01-104 City Hall Conf. Rm A & B remodel
E. CONTRACT FOR PUBLIC WORK5
This CONTRACT made on i~i~E' by the CITY OF
CUPERTINO, a municipal corporation of the State of Cali ornia, hereinafter called CITY, and
Eddie Torrez Construction, hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and (CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of the following
contract documents:
a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion
Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form.
b. Standard Specifications, General Provisions rind Special Provisions.
c. Plans and Specifications for Cupertino City Hall Conference Rooms A & B Remodel,
Project No. 2001-06
d. Faithful Performance Bond and Materials Bond.
e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance,
Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project,
Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy
Cancellation Endorsement.
f. This Contract for Public Works.
All of the above documents are intended to cooperate so that any work called for in one and not
mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said
documents. The documents comprising the complete contract are sometimes hereinafter referred
to as the Contract Documents. In case of conflict between the Plans and the Specifications on the
one hand, and this Contract on the other, the Plaris and Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees t~~ furnish all of the tools, equipment, apparatus,
facilities, labor, transportation and materials necessary to perform and complete in a good and
working order, the work of remodeling City l [all Conference Room A ONLY as called for,
and in the manner designated in, and in strict conformity with, the Plans and Specifications
prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled,
respectively, Cupertino City Hall Conference Rooms A & B Remodel and which Plans and
Specifications are identified by the signatures of the parties to this Contract. It is understood and
agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be
furnished, and that said work shall be perform~;d and completed as required in said Plans and
Specifications under the sole direction of CONTRACTOR, but subject to the inspection and
approval of CITY, or its representative.
CITY hereby designates as its representative fo:r the purpose of this Contract the Engineer, Mr.
Ralph A. Qualls, Jr.
3. CONTRACT PRICE. CITY agrees to pa;~, and CONTRACTOR agrees to accept, in full
payment for the work above agreed to be done, t:he sum of Thirty Nine Thousand Dollars and
no cents ($39,000.00) subject to additions a~id/or deductions as provided in the Contract
Documents, per Exhibit A attached hereto.
4. DISPUTES PERTAINING TO PAYMEN7C FOR WORK. Should any dispute arise
respecting the true value of the work done, o;r any work omitted, or any extra work which
CONTRACTOR may be required to do, or respecting the size of any payment to
CONTRACTOR during the performance of this Contract, said dispute shall be determined either
by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if
applicable, or in accordance with the agreement of the parties, or in accordance with Section 6,
paragraph "f' of the General Provisions.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and e~~sements for the construction of the project, give
all necessary notices, pay all fees required by law, and comply with the laws, ordinances and
regulations relating to the work and to the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper
facilities and provide safe access for inspection l:~y CITY to all parts of the work, and to the shops
wherein the work is in preparation. Where the Specifications require work to be specially tested
or approved, it shall not be tested or covered uI- without timely notice to CITY of its readiness
for inspection and without the approval thereof or consent thereto by CITY. Should any such
work be covered up without such notice, appro~ral, or consent, it must, if required by CITY, be
uncovered for examination at CONTRACTOR' S~ expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time
during the progress of the work require any alterations, deviations, additions or omissions from
the Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and
the same shall in no way affect or make void th.e Contract, but the cost or value thereof will be
added to, or deducted from, the amount of the (~ontract price, as the case may be, by a fair and
reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if
applicable, the Standard Specifications, or in accordance with the agreement of the parties. No
extra work shall be performed or change be made except by a written order from CITY, duly
authorized by resolution of the City Council, anal by all agencies whose approval is required by
law, stating that the extra work or change is <<uthorized, and no claim for an addition to the
Contract sum shall be valid unless so ordered.
8. CHANGES TO MEET ENVIRONMENT.~L REQUIREMENTS. CITY shall have the
right to make changes in this Contract during the course of construction to bring the completed
improvements into compliance with environmental requirements or standards established by
State and Federal statutes and regulations after the Contract has been awarded or entered into.
CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if
applicable, or in accordance with the agreement ~~f the parties.
9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be
terminated, amended or modified, with the mutual consent of the parties. The compensation
,~
payable, if any, for such termination, amendment or modification, shall be determined either by
reference to the Unit Price bid, if applicable, the: Standard Specifications, or in accordance with
the agreement of the parties.
10. TIME FOR COMPLETION. All work under this Contract shall be completed in
accordance with the Time for Completion section in the Proposal and the Specifications of this
project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its
employees, or those under it by contract or othe»vise, or by changes ordered in the work, or by
strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any
causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause
which CITY shall determine justifies the delay, then the time of completion shall be extended
accordingly. This paragraph does not exclude tl~e recovery of damages for delay by either party
under other provisions in the Contract Documents.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY
a sufficient time in advance of the manufacture, production or testing of materials to be supplied
under this Contract, in order that CITY may arra~ige for mill, factory or laboratory inspection and
testing of same.
