01-106 City Hall Conference Room C remodelRECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
~il~'I~Ihf~I~~~V~~I~IflVI'
BRENDA DAV 1 S
SA~lTA CLARA COUNTY RECORDER
Recorded at the request of
City
Titles l /Pages 3
Fees....* No Fees
Taxes...
Copies..
AMT PAID
RDE # 011
2/25/2003
3 20 PM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE INACCORDANCE
WITH GOV. CODE 6103
CERTIFICATE OF' COMPLETION
AN]D
NOTICE OF ACCEPTANCE OF COMPLETION
CUPERTINO CITY HALL CONFERENCE ROOM C REMODEL
PROJECT N0.2001-OS
Original
O For Fast Endorsement
. ~ ~
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
ANI)
NOTICE OF ACCEPTANCE OF COMPLETION
CUPERTINO CITY HALL CONFERENCE ROOM C REMODEL,
PROJECT N~~. 2001-OS
NOTICE IS HEREBY GNEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and
City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements
hereinafter described in the contract for doing whi~~h 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.
~~~ y2 ~ u ~
Director of Public Works and
(~ity Engineer of the City of Cupertino
Date: February 3, 2003
Printed on Rec~~cled 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 at Cupertino, California.
/~~
Administrative Clerk
City of Cupertino
4
E. CONTRACT FOF: PUBLIC WORKS
This CONTRACT made on ~~QN~r ~ 7~ ~ C7U I by the CITY OF
CUPERTINO, a municipal corporation of the S1:ate of California, hereinafter called CITY, and
Eddie Torrez Construction, hereinafter called (:ONTRACTOR.
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 and Special Provisions.
c. Plans and Specifications for Cupertino City Hall Conference Room C Remodel, Project
No. 2001-OS
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 Plans and Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus,
facilities, labor, transportation and materials nec;essary to perform and complete in a good and
working order, the work of remodeling City Hall Conference Room C 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 Room C 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, trar.~sportation and materials shall be furnished, and
that said work shall be performed and complet~:d 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 for the purpose of this Contract the Engineer, Mr.
Ralph A. Qualls, Jr.
1
3. CONTRACT PRICE. CITY agrees to pa}~, and CONTRACTOR agrees to accept, in full
payment for the work above agreed to be done, tlhe sum of Fourty Two Thousand Dollars and
no cents ($42,000.00) subject to additions and/or deductions as provided in the Contract
Documents, per Exhibit A attached hereto.
4. DISPUTES PERTAINING TO PAYMENT' FOR WORK. Should any dispute arise
respecting the true value of the work done, or 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 easements for the construction of the project, give
all necessary notices, pay all fees required by l;~w, and comply with the laws, ordinances and
regulations relating to the work and to the preser~~ation of the public health and safety.
6. INSPECTION BY THE CITY. CON'T'RACTOR shall at all times maintain proper
facilities and provide safe access for inspection by 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 up 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, approval, 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 the Contract, but the cost or value thereof will be
added to, or deducted from, the amount of the Contract 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 ac~~ordance with the agreement of the parties. No
extra work shall be performed or change be m~ide except by a written order from CITY, duly
- authorized by resolution of the City Council, and by all agencies whose approval is required by
law, stating that the extra work or change is authorized, 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 tb~e 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 of 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 otherwise, or by changes ordered in the work, or by
strikes, lockouts by others, fire, unusual delay i:n transportation, unavoidable casualties or any
causes beyond CONTRACTOR'S control, or b~~ 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 the 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 arrange for mill, factory or laboratory inspection and
testing of same.
12. TERMINATION FOR BREACH OR INSOLVENCY. 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 of insolvency, or if CONTRACTOR or any
subcontractor should violate any of the provisions of the Contract, CITY may serve written
notice upon CONTRACTOR and CONTRACT'OR'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 lie 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 CONTRE~CTOR' 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 (3 0) days from the date of the serving of such
notice, CITY may take over the work and prosecute 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 maybe on the site of the work and necessary therefor.
