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08-116 Upgrade to Lighting in Council Chambers, Musson TheatricalOFFICE OF THE CITY CLE?RK CITY HALL '10300 TORRE AVENUE • <~UPERTINO, CA 95074-3255 TELEPHONE: (408) 777-323 • FAX: (408) 777-3366 CUPERTINO November 5, 2008 Musson Theatrical 890 Walsh Avenue Santa Clara, CA 95050 RE: AGREEMENT Enclosed for your files is a copy of the fully executed agreement with the City of Cupertino. If you have any questions or need additional inforlTlation, please contact the Communication Department at 777-3264. Sincerely, Julia Kinst Administrative Clerk AGREEMENT CITY OF CUi~ERTINO 10300 Torre Avenue Cupertino, GA 95014 408-777-:3200 No. 032794 BY THIS AGREEMENT, made and entered into this 21 day of October, 2008, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Mussoni Theatrical, Address 890 Walsh Avenue, Santa Clara, CA 95050, Phone: (408) 986-0210. (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: Community Hall Television Lighting Upgrade Project EXHIBITS: The following attached exhibits hereby are made part of this Agreement:: Exhibit "A" proposal TERMS: The services and/or materials famished under this ~4greement shall commence on October 27, 2008 and shall be completed before March 31, 2009_ COMPENSATION: For the full performance of this Agreement, CITY shalt pay CONTRACTOR: Based on T8M with a maximum not to exceed of $25,000.00 without written authorization California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contrsct 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 claiim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in perto nning services described herein. Insurance_ Should the City require evidence of insurability, Contractor shall rile 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-Discrtmination_ 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 tre nsfened 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 a~hall be: E TERED NAME: Peter Coglianese DEPARTMENT: Comm anon epartment This Agreement shall become effective upon its execution t.y CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: Title F1 ~ -~-~ a M vc rS ~ .S a~ c t V7 arm av r Tax LD.#: w rsooww r c / CITY OF C RT By ___ Peter oglianese, Media Coordinator 1.XPENDITURE DISTRIBUTION .-. D T ENT D E ~ 420.5244300 ~ , 525,000.00 ~ RK D/% C~ G-- ~ ~ ~~ J „~~~SS~\ 890 Walsh Avenue, Santa Clara, CA 95050 PH: 0408) 986-02'10 (800) THEATER FX: (408)-986-9552 EL~~.~9 dinna(c~musson.com THEATRICAL -TV - FILM Services & Equipment for the E-ntertainment Industry March 14, 2008 City of Cupertino Attn: Peter Coglianese PH: 408-777-1358 peterc @ cupertino.org RE: Your request for quote Hi Peter, Thank you for meeting with me concerning the up,erade for your lighting package for the council chambers. My recommendations are as follows: • The city should retain the services of a piofe;ssional television lighting specialist. I would estimate you will need a total of 5 days of his time, including a predes><gn site visit, drafting of a light plot, fixture selection, installation coordination, focus and filtering, and programming. His fee is $650.00 per day, so S days will be a total of $3,250.00. You can issue a purchase order for this amount to Musson and we will coordinate this work for you. • You will need to replace about 10 dimmer modules with Fluorescent Dimmer Modules, which run $300.00 each for a total of $3,250.00 including sales tax. This will give you the ability to install up to 20 Video Fluorescent fixtures. • If you wish to more pipes or do additional rigging over the stage area, I would estimate that work at approximately $3,500.00 including :materials and labor. I believe you can save this amount by simply moving one of the existing pipes down stage, but I will leave that to you and the designer. • Finally, the Videssence PowerKey fluorescent fixtures I showed you run approximately $1,000,00 each. I believe you will need at least 1 O to do what you want to do, so I would budget that at about $11,000.00. Again, I will leave that to the discretion of you and the designer to work out. GRAND ESTIMATED TOTAL FOR THIS PROJECT IS: $?-0,000.00 Please allow 60 days for completion from time of order. Prices are good for thirty days. Terms are net 30 days with a purchase order. Initial order should be for design services only. Dinna Myers /Sales Manager