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01-043 Interior Systems & Service Co.AGREEMENT ~~ ITY OF CUPERTINO b (~~ city of ~ 10300 Tone Avenue Cupertino ~~ ~ Cupertino, CA 95014 ~~~~ ,' ~~ 408 77'7 3200 NO. BY THIS AGREEMENT made and entered into on the _ - ~ day of 3~ ~ ~ ~~ I by and between the CITY OF CUPERTIN~ (Hereinafter r~aferred to as CITY) and Name (1) /NT£!/Ll C91'~ ~~ius r~Q/~G£ ~q2) Address ~BCI t-fcc~Is /~l~ s"~/~ City ~~ /of,E Zip 9S/ Phone ~oP> 2~7-t~Z3 7 (Hereinafter referred as CONTRACTOR), in consideration of their m tual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: EXHIBITS: The following attached exhibits hereby are made part of this Agreement: TERMS: The services and/or materials furnished under tf•is Agreement shall commence on Jy/U'~ ~. ~' O°t and shall be completed beforeTUAJ e 30 ; ~ ©c~ 1 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 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 of every nature, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. 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 tl~e 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 relation 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 auth~~rized 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 CI1~Y shall be: .~-- . NAME ', ~ ~t ,~Atr'~S DEPARTMENT ~"/`~~~~/ T~ S ~~~ This Agreement shall become effective upon its execution ~y CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTINO:_ ,, By By ~f!i-i~t.c-~ Title Title c~/3C o ~ W~'~°if'S' S4ro~`'n~f/So2 Soc. Sec. # ~~`~- `/ APPROV I.XPENDITURE DISTRIBUTION DEPAR DATE ACCOUNT NUMBER AMOUNT 6 s ce i1©~ ~~oy~ 9 0o al ~ht, CI CLERK DATE I f CITY CLERK COPY CITY OF CtrPERTINO BID StJN1JVIARY BID SPECIFICATION: ~~E? (~ Sc~ ~~ ®~ W o ~K ~ ~ Quantity Bid prices must iinclude sales tax and freight cost VENDOR UNIT EXTENDED SALES PHONE NO. PRICE BID PF:ICE TAX FREIGHT TOTAL CONTACT NAME =N 7~eR lOl~ Sys; e~ y DA~+ ~f3C AnJCKA~ 0 I ~j ~oQ- !d f 17oN~ R+~f/T f~colyi~J~' s E~ rY~~s, s,~c . ~A~' g~s~ ag 3~~-$~~~~ , L/~G~FoRN.'A C o.1JS i. Lv . ART ~~RReA ~ ~'' ~ / ~ I CJ' ^1~3~~ g9aa ` Jtl¢/Q ~3u~oDeks ~ ~g~ ~ ~ ~ ~~ ~ I t - c~ a~ If low bid is acceptable no further discussion is necessary DISCUSSION: RECOMMENDATION: Vendor Number I. ~` OVAL 2. 0 3. 0 4. Authority Purchasing Officer (Finance Department ) ~~ Date Date G. I F CUPEI~TINO 4/19/01 Quinlan Cente~~ Activity Room Scop_ f' Work Purpose: To create an environment to better accommodate the various classes being held in this room. A Floating Wood floor (by other:.) will be installed for the aerobics classes. A Heating/air conditioning system sepazate from the main building will be installed for better climate control of the room. A T-baz ceiling with lighting, to help with sound acoustics to be installed. Scope of work 1. Submit plans and drawings (seismic bracing for T-baz, electrical, ~~~-dust~,~ to Building Dept. for review and approval prior to any work being performed. 2. Remove existing lighting. Globe hanging light fixtures to be given to Facilities Department. 3. Install T-baz drop ceiling, at same height a:; low ceiling to rear patio door. 4. Recessed Grid-type Troffler Fixture 2 or 4-bulb x 4' T-8 Florescent light fixtures with 277 volt ballast to be installed in T-bar ceiling as required for proper light dispirsment per building code. 5. Fire sprinkler system to be extended into n~~w ceiling. • » 7. All electrical wiring for lighting, ~ea~g/~ 9. Window removal as required. 10. Roof patching as needed. erg 12. Clean up and disposal of all debris. 13. All permits will be provided at no charge from City. Quinlan Center Activity Room continued, 14. All work to be performed from June 1, 201)1 through June 29, 2001. 15. Bids must be submitted by May 11, 2001. If you have any Questions or concerns contact.: Chris Orr (408) 777-3272 Jim Davis (408) 777-3271 Fax: (408) 777-3399 10555 Mary Ave. Cupertino, Ca., 95014 FROM BORGES DESIGNS PHONE N0. 408 578 3627 May. 30 2001 06:34AM P2 i May 11, 2001 Chris Orr City of Cupertino 1 p555 Mary Ave Cupertino, CA 95014 INTERIOR SYSTEMS AND SERVICE CO. 180 Lewis Rcl. Suite 13 San Jose, C:A 85111 CSL 33'7897 PROPOSAL AN[I CON't`RACT Y_____._____.________r_ We propose the following at the Quinlan Center Activity Room, 10185 N. Stalling Rd. 1) All plans and drawings as required by city. 2) Demo existing I~ght fixtures and save. Install 18 flourescent lights as specified. Provide electrical circuits as needed for lighting. 3) Tie into existing HVAC system and install 6 supplys and 2 returns 4} Roofing as required for penetrations. 5) l=ire sprinklers with ca{c. and drawings. 6) Suspended ceiling to match existing. 7} Cleanup, debris hauling and dump fees. Subtotal Supervision, profit and ovefiead ~ 15% Total Bid 560.00 7,200.00 2,700.00 250.00 3,700.00 3,662.00 860.00 1$,932.00 2,839.80 21,'771.80 Payment sd~edule to be as follows_1/3 upon starting, 1l3 when HVAC and electrical is roughed in, balance upon completion- Please note that we are liable only for the work liE~ed In this contract. Any changes or aEterativrts may be extra and will require you to sign a worts order designating type of changes or additions to the original oontract and costs of such wgrk or raterials. Changes and additions will extend the projected completion time of the project. Ali agreemerrts corrtingent upon strikes, accidents, availability of materials or delays beyond our corttlnl. A day for day extension will be allowed for delays beyond our control. All materials