12. TERNIINATION FOR BREACH OR IrTSOLVENCY. If CONTRACTOR should be
adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a
receiver should be appointed on account o f insolvency, or if CONTRACTOR or any
subcontractor should violate any of the provisions of the Contract, CITY may serve written
notice upon CONTRACTOR and CONTRAC~COR' S surety of its intention to terminate the
Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract,
and unless within ten (10) days after serving of such notice, such violation shall cease and
satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration
of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall
immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the
surety shall have the right to take over and perform the Contract; provided, however, that, if the
surety within fifteen (15) days after the serving upon it of notice of termination does not give
CITY written notice of its intention to take over and perform the Contract, or does not
commence performance thereof within thirty (30) days from the date of the serving of such
notice, CITY may take over the work and prosf;cute the same to completion by contract, or by
any other method it may deem advisable, for the account and at the expense of CONTRACTOR,
and CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost
occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take
possession of, and utilize in completing the work, such materials, appliances, plant and other
property belonging to CONTRACTOR as may b~~ on the site of the work and necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to amounts which CITY may retain under other
provisions of the Specifications until final completion and acceptance of all work covered by the
Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as
in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors
for labor and services rendered and materials funlished in and about the work.
City may apply such withheld amount or amounts to the payment of such claims in its discretion.
In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by
CITY shall be considered as a payment made wider the Contract by CITY to CONTRACTOR,
and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such
payment may be made without prior judicial determination of the claim or claims. With respect
to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR
will be entitled to substitute securities as provided in Section 4590 of the California Government
Code as more fully described in CITY' S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under
this Contract shall be in writing, and shall be dated and signed either by the party giving such
notice, or by a duly authorized representative of such party. Any such notice shall not be
effective for any purpose whatsoever unless served in the following manner: (a) if the notice is
given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing
same in the United States mails, enclosed iti a sealed envelope, addressed to CITY OF
CUPERTINO; 10300 TORRE AVENUE; CLrPERTINO, CA 95014; postage prepaid and
certified; (b) if the notice is given to CONTR,~CTOR, either by personal delivery thereof to
CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the
project, or by depositing same in the United States mails enclosed in a sealed envelope,
addressed to, 6070 Vilmar Avenue, San Jose, C'A 95120, postage prepaid and certified; and (c)
if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery
thereof to CONTRACTOR'S surety or other person, or by depositing
same in the United States mails, enclosed in a sE;aled envelope, addressed to CONTRACTOR'S
surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of
the person last communicated by such person to the party giving the notice, postage prepaid and
certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor
moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior
written approval of CITY.
16. COMPLIANCE WITH SPECIFICAT][ONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by patent or proprietary name, or
by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY
agrees in writing to some other material, process; or article offered by CONTRACTOR which is
equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove
equality of any such material, process or article offered as a substitution to the one(s) specified.
17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of
CONTRACTOR'S employees employed at the site of the project. In case any work is sublet,
CONTRACTOR shall require any and all ;subcontractors similarly to provide Worker's
Compensation and Employer's Liability Insurance for all of the Tatter's employees unless such
employees aze covered by the protection afforded to the CONTRACTOR.
In signing this Contract CONTRACTOR makes the following certification, required by Section
1861 of the Labor Code: "I am awaze of the pro~~isions of Section 3700 of the Labor Code which
~~
requires every employer to be insured against fiat>ility for worker's compensation or to undertake
self insurance in accordance with the provisions ~f the Labor Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the
protection of persons (including employees) and property. The safety provisions of applicable
laws, building codes and construction codes shall be observed. Machinery, equipment and other
hazards shall be guarded or eliminated in accordance with the safety provisions of the
Construction and Safety Orders issued by the vldustrial Accident Commission of the State of
California.
19. CONTRACTOR'S RESPONSIBILIT~c' FOR THE WORK. CONTRACTOR shall
not be responsible for the cost of repairing or rf;storing damage to the work caused by Acts of
God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item,
obtain the insurance to indemnify CITY for an:y damage to the work caused by Acts of God.
"Acts of God" shall include only the following occurrences or conditions and effects:
earthquakes and tidal waves, when such occurrences or conditions and effects have been
proclaimed a disaster or state of emergency b~~ the President of the United States or by the
Governor of the State of California, or were of ~i magnitude at the site of the work sufficient to
have caused a proclamation of disaster or state of emergency having occurred in a populated area.
