote your work. Please call if there are any questions. Dan
can be reached any time at (408) 410-3889 .
l!aAlil u/? Jif/(
Dan W Piber
COBE Construction Inc.
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