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07-117 Cobe constructionRECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 ~mI~II~INVV~Ih!~Y~IIIIW' Pages 4 Fees.... ~ No Fees Taxes... Copies.. AMT PAID R=GINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER R~=corded at the request of City RDE # 001 12/27/2007 2 48 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOi~ CODE 6103 CERTIFICATE OF COMPLETION ANID NOTICE OF ACCEPTANCE OF COMPLETION CITY HALL SINK INSTALLATION PROJECT PROJECT N0.2007-08 Original O For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 PUBLIC WORKS DEPARTMENT CERTIFICATE OI~ COMPLETION AND NOTICE OF ACCEPTAI`TCE OF COMPLETION CITY HALL SINK INSTALLATION PROJECT PROJECT N 0.2007-08 NOTICE IS HEREBY GIVEN 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 in hereinafter described in the corrtract which was entered into, by, and between the City of Cupertino and Cobe Construction o~i September 28, 2007, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered on December 18, 2007. That said work and improvements consisted ~~f 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. Director of Public Works and City Engineer of the City of Cuperti Date: December 18, 2007 Printed on Rec.icled Paper City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 CUPERTINO December 19, 2007 Recorder Santa Clara County Recorder 70 West Hedding Street San Jose, CA 95110 OFFICE OF THE CITY CLERK DOCUMENT FOR RECORDATION - CERTIFICA"CE OF COMPLETION CITY HALL SITJK INSTALLATION PROJECT Project No. ~ 007-08 Enclosed for recording is an original with accompanying fast endorsement copy of a certificate of completion and notice of acceptance of completion. If there are any questions or concerns, please contact our office at (408) 777-3223. Sincerely, ~~~ ~~~ Mary Re wine City Clerk's Office "NO FEE" VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, tree 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 18th of December 2007 at Cupertino, California. Mary ine - City Cl k's Office City of Cupertino CONSTRUCTION CONTRACT BETWEEN THE CITY OF CUPERTINO AND COBS CONSTRUCTION INC., I+~OR THE CITY HALL SINK INSTALI,ATiON PROJTCT D~ ~~;~~ ~ ~ a THIS CONTRACT is made and entered into this ~ day of,~~~ 2007 by and between the City of Cupertino, a municipal corporation, hereinafter referred to as CITY, and COBE CONSTRUCTION INC., hereinafter refened to as CONTRACTOR. RECITALS WHEREAS, the CITY OF CUPERTINO desires to complete the construction of the City Hall Sink Installation Project; and WHEREAS, COBE CONSTRUCTION has the necessary professional expertise and skill to provide the work required. NOW, THEREFORE, the purpose of this Contract is to retain COBS CONSTRUCTION as CONTRACTOR TO THE CITY to provide this conshuction as specified in Exhibit A of this Contract. THE PARTIES HEREBY AGREE AS FOLLOWS: Section 1. Scope of Work. CONTRACTOR shall provide the work as specified in detail in Exhibit A, and as on shown on the Plans, which is attached hereto and incorporated herein. Section 2. Term of Contract. This CONTRACT shall commence upon receipt of a Notice to Proceed and run for 60 Calendar days. In the event that the work called for under this CONTRACT is not completed within the time specified above, the Director of Public Works by change order may extend the time for completion. This section does not preclude the recovery of damages for delay by either party. Section 3. Schedule of Performance. The work to be completed according with Exhibit A and the Plans, which is attached hereto and incorporated herein. CONTRACTOR is not responsible for delays beyond CONTRACTOR'S reasonable control. Section 4. Compensation. The compensation to be paid to CONTRACTOR for the consri•uction, shall not exceed TWENTY FOUR THOUSAND, NINE HUNllRED NINTY and 00/100 Dollars ($24,990.00) without a written change order. Section 5. Method of Payment. Upon completion of the work as specified in Exhibit A, the CONTRACTOR shall furnish to the CITY an invoice for the work provided. CONTRACTOR nnay subnit monthly invoices for• interim progress payments during the course of the work. CONTRACT Section 6. Independent Contractor. It is understood and agreed that CONTRACTOR, in the performance of the work and provided by the CONTRACTOR, shall act as and be an independent contractor and not an agent or employee of CITY; and as an independent contractor, CONTRACTOR shall obtain no rights to retirement benefits or other benefits which accrue to CITY'S employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights. Section 7. No Third Party Rights. CONTRACTOR'S work under this contract are intended for the sole benefit of