Subject to the foregoing, CITY shall not, in an;y way or manner, be answerable or suffer loss,
damage, expense or liability for any loss or darr~age that may happen to said building, work, or
equipment or any part thereof, or in, on, or about the same during its construction and before
acceptance.
20. CONTRACTOR'S GUARANTEE. CI~NTRACTOR unqualifiedly guarantees the
first-class quality of all work and of all materials, apparatus and equipment used or installed by
CONTRACTOR or by any subcontractor or suI-plier in the project which is the subject of this
Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which
event CONTRACTOR unqualifiedly guarantec;s such lesser quality; and that the work as
performed by CONTRACTOR will conform with the Plans and Specifications or any written
authorized deviations therefrom. In case of any defect in the work, materials, apparatus or
equipment, whether latent or patent, revealed to CITY within one (1) year of the date of
acceptance of completion of this Contract by CI'J,Y, CONTRACTOR will forthwith remedy such
defects without cost to CITY.
;i
P.O. No.
21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of
the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The
alternates chosen would be for any sites currently under construction or to be constructed in the
future.
IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and
year first hereinabove written.
CITY OF CUPERTINO: CONTRACTOR:
BY~ ~~ L~u~
,-
City Manager
Attest:
City Cl •k
Date:~~. MCP , 20 ~~
City Clerk
Notary acknowledgment is required. If a
corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
I.D. are required. If not a corporation a
Social Security No. is required.
~~306/S~
Social Security # Federal Tax I.D. #
APPROVED AS O FO
City Atto ey
Contractor's License No. ~ 17~~
Project Name & Number: Cupertino City Hall Conference Rooms A & B Remodel, Project
No. 2001-06
Contractor's Name & Address: Eddie Torrez Construction
6070 Vilmar AvE~nue
San Jose, CA 9~~120
Contract Amount: $39,000.00
Account Number: 110-9215-9300
File No: 51,045.43
6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Santa Clara
On November 27,2001 before me, Mark Gentry ,
DATE NAME, TfILE OR OFFTCER - E.G. "JANE DOE, NOTARY PUBLIC"
personally appeared Gabriel Torrez ,
NAME(S) OF SIGNER(S)
[X] personally known to me - OR - [ ]proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and :Itcknowledged to me that helshe/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
i~
AAARK GENTRY WITNESS my hand and official seal.
'Commission # 1198115 --___
-.y Notary Public - Califamia ~ __ ~
Santo Clara County r _.----~-
My Cantu. F>~s Oct 10.2002 --'''~"~~~
~~ -
SIGNA FNOTARY"~--~-``
__ ~_~
OPTIONAL
Though the data below is not required bylaw, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
[ ]INDIVIDUAL
[X] CORPORATE OFFICER
President
Trn.E(s)
[ ]PARTNER(S) [ ]LIMITED
[ ]GENERAL
[ ]ATTORNEY-IN-FACT
[ ]TRUSTEE(S)
[ ]GUARDIAN/CONSERVATOR
[ ]OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTfTY(IES)
Eddie Torrez Construction Co., Inc.
TIT]:E OR TYPE OF DOCUMENT
7 including this page
NUMBER OF PAGES
November 27,2001
D~-TE OF DOCUMENT
SIG1vER(S) OTHER THAN NAMED ABOVE
DISCRIPTION OF ATTACHED DOCUMENT
Contract
CUPEf~TINO INSURANCE AGREEMEN7C
A. Contractor is aware of the provisions of Section :3700 of the Labor Code, which requires
every employer to be insured against liability for worker's compensation or undertake self-
insurance in accordance with the provisions of that Codc;, and will comply with such provisions
before commencing the performance of the work of this Contract.
B. Contractor and all subcontractors will .carry worker's compensation insurance for the
protection of its employees during the progress of the work. The insurer shall waive its rights of
subrogation against the City, the City's officers, age~its and employees and shall issue an
endorsement to the policy evidencing same.
C. Contractor shall carry at all times, on all operations hereunder, commercial or ~'
comprehensive general liability insurance, automobile liability insurance and builder's all risk
insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced
by the issuance of a certificate in a form prescribed b~~ the City and shall be underwritten by
insurance companies satisfactory to the City for all oF~erations, sub-contract work, contractual
obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said
insurance coverage obtained by the Contractor, exceptin;; worker's compensation coverage, shall
name the City, its engineer, and each of its directors, officers, agents and employees, as determined
by the City, as additional insureds on said .policies. Insurers must be licensed to do business in the
State of California. The Insurers must also have an "A" policyholder's rating and a financial rating
of at least Class VII in accordance with the current Best's ~3uide Rating.