delivered 1:o the job site become owners responsibility to secure. Remodeling can have additional costs due to cortC~:aled conditions unknown until exposed during oonstruction_ Atso, at additional cost, is work done by others that may have to be brpught up to code as designated by {oval authorities. Any damage to the structure or its contents done by others are not included in the contract price. Notice to I~lvner (Section 7019 - Contrac#ors ~ioanse Law) l)nder the California Mechanics Lien Law, any contractor. suboontrar~or, laborer, material supplier or any other person or entity who helps irr~trnre your property and is not paid for his or het work of Sup~~lieL, has the right to place a ii®n on your home, lantl or property where the work was performed and to sue you in court to obtain payment. This means that attar a court hearing, your home, land or properly E~ould be sold by a court ofticer and the proceeds of the sale be FROM BORGES DESIGNS PHONE N0. 408 578 3627 May. 30 2001 06:35AM P3 used to satisfy what you ovwa. This can happen raven if you hav® paid your Contractor in full if the laborers or suppliers remain Unpaid. ;r it ,I wntradlor's ~suboontractors, To preserve their rights to file such claim or lien against your property, certain claimants such as subcontractors qr malarial suppliers are each required to provide you with a document called a "Preliminary Notice." Contractor's and laborers who contract with owners der ~ not have to provide such a notice since you are aware ~~ their existence as an owner. A prelimhary nalice is not a lien against your properly. IYs purpose is notify you of persons or entities that may have a right to file a I'ren against your properly if they are not paid. In order to perfect their lien rights, a contractor, subcmtractor, supplier or laborer must file a mechanics' lien with the County recorder which then beoornes a reCarded lien against your proparty_ Gerieraty, the maximum tirrre aliorMBd for fling a mechanics' lien against your properly is 90 days aRer substantial completion of your project. TO ENSURE EXTRA PROTECTION FOR YOURSELF ANO YOUIZ PROPERTY, YOU MAY WISFt TO TAKE ONE OR MORE OF TI1E FOLLOWING STEPS: (1) E7equire that your cpr-trac~or supply You with a payment frond (not a license bond) which provides that the bonding company will either complete the project or pay the damages up to the amount of the bond- This payment end perfonnanc8 bond as well as a copy of the oonstr'uCtion contract should be frred with the county recorder for further protection. The payment and performance bond will usualy oast up to 5% of the contract amount depending on the contractor's bonding ability. If a contractor cannot obtain such bonding, it may indicate his or her financial incapacity. (2) Require that payments lie made directly m subcontractors and material suppflers through a joint control. Funding services may be available, for a fee, in your area which will establish voucher or other means of payment to your contractor. These services may also provide you with li@n waivers and other forms of protection. Any joint control agreement should include the addendum approved try the registrar. (3) Issue jant chedts for payment, made out to both your contractthr and SubCOrrtractoB or material suppliers involved in the project. The joint checks should be made payable to the persons or entities ~tYhiCfi send preliminary notices to you. Those paraorrs or entities have indiCdeBd that they may have lien rights On your propQrty, therefore you need to protect yourself- This will help th ensure that all per3orrs due payment ate actually paid. (4) Upon making payment on any completed phase of the project and before making any further payments, require your contractor to provide you witlt unoonditiatai'Waiver and Release" fortes signed by each material supplier, subcontractor and laborer invohred with that portion of the work for which payment was made- The statutory lien releases are set forth m exact language in section 32112 of the Civil Code. Mast stationary stores will sell the "Waiver and Release" fomts if your contractor dose not have them, the material suppliers, subcorrtraCtani and laborers are entities that have filed preliminary notices with you. If you are not certain of the material suppliers, subcontractors and laborers working on the project, obtain a list from your contractor. On projects invohrirx3 improvements to a angle family residence or a duplex owned by the lndnriduals, they person signing #hese releases toss the right to file a nreChanic;w' Gen against your property- In other types of construction, this prabecdiixr may st7l be important but may no# be as CompHt6_ To proeect yourself under this option, you must be certain that ail material suppliers, subcontractors and laborers have signed a 'Waiver and Release" form. tf a mechanics' Gen has been filed again:# your properyy, it can only be voluntarily released by a recorded "Release of Mechanics' Lien" form, signed by the person or entity that filed the rrrechan"~s' free against your property unless the lawsuit bo enforce the 1'ren was not timely filed. You Should not make ;any final payments until any and aU such liens arrj removed- You should consult an attorney if a lien is filed against your property. Rasp ctfulty submitt Date D ~/ Acceptance of Proposal i/we accept this proposal, all terms and conditions as set forth and also agree if collection procedures are necessary to procure payment for labor, materials yr services rendered