CITY and shall not create any third party rights or benefits. Section 8. Protect Coordination. (a) CITY: The Ralph Qualls, Director of Public Works shall be representative of CITY for- all ptuposes under this contract. Teny W. Greene, City Architect is hereby designated as the CITY PROJECT MANAGER for the Director of Public Works, and shall supervise the progress and execution of this contract. (b) CONTRACTOR: CONTRACTOR shall assign a single PROJECT MANAGER to have overall responsibility for the progress and execution of this contract for CONTRACTOR. Ben Olson is hereby designated as the PROJECT MANAGER for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this contract require a substitute CONTRACTOR PROJECT MANAGER for any reason, the CONTRACTOR PROJECT MANAGER designee shall be subject to the prior written acceptance and approval of the CITY PROJECT MANAGER. Section 9 Assignability /Sub Contractor's /Employees. The parties agree that the expertise and experience of CONTRACTOR are material considerations for this Contract. CONTRACTOR shall not assign or transfer any interest in this Contract or the performance of any obligations hereunder, without the prior written consent of CITY, and any attempt by CONTRACTOR to so assign this Contract or- any rights, duties, or obligations arising hereunder shall be void and of no effect. CONTRACTOR shall be responsible for employing or engaging all persons necessary to provide the work. No sub contractor will be recognized by CITY as such; rather, all sub contractors are deemed to be sub conhactors of the CONTRACTOR, and it agrees to be responsible for thee- performance. CONTRACTOR shall give its collective professional attention to the fulfillment of the provisions of this contract by all of its employees and sub contractors, if any, and shall keep the work under its control. If any employee or sub contractor of the CONTRACTOR fails or refuses to carry out the provisions of this contract or appears to COBE -Contact Page2of12 CONTRACT be incompetent or to act in a disorderly or improper manner, such employee or sub contactor shall be discharged immediately from the work under this contract on demand of the CITY PROJECT MANAGER. Section 10. Indemnification. CONTRACTOR shall hold harmless and indenuiify, including the cost to defend, CITY and its respective principals, directors, officers and employees from and against claims, loss, liability, suites and damages, includuig attorney's fees, that arise out of, pertain to, or relate to CONTRACTOR'S negligence, recklessness or willful misconduct. The acceptance of said work by CITY should not operate as a waiver of such right of indemnification. This provision shall survive the term of the CONTRACT. Section 11. Insurance Requirements. The CONTRACTOR shall maintain at all times during the performance of the Contract the following insurance and endorsements: A. Workers' Compensation and Employer's Liability Insurance: Workers' compensation insurance indicating compliance with State's workers' compensation laws and employer's liability insurance with a minimum of one million dollars ($1,000,000.00) per accident for injury, death or disease to any employee. The policy shall contain an endorsement waiving all rights of subrogation against the City, its officers, officials, employees or volunteers. B. Professional Liability, General Liability and Automobile Liability Coverage: 1. Automobile Liability Insurance shall include coverage for bodily injury and property damage for owned (if any), hired and non-owned vehicles and shall not be less than one million dollars ($1,000,000.00), combined single limit for any one occun•ence. 2. Comprehensive or Commercial General Liability Insw~ance shall include coverage for bodily injury, property damage and personal injury for premises operations, product/completed operations and contractual liability. 'The amount of the insurance shall not be less than one million dollars ($1,000,000.00) per occurrence and one million dollars ($2,000,000.00) aggregate, combined single limit. (Claims made policies are not acceptable.) C. Additional Insurance Provisions i . The CiTi' shall iiavc the rigiii t0 ilispect ur ubtain a copy of file original pviicies of iisurance. 