D. Before Contractor performs any work at, or preF-ares or .delivers materials to, the site of
construction, Contractor shall fiunish certificates of insurance evidencing the foregoing insurance
coverages and such certificates shall provide the name and policy number of each carrier and policy
and that the insurance is in force and will not be canceled or modified without thirty (30) days
written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in
force until the work under this Contract is fully completed. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of the City by
Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor
diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in
full force and effect during the life of this Contract, the following insurance in amounts not less than
the amounts specified and issued by a company admitted in California and having a Best's Guide
Rating of A, Class VII or better.
Worker's Compensation Liability In accordana~ with the Worker's Compensation
Act of the St:ite of California - $1,000,000 per .
occurrence.
Insurance Agreement Page ~l of 2
Public Liability -either commercial general Combined single limit of $1.0 million per
liability or comprehensive general liability; occurrence; $2.0 million in the aggregate.
including provisions for contractual liability,
personal injury, independent contractors and
property damage coverages.
Automobile Liability -comprehensive covering Combined single limit of $1.0 million per
owned, non-owned and hired automobiles. occurrence.
Consultants only: Errors and Omissions liability. $1.0 million per occurrence.
~ C~ ,
By:_,,,~_
(Contractor ame)
Dated:, 3~d l 20_
Insurance Agreement Page 2 of 2
1 .`
CITY 0
CUPEI~TINO CERTIFICATE OF INSURANI~E TO THE CITY OF CUPERTINO
This certifies to the City of Cupertino that the following described policies have been issued to the
insured named below and are in force at this time:.
Insured:
Address:
Description of operations/locations/products insured (show contract name and/or number, if any):
-------------------
WORKER'S COMPENSATION * Statutory Min.
* Employer's
Liability
(name of insurer)
$ $ $
Insurance Company's State License No.
- ------------
Check Policy Type: Eacli Occurrence $
COMPREHENSIVE GENERAL
LIABILITY
[ ] Premises/Operations General Aggregate $
(if a~~plicable)
[ ] Owners & Contractors
Protective
[ ] Contractual for Specific
Contract
[ ] Products Liability
[ ] XCU Hazazds
[ ] Broad Form P.D.
[ ] Severability of Interest
Clause
Aggregate
Personal Injury
Fire Damage (any one fire) $
[ ] Personal Injury with Medical Expense
Employee Exclusion Removed (any one person)
or Self Insured
COMMERCIAL GENERAL LIABILITY Retention
Policy No.
(name of in:;urer)
Expiration Date
Certificate of Insurance Agreement Page 1 of 2
AUTOMOTIVE/VEHICLE LIABILITY :BODII.Y INJURY PROPERTY DAMAGE
Commercial Form Each Person Each Accident
Liability Coverage
$~ $
Each Accident
(name of insurer)
$ or
Combined Single Limit $
,Policy No. Expiration :Date
(agent's initial)
A copy of all Endorsements to the policy(ies) which in any way
limit the above-listed types of coverage are attached to this
Certificate of Insurance.
This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the
coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or
condition of any contract or any other document with respect to which this Certificate of Insurance
may be issued or may pertain, the insurance afforded by the policies described herein is subject to
all the terms, exclusions and conditions of such policies.
TT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by
the Agreement between the City and the insured.
By:
Dated: 20
Attach Certificate of Insurance and Additional Insured Endorsement on company forms.
Certificate of Insurance ~-greement Page 2 of 2
rJ
CITY OF
CUPEI~TINO ENDORSEMENT OF PRIMARY INSURANCE
In consideration of the policy premium and. notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed.
as follows:
The insurance afforded by this policy is primary insurance, and no additional insurance held
or owned by the designated additional insureds) shall be called upon to cover a loss under said
additional policy.
POLICY INFORMATION
1. Insurance Company:
2. Insurance Policy Number:
3. Effective Date of this Endorsement: 20
4. Insured:
All notices herein provided to be given by the Insurance Company to the City in connection
with this policy and this Additional Insured Endl~rsement, shall be mailed to or delivered to the City
at 10300 Torre Avenue; Cupertino, California 515014.
I, (print/type name)
warrant that I have authority to bind the belo~~v listed Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representative:
(Original signature required on all Endor;~ements furnished to the District)
Name of
Agent/Agency:
Title:
Address:
Telephone:
Facsimile:
Primary Endorsement Page 1 of 1
ITY OF
CUPERTINO
ADDITIONAL INSURED ENDORSEMENT
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or ~u1y other Endorsement attached thereto, it is agreed
as follows:
The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and
all public agencies from whom permits will bE; obtained and their directors, officers, engineers,
agents and employees are hereby declared to be additional insureds under the terms of this policy,
but only with respect to the operations of the Contractor at or upon any of the premises of the City
in connection with the Contract with the City, or acts or omissions of the additional insureds in
connection with, but limited to its general supervision or inspection of said operations.