13. THE CITY'S RIGHT TO WITHHa~LD 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 furnished in and about the work.
3
City may apply such withheld amount or amount:~ 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 under 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 dete;rmination 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 d~~ted 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 in. a sealed envelope, addressed to CITY OF
CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and
certified; (b) if the notice is given to CONTRACTOR, 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, CA 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 pers~~n, or by depositing
same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S
surety or person, as the case may be, at the addre:;s 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 b~; assigned by CONTRACTOR without the prior
written approval of CITY.
16. COMPLIANCE WITH SPECIFICATIONS 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 oi:fered 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 :;ite 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 Insuran~~e for all of the Tatter's employees unless such
employees are 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 aware of the provisions of Section 3700 of the Labor Code which
4
requires every employer to be insured against liat~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. Prec,~ution 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 a~~cordance with the safety provisions of the
Construction and Safety Orders issued by the bidustrial Accident Commission of the State of
California.
19. CONTRACTOR'S RESPONSIBILITY' FOR THE WORK. CONTRACTOR shall
not be responsible for the cost of repairing or re;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 amp damage to the. work caused by Acts of God.
"Acts of God" shall include only the follo~,ving 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 << 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 amp way or manner, be answerable or suffer loss,
damage, expense or liability for any loss or damage that may happen to said building, work, or
equipment or any part thereof, or in, on, or abc-ut the same during its construction and before
acceptance.
20. CONTRACTOR'S GUARANTEE. CONTRACTOR 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 supplier 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 guarantees 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 CT]'Y, CONTRACTOR will forthwith remedy such
defects without cost to CITY.
;i
P.O. No.
21. DEFERRED ALTERNATE SELECTIa~N. 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 currentl;~ 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:
By:
City Manager
Attest: /t~.C.~:e~rl,~c.et o~, o~OG/
City Clerk
Date: 9 C~~ ';~
City C1
CONTRACTOR:
~~~. ~~
By:
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.
Social Security #
Federal Tax I.D. #
APPROVED AS TO FORM:
j Contractor's License No. ~cP 7 ~..-3
City Attorney
Project Name & Number: Cupertino City Hall Conference Room C Remodel, Project No.
2001-05
Contractor's Name & Address: Eddie Torrez Construction
6070 Vilmar Avenue
San Jose, CA 9~~120
Contract Amount: $42,000.00
Account Number: 110-9215-9300
File No: 51,045.42
6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Santa Clara
On November 27,2001 before me, Mark Gentry ,
DATE NAME, TITLE OR OFFICER - 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 :acknowledged 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.
MARK GEN1itY
Commission # 1198115
:.,yi; Notary Pubtic - Calltorrtia
~ Santa Clara County
tvly Comm. t_> Oct 10, 20Q2
WITNESS my hand and official seal.
--.---~
--ems-~-```\~
r
1 -~
SIGNATUR F OTARY
_. ~y_ _\
~~
OPTIONAL
Though the data below is not required by law, it may pro~•e valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
[ ]INDIVIDUAL
[X] CORPORATE OFFICER
President
Tl'ILE(S)
[ ]PARTNER(S) [ ]LIMITED
[ ]GENERAL
[ ]ATTORNEY-IN-FACT
[ ]TRUSTEE(S)
[ ]GUARDIAN/CONSERVATOR
[ ]OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Eddie Torrez Construction Co., Inc.
DESCRIPTION OF ATTACHED DOCUMENT
Contract
TITLE OR TYPE OF DOCUMENT
7 irlcluding_this page
NUMBER OF PAGES
November 27,2001
D~~TE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
INSURANCE FORMS INSTRUCTIONS
FOR ITEMS 3, 4, 5 AND 6, THE FORMS :PROVIDED BY THE CITY OF CUPERTINO
MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED.
ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE
1. Insurance Agreement - Must be signed by Contractor.
2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance
agent or must provide a certificate on the c;ompany's form. They must contain the same
information.
3. Endorsement of Primary Insurance -must be: signed by the insurance agent for general liability
and automobile liability only.