l/we agree to be liable and to pay for all costs incurred for collection including but not limited to court costs and attorneys fees- I/we agree to pay a late charge of 5°~ per month and 1 1/2% per month interest on any balance unpaid as agreed- Authorized signature(s) Date Date DONE RIGHT ROOFING AND GUTTERS, INC 1129 LONGFELLOW AVENUE CAMPBELL, CA 95008 PH. (408) 377-8777 FAX (408) 377-5502 www.donerightroofing.com CUSTOMER ADDRESS City of Cupertino 10555 South Mary Cupertino, CA 95014 PROPOSAL DATE NO. 5/22/2001 2020 JOB SITE 10185 Stelling Rd. LICENSE # REP 774962 DWL CONTACT CONTACT # Chris Orr 408-591-1456 DESCRIPTION For Quinlan Center Activity Room Project Furnish all materials and labor according to specifications of City of Cupertino, Quinlan Center Activity Room. Project package MINUS H-VAC unit. Complete project to owners approval. Haul all debris. 2 Payments billed weekly Thank you Dan Lawrence TOTAL 29,865.68 Dona Right Roofing & Gutters, Inc. Lic. #774962 B-1 C-39 C-43 TOTAL $29,865.68 NOTICE TO OWNER CALIFORNIA ADMINISTRATIVE CODE SECTION 862 Effective January I , 1993, the "Notice of Owner" form required by Section 7018.5 of the Business and Professions Code shall be that set forth below. NOTICE TO OWNER Under the California Mechanics' Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. Th~~ -n happen even if you have paid your contractor in full if the contractor's subcontractors, laborers, or suppliers remain unpaid. To preserve their right to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are required to provide you with a document called a "Preliminary Notice". Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics' lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project. TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU MAY W[SH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS: (1) Require that your contractor supply you with a payment and performance bond (not a license bond), which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for your further protection. The payment and perftxmance bond will usually cost from I to 5 percent of the contract amount depending on the contractor's bonding ability. If a contractor cannot obtain such bonding, it may indicate his or her financial incapacity. (2) Require that payments to be made directly to subcontractors and material suppliers through a joint control. Funding services may be available, for a fee, in your area which will establish voucher or other means of payment to your contractor. These services may also provide you with lien waivers and other forms of protection. Any join[ control agreement should include the addendum approved by the Registrar. (3) Issue joint checks for payment, made out to both your contractor and subcontractors or material suppliers involved in the project. The join[ checks should be made payable to the persons or entities which send preliminary notices to you. Those persons or entities have indicated that they may have lien rights on your property, therefore your need to protect yourself. This will help to insure that all persons due payment are actually paid. (4) Upon making payment on any completed phase of the project, and before making any further payments, require your contractor to provide you with unconditional "Waiver and Release" forms signed by each material supplier, subcontractor, and laborer involved in that portion of the work for which payment was made. The statutory lien releases are set forth in exact language in Section 3262 of the Civil Code. Most stationery stores will sell the "Waiver and Release" forms if your contractor does not have them. The material suppliers, subcontractors, and laborers that you obtain releases from are those persons or entities who have tiled preliminary notices with you. If you are not certain of the material suppliers, subcontractors, and laborers working on your project, you may obtain a list from your contractor. On projects involving improvements to asingle-family residence or a duplex owned by individuals, the persons signing these releases lose the right to file a mechanics' lien claim against your property. In other types of construction, this protection may still be important, but may not be as complete. To protect yourself under this option, you must be certain that all material suppliers, subcontractors, and laborers have signed the "Waiver and Release" form. [f a mechanics' lien has been filed against your property, it can only be voluntarily released by a recorded "Release of Mechanics' Lien" signed by the person or entity that filed the mechanics' lien against your property unless the lawsuit to enforce the lien was not timely filed. You should not make any final payments until any and all such liens are removed. You should consult an attorney if a lien is filed against your property. READ AND ACKNOWLEDGED Owner or Tenant Signature Date NOTICE OF CANCELLATION You may cancel this transaction, without any penalty or obligation, within three (3) business days from the above date Date of If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten (10) days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish ,comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within twenty (20) days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you tail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to (Name of seller) (Address of seller's place of business) not later than midnight of (Date) hereby cancel this transaction (Date) (Buyer's Signature)