POLICY INFORMATION
1. Insurance Company:
12. Insurance Policy Number:
3. Effective Date of this Endorsement: 20
4. Insured:
All notices herein provided to be given by the Insurance Company to the City. in connection
with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City
at 10300 Torre Avenue; Cupertino, California 95014.
I, (print/type name)
warrant that I have authority to bind the belovr listed Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representative:
(Original signature required on all Endorsemf;nts furnished to the District)
Names of
Agent/Agency:
Title:
Address: Telephone:
Facsimile:
Additional Insun;d Endorsement Page 1 of 1
'' `4
irr o
CUPERTINO
COMPREHENSIVE GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
ENDORSEMENT OF AGGREGATE LIMITS OF
INSURANCE PER PROJECT
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as
follows:
This Endorsement modifies the insurance provided under the General Liability Coverage part
the below-referenced policy of insurance.
The general aggregate limit under LIlVIITS ~~F INSURANCE applies separately to the project
described as
POLICY INFORMATION
1. Insurance Company:
2. Insurance Policy Number:
3. Effective Date of this Endorsement: 20
4. Insured:
5. Additional Insured: City of Cupertino, its directors, officers, agents and employees.
All notices herein provided to be given by the Insurance Company to the City in connection
with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City
at 10300 Torre Avenue; Cupertino, California 95014.
I, (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representative:
(Original signature required on all Endorsements furnished to the District)
Names of
Agent/Agency: Title:
Address: Telephone:
~ Facsimile:
Aggregate Limits Endorsement Page 1 of 1
` ~;
in o
CUPEt~TINO
WAIVER OF SUBROGATION ENDORSEMENT
WORKER'S COMPErfSATION INSURANCE
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or ~tny other Endorsement attached thereto, it is agreed
as follows:
It is agreed that with respect to such insurance as is afforded by the policy, the Insurance
Company waives any right of subrogation it ma~~ require against the City of Cupertino, and each of
its directors, officers, agents, consultants. and employees by reason of any payment made on account
of injury, including death resulting therefrom, sustained by any employee of the insured, arising out
of the performance of the above-referenced Contract.
~ POLICY INFORMATION
1. Insurance Company:
2. Insurance Policy Number:
3. Effective Date of this Endorsement: 20
4. Insured:
All notices herein provided to be given by -the Insurance Company to the City in connection
with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City
at 103.00 Torre Avenue; Cupertino, California 9.5014.
I, (print/type name)
warrant that I have authority to bind the belov~~ listed Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representative:
(Original signature required on all Endorsements furnished to the District)
Names of
Agent/Agency:
Address:
Title:
Telephone:
Facsimile:
Subrogation End~~rsement Page 1 of 1
•,'
ci o
CUPERTINO
NOTICE OF POLICY
CANCELLATION ENDORSEMENT
In consideration of the policy premium and notwithstanding any inconsistent statement in
the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is
agreed as follows:
Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided,
canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the City of Cupertino
("City"). Such notice shall be addressed to the C=ity as indicated below.
POLICY INFORMATION
1. Insurance Company:
2. Insurance Policy Number:
3. Effective Date of this Endorsement: 20
4. Insured:
All notices herein provided to be given by the Insurance Company to the City in connection
with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City
at 10300 Torre Avenue; Cupertino, California 9:5014.
I, (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representative:
(Original signature required on all Endorsem~;nts furnished to the District)
Names of
Agent/Agency:
Address:
Title:
Telephone:
Facsimile:
Cancellation Endorseme~it Page 1 of 1
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT:
THAT
Principal,
and
Surety,
(bonding company's name)
as
are held and firmly bound unto the City oi° Cupertino, State of California, in the sum of
lawful
money of the United States, for the payment of ~Nhich will and truly to be made, we bind ourselves,
our heirs, executors, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the foregoing obli€;ation is such that,
~~ as
(co~itractor's name)
WHEREAS, the Principal has entered into a contract with the City dated
20 with the obligee to do and perform the following work to-wit:
NOW, THEREFORE, if the said princip;~l shall well and truly perform the work contracted
to be performed under said contract, then this obligation shall be void; otherwise to remain in full
force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety
this day of , 20__
(To be signed by Principal and Surety, Notary acknowledgment required)
CONTRACTOR
Principal
Surety
Street Address:
City, State, Zip
By:
Attorney-In-Fact
The above bond is accepted and approved this __day of , 20_.