4. Additional insured endorsement -must be si€;ned by the insurance agent for general liability and
automobile liability only.
5. Comprehensive general liability/commercial ;general liability endorsement of aggregate limits of
insurance per project - must be signed by the insurance agent for general liability only.
6. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the
insurance agent for worker's compensation only.
7. Notice of policy cancellation endorsement - :must be signed by the insurance agent or must be
on the company's certificate of insurance form for all insurances.
Insurance Instructions
r ~-
G
CUPEI~TINO INSURANCE AGREEMENT
A. Contractor is aware of the provisions oi' Section 3700 of the Labor Code, which requites
every employer to be insured against liability for worker's compensation or undertake self-
insurance in accordance with the provisions of that Code, 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 offi~~ers, agents 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, aut~~mobile 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 pre;;cribed by the City and shall be underwritten by
insurance companies satisfactory to the City f.'or all operations, sub-contract work, contractual
obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said
insurance coverage obtained by the Contractor, excepting 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 curre~lt Best's Guide Rating.
D. Before Contractor performs any work at, or prepares or delivers materials to, the site of
construction, Contractor shall furnish 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 Contra~~t, 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 accordance with the Worker's Compensation
Act of the State of California - $1,000,000 per
occurrence.
Insurance Agreement Page 1 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.
(Contractor's Name)
By:
Dated: 20
Insurance Agreement Page 2 of 2
CUPEI~TINO INSURANCE AGREEMENT
A. Contractor is awaze 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 Code, and will comply with such provisions
before commencing the performance of the work of this C~~ntract.
B. Contractor and all subcontractors will .carry w~xker'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, agents 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 re~Iuired 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, excepting 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 Guide Rating.
D. Before Contractor performs any work at, or preF~azes or .delivers materials to, the site of
construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance
coverages and such certificates shall provide the name anti 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 accordancf; with the Worker's Compensation
Act of the Suite of California - $1,000,000 per
occurrence.
Insurance Agreement Page 1 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.
(Contractor's N
By:~
Dated:_~ /T3~~~ 20 0 ~
Insurance Agreemenr. Page 2 of 2
.,
ITY OF
CUPEI~TINO ENDORSEMENT OF P][tIMARY 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 F~rimary 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 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 Endor;;ements furnished to the District)
Name of
Agent/Agency:
Title:
Address:
Telephone:
Facsimile:
Primary Endorsement Page 1 of 1
~~ 1.
CI OF
CUPEI~TINO
ADDITIONAL INSURED ENDORSEMENT
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:
The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and
all public agencies from whom permits will bc; 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:
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 95014.
I, (printltype 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 Endorsem<;nts furnished to the District)
Names of
Agent/Agency: Title:
Address: Telephone:
Facsimile:
Additional Insurf;d Endorsement Page 1 of 1
i '}.
CUPERTINO
COMPREHENSIVE (GENERAL LIABILITY
COMIVIERCIAL G)E;NERAL 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 of
the below-referenced policy of insurance.
The general aggregate limit under LIlVIITS OF 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 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:
Aggregate Limit:. Endorsement Page 1 of 1
nn of
CUPE~TINO
WAIVER OF SUBROGATION ENDORSEMENT
WORKER'S COMPErTSATION INSURANCE
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or ;arty 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 10300 Torre Avenue; Cupertino, California 95014.
h (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:
Address:
Title:
Telephone:
Facsimile:
Subrogation Endorsement Page 1 of~ 1
I ~
p Of
CUPEI~TINO
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 affi~rded 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 City 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 9:1014.
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:
Title:
Address: Telephone:
__ Facsimile:
Cancellation Endorsement Page 1 of 1
FAITHFUL PERK ORMANCE BOND
KNOW ALL MEN BY THESE PRESENT:
THAT
Principal,
and
Surety,
(bonding compan;~'s name)
as
are held and firmly bound unto the City of Cupertino, State of California, in the sum of
lawful
money of the United States, for the payment of vrhich 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 obligation is such that,
~• as
(contractor'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 perfonm 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, State; of California, and
hereinafter designated as "Principal" have entered into or aze about to enter into a contract
providing for the installation, construction, and erection by Principal of
more particulazly described in said contract; and incorporated herein by reference.