2. The general and auto liability policies shall be endorsed to name the CITY, its officers, officials, employees or volunteers as insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts or equipment furnished in connection with such work or operations, General liability coverage can be provided in the form of an endorsement to the CONTRACTOR'S insurance (at least as broad as I50 Form CG 20 37 07 04 or CG 20 10 11 85), as a separate Owner's and Contractor's Protective Liability Policy, or on the Entity's own form. COBE -Contract Page 3 of 12 CONTRACT 3. CONTRACTOR shall furnish to the CITY within 15 days following the execution of this Contract, the required certificates and endorsements. The certificate of insurance shall state the policy will not be cancelled without thirty (30) days written notice to the CITY. 4. All policies, endorscnients, cer-fiGcates, and/or binders shall be subject to approval by the Director of Public Works of the City of Cupertino as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Section 12. Nondiscrimination. CONTRACTOR shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin in connection with or related to the performance of this Conriact. Section 13. Termination. Termination of Control Failure to supply an adequate working force or material of proper quality, or in any other respect to prosecute the Work with the diligence and force specified by the Contract, is grounds for termination of Contractor's conriol over the Work and for taking over the Work by City. Termination of Contract for Cause Contractor shall be in default of the Contract Documents and City may terminate Contractor's right to proceed under the Contact Documents, for cause, should Contractor commit a material breach of the Conri•act Documents and not cure such breach within ten (10) calendar days of the date of notice fiom City to Conri-actor demanding such cure; or, if such breach is curable but not curable within such ten (10) day period, within such period of time as is reasonably necessary to accomplish such cure. (In order for Contractor to avail itself of a time period iri excess of 10 calendar days, Contractor must provide City within the ten (10) day period with a written plan acceptable to City to cure said breach, and then diligently commence and continue such cure according to the written plan). In the event of termination by City as provided above for cause, Contractor shall deliver to City possession of the Work in its then condition, including but not limited to, all designs, engineering, Project records, cost data of all types, plans and specifications and contracts with vendors and subconri•actors, all other documentation associated with the Project, and all construction supplies and aids dedicated solely to performing the Work which, in the normal course of construction, would be consumed or only have salvage value at the end of the constuction period. Contractor shall remain fully liable for the failure of any Work completed and materials and equipment provided through the date of such termination to comply with the provisions of the Contract Documents. The provisions of this Section shall not be interpreted to diminish any right which City may have to claim and recover damages for any breach of the Contract Documents or otherwise, but rather, Conri•actor shah compensate City for aii toss, cost, damage, expense, and/or iiabiiity suffered by City as a result of such termination and failure to comply with the Contract Documents. In the event a termination for- cause is later determined to have been made wrongfully or without cause, then the termination shall be heated as a termination for convenience, and Contactor shall have no greater rights than it would have had following a termination for convenience. Any Contractor claim arising out of a termination for cause shall be made in accord with Section 9 herein. No other loss, cost, damage, expense or liability may be claimed, requested or recovered by Contractor. Termination of Contract for Convenience LOBE -Contact Page 4 of 12 CONTRACT A. City may terminate performance of the Work under the Contract Documents in accordance with this clause in whole, or from time to time in part, whenever City shall determine that termination is in City's best interest. Termination shall be effected by City delivering to Contractor notice of termination specifying the extent to which performance of the Work under the Contract Documents is ternnated and the effective date of the termination. B. After receiving a notice of termination, and except as otherwise directed by City, Contractor shall: 1. Stop Work under the Conhact Documents on date and to extent specified in notice of termination; 2. Place no further orders or subcontracts for- materials, services, of facilities except as necessary to complete portion of Work under the Contract Documents which is not terminated; 3. Terminate all orders and subcontracts to extent that they relate to performance of Work terminated by the notice of termination; 4. Assign to City in manner, at times, and to extent directed by City, all right, title, and interest of Contractor under orders and subcontracts so terminated. City shall have the right, in its sole discretion, to settle or pay any or all claims arising out of termination of orders and subcontracts; 5. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with approval or• ratification of City to extent City may require. City's approval or ratification shall be fmal for purposes of this section; 6. Transfer title to City, and deliver in the manner, at the times, and to the extent, if any, directed by City, all fabricated or un-fabricated parts, Work in process, completed Work, supplies, and all other material produced as part of, or acquired in connection with performance of, Work terminated by the notice of termination, and completed or partially completed drawings, drawings, specifications, information, and other property which, if the Project had been completed, would have been required to be furnished to City; 7. Use its best efforts to sell, in manner, at times, to extent, and at price or prices that City directs or authorizes, any property of types refereed to in preceding paragraph, but Contractor shall not be required to extend credit to any purchaser, and may acquire any such property under conditions prescribed and at price or prices approved by City. Proceeds of hansfer or disposition shall be applied to reduce payments to be made by City to Conh•actor under the Contract Documents or shall otherwise be credited to the price or cost of Work covered by Contract Documents or• paid in such other manner as City may direct; 8, Complete performance of the part of the Work which was not tenniriated by the notice of termination; and 9. Take such action as may be necessary, or as City may direct, to protect and preserve all property related to Contract Documents which is in Contractor's possession and in which City has or may acqun•e interest. C. After receipt of a notice of termination, Contractor shall submit to City its termination claim, in form ar:d ~vrtlr all cer±:ficatror:s requ:r•ed. Contractor's term~.ra±ror: claim shall be subnntted promptly, but in no event later than 6 months fi•om effective date of the termination. Contractor and City may agree upon the whole or• part of the amount or amounts to be paid to Contractor because of a total or partial termination of Work under this Section. If Contractor and City fail to agree on the whole amount to be paid to Conhactor because of the termination of the Work under this Section, City's total liability to Contractor by reason of the termination shall be the total (without duplication of any items) of: 1. The reasonable cost to Contractor, without profit, for all Work performed prior to the effective date of the termination, including Work done to secure the Project for termination. Reasonable cost may not exceed the applicable percentage completion values derived from the progress schedule and the schedule of values. Deductions shall COBE - Conh•act Page 5 of 12 CONTRACT be made for cost of materials to be retauied by Contractor, cost of Work defectively performed, amounts realized by sale of materials, and for other appropriate credits against cost of Work. Reasonable cost will include reasonable allowance for Project overhead and general administrative overhead not to exceed a total of ten percent of direct costs of such Work. When, in City's opinion, the cost of any item of Work is excessively high due to costs incurred to remedy or replace defective or rejected Work, rc~sonable cost to be allowed will be the estimated reasonable cost of performing the Work in compliance with requirements of Contract Documents and excessive actual cost shall be disallowed. 2. A reasonable allowance for profit on cost of Work performed as determined in the preceding paragraph, provided that Contractor establishes to City's satisfaction that Conhactor would have made a profit had the Project been completed, and provided further that the profit allowed shall not exceed 5 percent of cost. 3. Reasonable costs to Coniractor of handling material returned to vendors, delivered to City or otherwise disposed of as directed by City. 4. A reasonable allowance for Contractor's internal administrative costs in preparing termination claim. 5. Except as provided in this Section, City shall not be liable for costs incurred by Conhactor or Subcontractors after receipt of a notice of termination. Such non- recoverable costs include, but are not limited to, anticipated profits on Work not performed as of the date of termination, post-termination employee salaries, post- termination general adminishative expenses, post-termination overhead or unabsorbed overhead, costs of preparing and submitting Conhactor's Bid, attorney's fees of any type, and all costs relating to prosecution of claim or lawsuit. 