Faithful Performance Page 1 of 1
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, Sta~:e of California, and
hereinafter designated as "Principal" have entered into or are about to enter into a contract
providing for the installation, construction, and erection by Principal of
more particularly described in said contract; and incorporated herein by reference.
WHEREAS, said principal is required t~~ furnish a bond in connection with said contract,
providing that if said Principal, or any of his ors its subcontractors, shall fail to pay for materials,
provisions, provender or other supplies or teanris used in, upon, for or about the performance of
work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said
bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, WE,
and
(con.tractor's name)
as Principal,
(bonding company`'s name)
firmly bind ourselves, our executors, administrators, successors
unto the C't f C
as Surety,
and assigns, jointly and severally,
i y o upertino, and any and all rnatenalmen, persons, companies, or corporations
furnishing materials, provisions, provender or other supplies used in, upon, for or about the
performance of the aforesaid work contracted to be executed or performed under the contract
hereinabove mentioned, and incorporated herein by reference, and all persons, companies or
corporations lending or hiring teams, implement;~ or machinery, for or contributing to said work to
be done, and all persons who perform work or labor upon the same, and all persons who supply
both work and materials, whose claim has not been paid by Principal or by any other person, in the
just and full sum of
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any
materials, provisions, provender or other supplies or teams used in, upon, for or about the
performance of the work contracted to be done, or for any work or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and
all damages arising under the original contract, tb~en said Surety will pay the same and also will pay
in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court.
This bond shall insure to the benefit of ;any and all persons, companies, and corporations
entitled to file claims under Section 1184.1 of th~~ Code of Civil Procedure, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Labor and Material Paige 1 of 2
And the said Surety, for value received, hereby stipulates, and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety
this day of , 20._.
(To be signed by Principal and Surety. Notary acknowledgments required.)
CONTRACTOR
Principal
Surety
Street Address:
City, State, Zip
By:
Attorney-In-Fact
The above bond is accepted and approved this __day of , 20_.
Labor and Material Page 2 of 2
ESTIMATED OUAl`1TITIES 2001-06
The bid unit prices for this project shall be as outlined below.
CONFERENCE ROOM A
Wy:.Si''.L ~~t ~ G7 u
Bid Est.Qty. Unit
Item Unit Item Price Total
LUMP SUM Demolition & Site Clearing $ ~.~(~ ~;% 2S $ ~ ~/~~ e~/~
LUMP SUM Rough Carpentry $ ~~'j`7j /LS $ -1~~~!=d ~,'
LUMP SUM Architectural Millwork $ ` ~~~~ 2S $ ~~~
~~ LUMP SUM Gypsum Board Assembly $ ~~L~ 2S $
5~. LUMP SUM Acoustical Wall System $ ~ ~' ~/I.S $ f z ~?'(~'
LUMP SUM 'Sheet Carpeting $ _ r ~ ~ (~: 2S $ f ~,.~/
LUMP SUM Interior Paint $ ~ ~~~ /LS $ ~ C~Q"~
LUMP SUM .Specialty $ ~ ' ~ /LS $ / ~ ~
9~. LUMP SUM Electrical $ ~~Q~ ~,S $ ~~, (~ [~
LUMP SUM Interior Luminaries $ ~~~ ~ 2S $ / 2~
~-f-~.Q ~ 3~; ovo
,~
BID PROPOSAL 2 OF 8
f
CONFERENCE ROOM B
Bid Est.Qty. `~• Unit
Item Unit Item Price
11. LUMP SUM molition & Site Clearing $ l 'Z t7 ~?
12 LUMP SUM Rough rpentry $ (, 'L C~ /I,S
13 LUMP SUM Acoustical Wall S tem ~ ~(~' Qc7(~ /LS
V%~
LUMP SUM Interior Paint $ ~ ~~~~ 2S
LUMP SUM Specialty 1 d (i'~ /L,S
~~ LUMP SUM Elec $ ~~(% /L,c
TOTA`~ BID
NIC
~w.L
BID PROPOSAL 2?,OF 8
~ Total
$ / ~ ~ ~'
$ J'Z.f3~'
$ ~ C~~1
$ C ~c.~~
$ f ~' ~ ~;%
$ Z~U ZJ
I, the undersigned, agree that if this proposal is a~;.cepted, I will enter into a contract with the City
'~~`~`~ of Cupertino to provide all necessary machinery, tools, apparatus, and other means of
' construction and to do all the work specified in tie contract in the manner and time specified.
>..
I, the undersigned, declaze that this bid is madE; without connection with any person, firm, or
corporation making a bid for the same work, anti is in all respects fair, and without collusion or
' fraud.
I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will
reserve the right to establish the priority of one job over another and each starting date where
conflict of construction schedules occur.
:.