WHEREAS, said principal is required to furnish a bond in connection with said contract,
providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials,
provisions, provender or other supplies or teams used in, upon, for or about the performance of
work contracted to be done, or for any work or J.abor done thereon of any kind, the Surety on said
bond shall pay the same to the extent hereinafter :yet forth;
NOW, THEREFORE, WE,
and
(contractor's name)
as Principal,
as Surety,
(bonding company's name)
firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally,
unto the City of Cupertino, and any and all rnaterialmen, 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, then said Surety will pay the same and also will pay
in case suit is brought upon this bond, such reaso~;table 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 the 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 t'age 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
f
EXHI~B7 ~
ESTIMATED UUArfTITIES 2001-OS
The bid unit prices for this project shall be as outlined below.
Bid Est.Qty.
Item Unit
1. LUMP SUM
2. LUMP SUM
3. LUMP SUM
4. LUMP SUM
5. LUMP SUM
6.
7.
8.
9.
10.
11.
LUMP SUM
LUMP SUM
LUMP SUM
LUMP SUM
LUMP SUM
LUMP SUM
12. LUMP SUM
13. LUMP SUM
14. LUMP SUM
Item
Demolition & Site Clearing
Rough Carpentry
Architectural Millwork
Flush Wood Doors
Door Hardware
Gypsum Board Assembly
Acoustical Panel Ceiling
Acoustical Wall System
Sheet Carpeting
Interior Paint
Wall Covering
Specialty
Electrical
Interior Luminaries
Unit
Price
$ ~ ~~~, 2S
$ ~ ~ ~U /LS
$ ~ b0'C~ /LS
$ l 2S
$ ~~ /LS
$ Z ~0 ~ 2s
$ ~CJC~ /I,S
$ / ~~~ 2S
$ ~ ~U~ /LS
$ l ~~ rLs
$ / Z ~~ ~ 2S
$ C/ C/C/' /LS
Total
$ 'b~
$ ~'
$1~~C
$ L
$ ~ ~Cy'r~'
$ ~Q~
$ ~,~c~
$ , ~~
$~~
$ l2- ~ t~
~~ ~ y C.~~
TOTAL BID $ 7 ~ (.~ C~ L~
BIB PROPOSAL PAGE 2 OF 8
•~.` a
. I, the undersigned, agree that if this proposal is accepted, 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 the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without connection with any person, firm, or
corporation making a bid for the same work, an~i 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 $ ~i Z~ •'' as
required by law and the Notice to Bidders. (10% of bid amount) .
BID PROPOSAL, PAGE 3 OF 8
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUB]VIITTED WITH BID
I, the undersigned, being first duly sworn, depose and say that I am ~~U ~''~~~ ~4f"f~F',~
~r~~ ~~ y .~ ~ ~~ ~
i c.d2 of ~~~CG ~Q.1~r~2 Sf: ~n .~tL,
(Business Title) ~ (Business Name)
the party making the foregoing bid, that the bid is 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. T'he 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 biddf:r or anyone else to put in a sham bid, or that
anyone shall refrain from bidding. T'he 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 advant;ige against the public body awarding 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 << collusive or sham bid.
Bm PROPOS?,L PAGE 4 OF 8
BIDDER QUALI~~CATION FORM
In further compliance with the specifications famished, I, the undersigned, submit the following
statements as to my experience and qualifications to perform this work as a part of this proposal.
We have been in business under the present name for ~~_years.
Our experience in work comparable with that required by the proposal contract is
yeazs operating under the following different name(s).
My California Contractor's License Number is _ -~~~~ ~~ ~ ~ ~.
The classification of my Contractor's License is_
The expiration date for my Contractor's License is 2' ~j ~ v'
******************************************************************************
* (This Section for City use only)
' * The above information has been verified b~y
on ~D/~/~l
* Contractors State License Board (800) 321.-2752 or (408) 277-1244.
