11-062 Clean Innovations, Inc., 2011 Contractual Janitorial Services, Project No. 2011-01 Project No. 2011 -01
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DOCUMENT 00510 P 0 573
NOTICE OF AWARD
Dated : June 8, 2011
TO: Clean Innovations, Inc. Attn: Raffy Espiritu
ADDRESS: 3350 Scott Boulevard, Building #8, Santa Clara, CA 95054
CONTRACT NO.: 2011 -01
CONTRACT FOR: 2011 Contractual Janitorial Services
2011 CONTRACTUAL
JANITORIAL SERVICES
The Contract Sum of your contract is: Three hundred seventy -three thousand eight hundred Dollars ($373,800.00).
1. Three copies of Document 00520 (Contract) accompany this Notice of Award. Three copies of Document
00610 (Performance Bond) and Document 00530 (Insurance Forms) are to be retrieved from project contract
documents previously received.
2. You must comply with the following conditions precedent by the 10` Calendar Day following the date of
this Notice of Award, that is, by June 20, 2011.
a. Deliver to City three fully executed counterparts of Document 00520 (Contract). Each of the
Contract Documents must bear your signature on the cover page.
b. Deliver to City three original Document 00610 (Performance Bond), executed by you and your
surety in the amount of $124,600.
c. Deliver to City three original Fidelity Bonds, executed by you and your surety in an amount equal
to $5,000.00 for each and every employee performing work on City owned property.
d. Deliver to City three original set of the insurance certificates from Document 00530 (Insurance
Forms) with endorsements required under Document 00700 (General Conditions).
e. Coordinate and satisfactory complete city security clearance for all assigned personnel. Coordinate
with Chris Orr, Facility Supervisor, at (408) 777 -3272.
3. Failure to comply with these conditions within the time specified will entitle City to consider your Bid
abandoned, to annul this Notice of Award, and to declare your Bid security forfeited.
4. Within 21 Days after you comply with the conditions in paragraph 2 of this Document 00510, City will
return to you one fully signed counterpart of Document 00520 (Contract) with the Contract Documents.
THE CITY OF CUPERTINO, a Municipal Corporation of the State
of Cali Fornia ( "City" )
BY: `- _
ITS: 45 "f�/). ` �'� A—
AWARDED June 7, 2011
by City Council of the City of Cupertino.
END OF DOCUMENT
City of Cupertino
2011 Contractual Janitorial Services DOCUMENT 00510-1
Project No. 2011-01
DOCUMENT 00520 -y
CONTRACT
THIS CONTRACT, dated this $THday of 3 , 2011 , by and between Clean Innovations. Inc.[Name
of Contractor] whose place of business is located at 3350 Scott Boulevard. Building_ #8, Santa Clara. CA 95054
[Address of Contractor] ( "Contractor "), and the CITY OF CUPERTINO, a Municipal Corporation of the State of
California ( "City ") acting under and by virtue of the authority vested in the City by the laws of the State of California.
WHEREAS, City, on the 1 TR day of 3 -0 0E _ 2011 awarded to Contractor the following
Project:
PROJECT NUMBER 2011 -01
2011 JANITORIAL SERVICES
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City
agree as follows:
ARTICLE 1. WORK
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with these
Specifications and all other terms and conditions of the Contract Documents.
ARTICLE 2. AGENCY AND NOTICES TO CITY
2.1 City has designated Roger Lee, Assistant Director of Public Works to act as City's Authorized
Representative(s), who will represent City in perfcrming City's duties and responsibilities and exercising City's
rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized
Representative(s), or delegate one or more specific functions to one or more specific City's Representatives,
including without limitation engineering, architectural, inspection and general administrative functions, at any
time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all
Contractor obligations to City, including without limitation, all releases and indemnities.
2.2 All notices or demands to City under the Contract. Documents shall be to City's Authorized Representative at:
10555 Mary Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall
provide to Contractor.
ARTICLE 3. CONTRACT TIME AND LIQUIDATED DAMAGES
3.1 Contract Time.
The Contract Time will commence to run on July 01, 2011. City may give a Notice to Proceed at any time
within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on
which the Contract Time commences to run.
The term of this contract shall be two (2) years from the start date of the contract. The City shall retain the
option to extend the term of the contract on a year -to -year basis not exceeding two (2) years from the
expiration date of the original term, for a possible total of four (4) years.