' Attached hereto is the required certified check or bid bond in the amount of $ ~~ ~QC~ , as
required by law and the Notice to Bidders. (10% of bid amount)
BID PROPOSAI, PAGE 3 OF 8
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBIVIITTED WITH BID
I, the undersigned, being first duly sworn, depose and say that I am ~~,. ~~ ~~ ~~`~Z-
~5 i
' (Business Title) (Business Name)
the party making'the foregoing.bid, that the bid its not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation. The bid is
genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any biddex or anyone else to put in a sham bid, or that
anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantiige against the public body awazding the contract
of anyone interested in the proposed contract. All statements contained in the bid are true and,
further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown
thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not
.,. ' pay, any fee to any corporation, partnership, company, association, organization, bid depository,
or to any member or agent thereof to effectuate a collusive or sham bid.
BID PROPOSAL. PAGE 4 OF 8
BIDDER QUALIFICATION FORM
• In further compliance with the specifications funiished, I, the undersigned, submit the following
statements as to my experience and qualification; to perform this work as a part of this proposal.
We have been in business under the present name for ears.
Our experience in work comparable with that required by the proposal contract is ~-1
years operating under the following different name(s).
My California Contractor's License Number is _ c ~~ •~ - G .~
The classification of my Contractor's License is
The expiration date for my Contractor's License is i ~i 13 ~ ~ O~„
* " (This Section for City use only)
., :,
* The above information has been verified by ~ ~Li~w~ '
on /e~a~c~,/
* Contractors State License Board (800) 321-2752 or (408) 277-1244.
Where federal funds aze involved, no bid submitted shall be invalidated by the failure of the
bidder to be licensed in accordance with the laws of the State of California, however, at the time
the contract is awazded the contractor shall be properly licensed.
BID PROPOS~\I. PAGE 5 OF 8
BIDDER HISTiDRY OF WORK
The following is an example of work similaz in ~~hazacter to that required in the proposed contract
which our organization or personnel in our org~~nization has completed within the past three (3)
. yeazs.
For Whom Contact
(~ I h.(.4 6~,t Uk
/G~ ~'~ 7 ~7 ~ Cv~ ~~-
~' n _
BID PROPOSAL PAGE 6 OF 8
~~ ~r~ '2Z ~ c7~
r'
...
' c~
SUBCONTRAI~TOR'S FORM
The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California
Business and Professions Code, that I propose t~~ hire to perform any of the work for this project
. in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. Only
those listed below shall perform work on this pt•oject and each of them has been provided with a
full and complete set of plans and specifications for this project by the bidder.
', 1. Name `~.Q,~.1c(a.)~ ~ Contractor's License No. ~ ~ 5 D 5~
Address & phone no. ~((~ ~j -• ( ~{ Z -• -]~O r ~
Work to be Performed V Cc,~_ 1FO~/1n,c.~o
. 2. Name 1~'w~M _ Contractor's License No. C J c'~~-rv~S
Address & phone no. `~ 5 S - l~ ~
Work to be performed _ ~~{jZ,tn~q
. '~~ ~` , ~ 3. Name ~ t~ ~,~~~-t/~- _ Contractor's License No. G-!p ~o~ 96 S'7
. Address & phone no. ~1'-~ ~~~
Work to be performed ~~;LT.~"~i~,
4. Name ~ ~-,,u-~ ~~:~~i•ti-,~.~~ Contractor's License No.
Address & phone no. 13 ~ ~ ~ ~' S ~ _ ~-~,3 - ~ ~ ~J.3
Work to be performed ~"t~ ~.J~
5. Name ~ I /(N CG~.Q (10 Contractor's License No.
Address & phone no. ~1~ ' 3? ~ ~- ~ 0 Z~J
Work to be performed
6. Name Contractor's License No.
Address & phone no.
Work to be performed
BID PROPOSAL PAGE 7 OF 8
BIDDER'S SIGPIATURE FORM
5
IF YOU ARE AN INDIVIDUAL, SO STAT]~. IF YOU ARE A COMPANY OR A CO-
PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL
1NDTVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A
CORPORATION, STATE THE LEGAL NAM1:; OF THE CORPORATION AND THE NAMES
OF THE PRESIDENT, SECRETARY-TREASZIRER, AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXED TO THIS FORM., ENTER THE NAME OF YOUR BUSINESS
ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF NAME OF
BUSINESS CpYL~tr'AG~Y BUSINESS
CORPORATION: M ~ ~ C J ~ S - C~.. ,p.