6. City shall have no obligation to pay Contractor under this Section unless and until Contractor provides City with updated and acceptable as-builts and Project Record Documents for Work completed prior to termination. D, In arriving at the amount due Contractor under this clause, there shall be deducted in whole (or in the appropriate part[s] if the termination is partial): 1. All unliquidated advances or other payments on account previously made to Contractor, including without limitation all payments applicable to the terminated portion of Contract Documents; 2. Any claim which City may have against Contractor in connection with Conhact Documents; and 3. The agreed price for, or proceeds of sale of, any materials, supplies, or other things kept by Contractor or sold under provisions of this Section, and not otherwise recovered by or credited to City. Section 14. Governing Law. CITY and CONTRACTOR agree that the law governing this Conhact shall be that of the State of California. Section 15. Compliance With Laws. Consistent with its professional standard of care, CONTRACTOR shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Section l7. Ownership of Materials. COBE -Contract Page 6 of 12 CONTRACT All reports, documents, or other material developed or discovered by CONTRACTOR or any other person engaged directly or indu•ectly by CONTRACTOR to perforn~ the services required hereunder shall be and remain the property of CITY to be used solely for this PROJECT. Hard copies of CONTRACTOR'S work product shall constitute the prof °ct deliverables. Electronic documents, if any, shall be provided as a courtesy only without any warranty or guarantee. The CITY holds CONTRACTOR harmless for any reuse of or• modification to the documents. Section 18. Waiver. CONTRACTOR agrees that waiver by CITY of any breach or violation of any term or condition of this Contract shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by CITY of the performance of any work or services by CONTRACTOR shall not be deemed to be a waiver of any term or condition of this Contract. Section 19. CONTRACTOR's I3oolcs and Records. A. CONTRACTOR shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or• relating to charges for• services, or• expenditures and disbursements charged to CITY for a minimum period of three (3) years, or for• any longer period required by law, fiom the date of fmal payment to CONTRACTOR pursuant to this Contract. B. CONTRACTOR shall maintain all documents and records which demonstrate performance under this Conh•act for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Conh~act. C. Any records or documents"required to be maintained pursuant to this Contract shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to CITY for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at CONTRACTOR'S address indicted for receipt of notice in this Contract. D. Where CITY has reason to. believe that such records or documents may be lost or discarded due to dissolution, disbandment, or termination of CONTRACTOR'S business, CITY may, by written request by any of the above-named officers, require that custody of the records be given to CITY and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by CONTRACTOR, CONTRACTOR'S representatives, or CONTRACTOR'S successor-in-interest. Section 20. Interest of CONTRACTOR. COBE -Contract Page 7 of 12 coNTRacr CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this contract, no sub CONTRACTOR or person having such an interest shall be ernplo;~ed. CON'T'RACTOR certifies that no one who has or will have any financial interest under this contract is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONTRACTOR shall at all times be deemed an independent CONTRACTOR and not an agent or employee of CITY. Section 21. Gifts. A. CONTRACTOR is familiar with CITY'S prohibition against the acceptance of any gift by a CITY officer or designated employee, which prohibition is found in the City of Cupertino Administrative Procedures. B. CONTRACTOR agrees not to offer any CITY officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or givuig of any prohibited gift shall constitute a material breach of this Contract by CONTRACTOR. In addition to any other remedies, CITY may have in law or equity, CITY may terminate this Contract for such breach as provided in Section 13 of this Contact. Section 22. Notices. All notices and other conununications required or permitted to be given under this Contact shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective parties as follows: To CITY: To CONTRACTOR: Terry W. Cn-eene City Architect City of Cupertino 10300 Tone Avenue Cupertino, CA 95014 408 777 3248 Ben Olson Project Manager COBE CONSTRUCTION INC. 2470 S. Winchester Blvd ,Suite D Campbell, CA 95008 408-371-3400 Notice shall be deemed effective on the data personally delivered or, if mailed, three (3) days after deposit in the mail. LOBE -Contact Page 8 of 12 CONTRACT Section 23. Venue. 