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03-048 Therma- E o ~F .~~~ ~~ CITY Qf ~ ~~ V C~JPE~TI~1 AGREEMENT ~ ~~: a :-.~ .:., .. No.~~.3~ `~~' CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 BY THIS AGREEMENT, made and entered into on the 25tH by and between the CITY OF CUPERTINO (Hereinafter referred to ~~s CITY) and Name (1) Therma _ (2) Address 1601 Las Plumas Avenue City Sari Jose, CA Zip 95133 Phone (408) 347-3400 (Hereinafter referred as CONTRACTOR), in consideration of their miatuaf covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Provide temporary domestic water and sanitary sewer connection:: for Sports Center project EXHIBITS: The following attached exhibits hereby are made part of ':his Agreement: Therma proposal dated April 4, 2003 TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on April 25, 2003 and shall be completed before riay 17, 2003 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $4, 852.00 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 agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liab a for acts of Contractor in performing services described herein. due to negligence, errors and omissions 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 withcut the written consent of the Ciry. 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 Terry Greene DEPARTMENT Public Works This Agreement shall become effective upon its execution by I;,ITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: _- - gy Title , CITY OF CUPERTINO: Ely l'itle Senior Architect ~~ee-sec. # ~y - i ~-G(~~- r~ y-~ PRE~ICIE~1~ APPJ~VAL~ ~ ~ % ,/ j ~ i ~ E:XPENDITURE DISTRIBUTION DEP EN ACCOUNT NUMBER AMOUNT CITY CL RK DATE .~ li 3 / ~~ }~ r`; day of April , 20 03 , White: City Clerk l Green: Finance Yellow: Contractor I ~ Pink: Receiving Gold: Department ~~mo Apri14, 2003 Chris Thompson Nova Partners, Inc. 307 Town & Country Village Palo Alto, Ca 94301 Subject: Cupertino Sports Center Dear Chris, 1601 LAS PLUMAS AVENUE SAN JOSE, CALIFORNIA 95133-1813 (408) 347-340f1 Therma is pleased to offer our Plumbing Proposal for the above subject project. This Proposal was based on the job site walk through on 3-21-03. Therma Corporation proposes to saw cut concrete and remove curb in area just outside the tennis courts in the back parking lot. Removal of any asphalt will also be included. Then, tie into existing 6" sanitary line and spot ~Zew sanitary line in planter area adjacent to tie-in location, (same planter area where domestic supply line is located). From here, tie into domestic supply line in planter area just rnentioned and stub up adjacent to new sanitary line. Upon arrival of trailers, Therma will makc: final connections of domestic water supply line and sanitary sewer line. Therma will pull all appropriate permits and test/inspect all work. Bid also includes back fill and replacement of curb; asphalt and concrete. PLUMBING TOTAL ............................................................ $ 4,852.00 Please Eeel free to contact me at any time with any questions you may have. Thank you for the opportunity to bid this project. Sincerely, David Marshall Therma Corporation 408-347-3400 x.1403