City of Cupertino
2011 Contractual Janitorial Service DOCUMENT 00520-1
Project No. 2011 -01
3.2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Contract and that City will suffer
inefficiency in the form of lost production expenses (such as project management and consultant expenses),
if all or any part of the Work is not completed within the times specified above, plus any extensions thereof
allowed in accordance with the Contract Documents. Consistent with Document 00700 (General
Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or
extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of
all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay
Contractor shall pay City:
3.2.1 The CONTRACTOR shall diligently prosecute the work to completion as scheduled in the
Technical Provisions. The Contractor further understands that he shall pay to the City of Cupertino
One Hundred Fifty Dollars ($150.00) per day, for each and every occurrence that a service item
(task as specified in the Technical Provisions) is not completed within the required times per facility.
The Contractor further understand that he shall pay to the City of Cupertino One Thousand Dollars
($1000.00) per day, for each and every occurrence were all the services at a facility were not
completed within the required times per facility. This does not relieve the Contractor from his
responsibilities of completing, the required services that were not completed as scheduled. Any
service not completed as scheduled shall be completed as soon as possible and at the Contractor's
expense.
Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the
damages suffered by City resulting from delay in completion of the Work.
Contractor should be aware that California Department of Fish and Game, and other State and Federal
agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and
endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered
species protection requirements.
3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss
of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of
completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute
facilities, or damages suffered by others who then seek to recover their damages from City (for example,
delay claims of other contractors, subcontractors, tenants, or other third - parties), and defense costs thereof.
ARTICLE 4. CONTRACT SUM
4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents
as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached
ARTICLE 5. CONTRACTOR'S REPRESENTATIONS
In order to induce City to enter into this Contract, Contractor makes the following representations and warranties:
5.1 Contractor has visited the various City owned buildings and other locations requiring janitorial services and
has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site,
locality, actual conditions, as -built conditions, and all local conditions, and federal, state and local laws and
regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate
to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by
Contractor and safety precautions and programs incident thereto.
5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface
conditions, as -built drawings, drawings, products specifications or reports, available for Bidding purposes, of
physical conditions, including Underground Facilities, which are identified in Document 00320
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00520 -2
Project No. 2011 -01
(Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the ,
Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General
Conditions) of the limited extent of the information contained in such materials upon which Contractor may
be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and
shall not rely on any other information contained in such reports and drawings.
5.3 Contractor has conducted or obtained and has uncerstood all such examinations, investigations, explorations,
tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document
00520) that pertain to the subsurface conditions, as -built conditions, underground facilities, and all other •
physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance
or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the
Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no
additional examinations, investigations, explorations, tests, reports, studies or similar information or data are
or will be required by Contractor for such purposes.
5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it
has discovered in or among the Contract Docurnents and as -built drawings and actual conditions and the
written resolution thereof through Addenda issued by City is acceptable to Contractor.
5.6 Contractor is duly organized, existing and in gocd standing under applicable state law, and is duly qualified
to conduct business in the State of California.
5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract
Documents and the Work to be performed herein The Contract Documents do not violate or create a default
under any instrument, contract, order or decree binding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq. in document 00340 (Subcontractors List)
ARTICLE 6. CONTRACT DOCUMENTS
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications
thereto:
Document 00400 Bid Form
Document 00411 Bond Accompanying laid
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00455 Insurance
Document 00457 Proposed Staffing Schedule
Document 00460 Schedule of Major Eqripment and Materials Suppliers
Document 00481 Non - Collusion Affidavit
Document 00482 Bidder Certifications
Document 00505 Notice of Intent to Award
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Special Conditions
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00520 -3
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Project No. 2011 -01
Document 00821 Insurance
Document 00822 Apprenticeship Program
Document 00850 Technical Conditions
Addenda(s)
6. There are no Contract Documents other than those listed in this Document 00520, Article 6. Documents
00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information
supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or
supplemented as provided in Document 00700 (General Conditions).
ARTICLE 7. MISCELLANEOUS
7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning
indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City
or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract
Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that
liability of the City is limited and confined to such liability as authorized or imposed by the Contract
Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the
Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a
public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all
rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division
7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to
the public works contract or the subcontract. This assignment shall be made and become effective at the
time City tenders final payment to Contractor, without further acknowledgment by the parties.