1n the event that suit shall be brought by either party hereunder, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, chrsively ir; :he Unitc~l States District Court for the Northern District of California, San Jor:e, California. Section 24. Contract Bindine/Prior Contracts and Amendments. The terms, covenants, and conditions of this contract shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and sub CONTRACTORS of both parties. This CONTRACT, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This CONTRACT may only be modified by a written amendment duly executed by the parties to this Contract. Section 25. Costs and Attorneys Fees. The prevailing party in any action brought to enforce the terms of this contract or arising out of this contract may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party. Section 26. Electronic Transmission of Information. From time to time, the CONTRACTOR may transmit information to the CITY, CITY'S Representative, or Contractor via electronic transmission. The CITY, CITY'S Representative, or CONTRACTOR shall not be entitled to and hereby agrees not to alter or modify any such information without the express written consent of the_CONTRACTOR. Similarly, the CITY, CITY'S Representative, and Contractor shall not use any information for any purpose not expressly covered by this Contract. The CONTRACTOR shall not be responsible for any destruction or cor7uption of such information during or after transmission to CITY, CITY'S Representative, and Contractor and shall be entitled to appropriate additional compensation in the event retransmission or recreation is required. Notwithstanding the foregoing, the Contractor may use electronically transmitted information to prepare submittals, as-built drawings and record drawings, CONTRACTOR shall not be responsible for any changes made by the CONTRACTOR or for the CONTRACTOR'S work product, Section 27. Job Site Safetv and Debris. COBE -Contact Page 9 of 12 CONTRACT The CONTRACTOR shall be responsible for job site safety issues. Such issues shall be the responsibility of the Contractors, who shall be required by CITY to defend, indermrify, and hold harmless CITY for such issues. CONTRAC'T'OR must keep the job site safe and fi•ee of dust and excess debris at all time. Section 28. Dispute Resolution. Any dispute related to the services hereunder shall be resolved by the parties pursuant to applicable law. Section 29. Guaranty. Contractor hereby grants to City for a period of one year following the date of Final Completion, or such longer period specified in the Conh•act Documents, its unconditional warranty of the quality and adequacy of al] of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. Section 30. Prevailing Wages. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Conh•act, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which requh•e every employee to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. Section 31. Coordination of Work. CONTRACTOR shall provide a schedule of the work for approval by the CITY. CONTRACTOR to perform work with the least amount of disruption to the daily activities of the work area. CONTRACTOR shall provide temporary protection for the work area. Section 32. Protection of Property. Conh•actor shall not damage existing improvements, utility facilities, and adjacent property, real and personal. The fact that any existing underground improvement or facility is not shown on the Drawings shall not relieve Contractor of responsibility to ascertain the existence of any underground improvement or- facility which maybe subject to damage by reason of Conhactor's operations. Any damage to improvements or property, whether above or below the ground, private or public, within or adjacent to the project limits, arising from, or in consequence of, the performance of the Conh•act shall be repaired at once by Contractor. If City requires such repair to be made prior to the execution or continued COBF - Conh•act Page 10 of 12 CONTRACT performance of any part of the Work included in this Contract, City will so notify Contractor who shall delay or discontinue the performance of that part of the Work until the necessary repair has been made. Such delay shall not be considered unavoidable, and no extension of time