******************************************************************************
Where federal funds are involved, no bid submitted shall be invalidated by the failure o#' 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 pr~~perly licensed.
Bm PROPOSAL PAGE 5 OF 8
SUBCONTRACTOR'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 to 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 project 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 7,l~it 4/4~ -Contractor's License No. c5 ~ (J s
Address & phone no. ~Q Cj -- ~~ /~-'~~. ~~
Work to be Performed tuCtQQ 0 C~n.c~~
2. Name ~G / ~ _ Contractor's License No. C ~ S j C~S'~
Address & phone no. ~7 ~ -' 1 l d a
1
Work to be performed
3. -Name ~~%V~-r~--~ L~cJ~ _ Contractor's License No. Cho (~ ~ l L .3~
Address & phone no. 2~f - ~ ~ ~ ~'~
Work to be performed ~~~u~it~r.•C.
4. Name ~/~C,'~.w-c ~~a Contractor's License No.
Address & phone no. ) 3 a ~ l Qom" ~^t ~ ~ 3 -- (~ ~/ 53
Work to be performed U ~(~ ~,c.r1~~~
5. Name ~ ~G-' C c~ ~"~~,,u.71 -Contractor's License No.
Address & phone no. 3 ~ ~- 1 ~ ~5
Work to be performed
6. Name
Contractor's License No.
Address & phone no.
Work to be performed
BID PROPOSAL PAGE 7 OF 8
BIDDER HISTCIRY OF WORK
The following is an example of work similar in character to that required in the proposed contract
which our organization or personnel in our organization has completed within the past three (3)
years.
For Whom Contact •
Year Location T e of Work Performed Phone No. Amount
JA
21.~, ,6
~l ~' ,~~y~
-~ / !Vf .fJ~ ~ /,' i' C L
~} C .h..~ ~
,F! \~ J~4'{~~ ~f:.. ~,.
l.'L'7~ ~
C,S/~ ~ ~irX~
~/7/~,li ~.li~lL(~"(•V l/r7TL `~J
JG'~~' ~ J~' Tt%L
2~~'~> r~-;~
~~~: ,~~~ ~~f~:c~
~,~, s~~.~,
• SSE , ~-~ -~ / J~u~~~;
a
,~
1 G Z~~= LL
•t`l t~.~~
~t~'~iI LL~f ~t (.. _
1~~~;.c`L%.'1 `~
ti; .4a ~ ~
%~-~7"1flZl~r~-'
~~1.~~tz~`~.. /
~
l.~f(-G~e'
~'.•~ ~Li~1~'v~
GtJ
!~` ~LtgL~f 5
~-G2- r ~
''7 ~<~;~, ,~Lr.4L~.G~- C~U~ U~~ a
BID PROPOSAL PAGE 6 OF 8
BIDDER'S SIGPIATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATIC. IF YOU ARE A COMPANY OR A CO-
PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL
INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A
CORPORATION, STATE THE LEGAL NAME. OF THE CORPORATION AND THE NAMES
OF THE PRESIDENT, SECRETARY-TREASL7RER, 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
BusnvESS ~U~t1~ ~ BusnvESS ~~) ~ t ~-T~rre2 ~u~1't-
CORPORATION: S Co ~
CO-PARTNERSHIP:
INDNIDUAL:
JOINT VENTURE:
OTHER:
(De:~cribe)
Name and Signature of Bidder: ~"~ at. ~L ~ T t ~G Z
~, ~P~i~ type name)
Date:. /O -/- cJ ~
Address (mailing & location):_ ~Q 7U ~/~ /rh~/' ~~-
. Sj ~~- S S`lZ~/
Telephone Number: ~7 ~ - C~j ~~j
Ackno/wle~dgment of all addenda received is required by circling each addendum number.
~ v C.~ 4 5 6 7 8 9 10
BID PROPOSAL PAGE 8 OF 8