CO-PARTNERSHIP: "-' _
INDIVIDUAL: -'
roINT vE1vTURE: --,
OTHER:
(Describe)
Name and Signature of Bidder: C-~ar~,~c~: C' /d rtCZ
„/ ~(P,~~n~,,o~type name)
Date: ~ d/ l/
Address (mailing & location): ~ ~ ~d ~i ~iYl Gr ~v C
~ ~(ZU
Telephone Number: ~ oZ7 ~ ~- ~ 35`1
Acknowledgment of all addenda received is req~iired by circling each addendum number.
.,:;~,;~ :.,,,;;,,:< 1 2 ~ 4 5 6 7 8 9 10
BID PROPOSAL. PAGE 8 OF 8
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
~}/
r
I~'N~I'~~~R~~~lq~~~Y~l'b'~
Titles~l / Pages 3
Fees....* No Fees
Taxes...
Copies.. _
AMT PA[D
BRENDi^, DAV I S
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE # 011
2/25/2003
3:20 PM
I;SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE INACCORDANCE
WITH GOV. CODE 6103
CERTIFICATE OI' COMPLETION
AN]D
NOTICE OF ACCEPTANCE OF COMPLETION
CUPERTINO CITY HALL CONFERENCE ROOM A REMODEL
PROJECT N0.2001-06
Original
O For Fast Endorsement
~T 1
CITY OF
CUPEI~TINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
CUPERTINO CITY HALL CONFERENCE ROOM A REMODEL,
PROJECT 1\ 0.2001-06
NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and
City Engineer of the City of Cupertino, California, Rio hereby certify that the work and improvements
hereinafter described in the contract for doing which was entered into by and between the City of
Cupertino and Eddie Torrez Construction on November 27, 2001, in accordance with the plans and
specifications for said work, have been completed to my satisfaction and acceptance of completion was
ordered on December 12, 2002.
That said work and improvements consisted of furnishing all labor, materials tools, and equipment
required to complete said project, all as more particularly described in the plans and specifications for
said project.
`~~ ct c„~t
Director of Public Works and
(~ity Engineer of the City of Cupertino
Date: February 3, 2003
Printed on Recy;led Paper
VERIFICATION
I have reviewed this Certificate of Completion and Notice of Acceptance of
Completion. To the best of my knowledge, the information contained herein is true and
complete.
I verify under penalty of perjury under thE~ laws of the State of California, that the
foregoing is true and correct.
Executed on the 13TH day of February 2003 pit Cupertino, California.
y'1~~~~ ~ ~~t,~~~~~
Administrative Clerk
City of Cupertino
AGREE'~MENT No• ~~~
~~~ •,..~ 3 CITY OF CIJPERTINO ;.~ `~ ~~~~,~ j
~ ~~ 10300 Torre Avenue ,,,!
CfiY 4F ~ Cupertino, CA 95014
C U P S ~T I N S ~`~ ~~~~ (408) 777-3200
BY THIS AGREEMENT, made and ntered into on the I ~ rH day of ~+-.n~ , 20 c s ,
by and between the CITY OF CU ERTINO (Hereinafter referred to as CITY) and
Name (1) Kimley-Horns Associates, Inc. _ (2)
Address 555 - 12th St., Ste. 1230 City Oakland, CA Zip 94607 Phone (510) 625-0712
(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: Engineering Services in ~yf; ~)~!r
connection with relocation of the City Traffic Operations Center ~ ,~,,,;`_.
EXHIBITS: The following attached exhibits hereby are made part of This Agreement: I ~, ~, , ,.~ ,, ,- ~~ -~
Letter of May 23, 2003, with Scope of Services and fee estimate a~J ~,m ;-torders~ ~~~~•~~'~"`
TERMS: The services and/or materials furnished under this Agreement shall commence on June 9, 2003
and shall be completed before June 9, 2004
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: An amount not to exceed
$24,000.00
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 agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and
liabilit including all costs of defending any claim, caused by or arising out of the performs a of t is A r ement. City shall not
be lia le for acts of Contractor in performing services described here n. ~ I~~ ~• /'•1
~, due to negligence, errors and omissions c:~ C~n~t-reG,.}or .~/
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 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 shall be:
NAME ____ Glenn Goepfert DEPARTMENT Public Works
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.
CONTRACTOR: j
r' 1 f
' - ~~~
By ~
,, :.
Title ~ ~ ~. ~ ,-~2.hL,
Soc. Sec. # .-
t= c,~,, ~ «..c ~z.11 ~ v. ~"~ __ ~ ~ G l ~.
APPROVALS ~ ~'
CITY CUPERTINO:
By
Tale Assistant Director of Public Works
EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT
CITY C RK ~ DA E
l.~~~i, 6
~ ~~
White: City Clerk o Green: Finance Yellow: Contractor J ~ Pir{k: Receiving Gold: Department