7.6 Should any part, term or provision of this Contract or any of the Contract Documents, or any document
required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all
remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated,
impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or
unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract
Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the
greatest extent permitted by applicable law. In the event any provision not otherwise included in the
Contract Documents is required to be included by any applicable law, that provision is deemed included
herein by this reference(or, if such provision is required to be included in any particular portion of the
Contract Documents, that provision is deemed included in that portion).
7.7 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa
Clara, State of California, and governed in all respects by California law (excluding choice of law rules).
The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties
hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer
any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the
Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title
1, Division 3.6, Part 3, and Chapter 5.
7.8 Contractor and all subcontractors shall comply with the Uniform Administrative Requirements for State and
Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, and Part 18. In addition,
the Contractor agrees to comply with the cost principles and procedures set forth in Office of Management
and Budget Circular A -87. The Contractor agrees that a reference to either Office of Management and
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00520 -4
P - 3 Project No. 2011 -01
Budget (OMB) Circular A -87of the Code of Federal Regulations, Title 49, Chapter I • Part 31, whichever is
applicable, and the Code of Federal Regulations. Title 49, Part 18, will be included in any subcontracts
entered into as a result of this contract.
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and
year first above written
2011 CONTRACTUAL JANITORIAL SERVICES
CITY: CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation of [_Clean Innovations, Inc.j
the State of California
t' d
[Signa
Attest:
..r. pi (...)
��E h ?' G [Please print name here]
City Clerk: Kimberly Srh
Approved as to form by City Attorney: Title: P rTE S t �
[If Corporation: Chairman , President, or Vice President]
City Attorney: E ■4411111111■
[Signature
I hereby certify, under penalty of perjury, that David W. [Please print name here]
Knapp, City Manager of the City of Cupertino was duly
authorized to execute this document on behalf of the City Title:
of Cupertino by a majority vote of the City Council on: [If Corporation: Secreta , Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
Dated: 6 • 3 , [ ( 4 2) 2-2-c)6 s'3
State Contractor's License No. Classification
I.ti 44 3 ( 1 2-o\l
David W. Knapp, City Manager of he City of Cupertino, a Expiration Date
Municipal Corporation of the State of California
Designated Representative: Taxpayer ID No. q-9-- - qS6 e7
Name: Roger S. Lee Name: �
Title: Assistant Director of Public Works Title: spr
Address: 10555 Mary Ave., Cupertino, CA 95014 Address: 32 2.61.K 13(0 $
•Savkrik • alt c iGtd.cf
Phone: 408 - 777 -3269 Phone: .o %- ?i3d - $ Kft)
Facsimile: 408- 777 -3399 Facsimile: c e°i• - 33. - 93s�
NOTARY ACKNOWLEDGEMENT IS
AMOUNT: $ REQUIRED. IF A CORPORATION, CORPORATE
ACCOUNT NUMBERS: /i / , / SEAL AND CORPORATE NOTARY
FILE NO.:/ ACKNOWLEDGEMENT AND FEDERAL TAX ID
U ARE REQUIRED. IF NOT A CORPORATION
SOCIAL SECURITY NO. IS
REQUIRED
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City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00520 -5
Distribution list
Payee: Clean Innovation Corp. Vendor # 3877
3350 Scott Blvd. Bldg. 8 _
Santa Clara, CA 95054 Invoice# Date
Amount
Park Restrooms 110 - 8302 -7014 505.00
Park Restrooms 110 - 8303 -7014 1010.00
Park Restrooms 110- 8314 -7014 3030.00
Park Restrooms 110- 8315 -7014 505.00
Bus Stops 110 - 8407 -7014 360.00
City Hall 110- 8501 -7014 3798.75
Library 110 - 8502 -7014 4698.75
Service center 110 - 8503 -7014 1633.75
Quinlan Center 110 - 8504 -7014 4698.75
Senior Center 110 -8505 -7014 2803.75
McClellan 110- 8506 -7014 548.75
Monta Vista 110- 8507 -7014 1858.75
Wilson Park 110 -8508 -7014 503.75
Portal park 110 - 8509 -7014 728.75
Creekside Park 110 -8511 -7014 593.75
Community Hall 110- 8512 -7014 1068.75
Teen Center 110 -8513 -7014 841.12
Sports Center 570 - 8510 -7014 1962.63 k_h.
TOTAL 31150.00 hr (
- - U
I