for completion of the Conri•act will be allowed therefore. When ordered by City to make any such repair, Contractor shall start work thereon within lour (4) hour's and shall prosecute the same with diligence to completion. Upon failure of Contractor to so comply with such order, or upon Conh•actor's failure to make immediate emergency repairs reasonably determined by City to be necessary in the best interests of the public, City shall have authority to cause such repair to be made and to deduct the costs thereof from any money due, or which may become due, Contractor. In an emergency affecting the safety of life or property including adjoining property, Contractor shall act to prevent, to the extent possible, such threatened loss or injury, whether or not instructed to do so by City. LOBE -Contract Page 11 of 12 CONTRACT WITNESS THR EXECUTION IIEREOF on the day and yc:u' first herein abo~ ~vrJit~7_ AS TO Attorney NOTARY PUBLIC CERTIFICATION State of California County of On _d /_m /_y ,before me, Notary Public, personally appeared P.o. #: ~.~~ 6 ~' ~ s CITY OF CUYERTINO a mcorporation f O ~, ~~ //VV~~~~ //VV// • Ralph A. Qualls, Jr., Dir for f Public Works Attest:~~ ' e ~0 -zZ • ~ 7 City Clerk, Kimbe Smith 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 he /she / they executed the same in his /her /their capacity (ies), and that by his /her /their signature (s) on the instnument the person (s) or the entit u iii beh alf of which the person (s) y p- acted, executed the insh•ument. WITNESS my hand and official seal. Signature of Notary Public 10300 Torre Avenue Cuperturo, CA 95014 408 777 3223 CONTRACTOR By: COBE CONSTRUCTION INC. D~: /d J >~07 Name:_~~ ~ Old Title: ~/'~~/~ Date: Name: Title: 2007 Tax i.D. i~: ~ 2470 South Winchester Blvd., Suite D Campbell, CA 95008 408-371-3400 Account #: 110-8501-9300 - --~'- Amount : $ 24,990.00 ` c--~ ~ /~-~J > COBE - Conhact a " _ / Page 12 of 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California r County of ~~,~, ~~x~GL, r t On ~ . ~ ~-~~ before me, c.R- ~ ' " Lc.b ,~ Da T~ ~ ^. f Name and Title of Officer ( ., "Jane Doe, N ary ublic") personally appeared ^ personally known to me GRACE SCIMMOT Co~~Non / 1720127 No1MY PriYC • CdMoiNr 8~ Clra ~A- ~ Coffin. 60YM f~ 21.2011 Place Notary Seal Above ~ proved to me on the basis of satisfactory evidence) to be the person(~f whose name(,s~ is/ar subscribed to the within instrument and acknowledged to me that he/sli(e/tl~y executed the same in his/I~r/t~eir authorized capacity(ief6), and that by his/her/tl~ir signature(~'j on the instrument the person(~'j, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. ~/1(2 ~~ OPTIONAL Signer's Name: ^ Individual Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: i~ Document Date: ~ ~ ~ -=t~'Q ! Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ Attorney in Fact ^ Trustee ^ General ^ Guardian or Conservator ^ Other: Signer Is Representing Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signature of Notary Public Signer Is Representing Top of thumb here lL ©2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6627 ~ibit A CONSTC2UCTION September 25, 2007 Terry W. Greene, AIA City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Sub: Cupertino Civic Center 10300 Torre Ave. Cupertino, CA 95014 Re: Breakroom Sink Dear Terry Greene, We are pleased to offer this proposal to install a new sink for the Cupertino Civic Center. Following is a detailed proposal with a scope of work and a list of proposal qualifications. We appreciate this opportunity to quote your work. Please call if there are any questions. Ben can be reached anytime at (408) 410-9567, or Ron at (408) 332- 8113. Sincerely, "= ~~~'' Ron Shippy Project Manager CORE Construction Inc. Ben R. Olson, P.E. President COBE Construction Inc COBE Construction Incorporated 2470 S. Winchester Blvd., Suite D, Campbell, CA 95008 Phone (408) 371-3400 Fax (408) 371-3401 License #835122 COBE Construction Inc. -Proposal E~h.ibit 1~ Cupertino Civic Center 1. SCOPE OF WORK Plumbing • Install new Elkay LSR 1922 stainless steel sink with Chicago 786-E3 wing handle facet and ISE 333 garbage disposal. • Open wall behind drinking fountain. • Connect to existing drain, re-work vent as needed and stub-out waste tee for new sink. • Tee-off existing cold water. • Core drill floor. • Connect to hot water supply below floor and extend hot water line up to new sink location. • Stub-out piping and install shut-off valves. • Insulate hot water piping. • Install dishwater and make all necessary connections. • Test new sink plumbing for rough and final inspections. Wall repair Electrical Repair wall as needed around new sink area and paint as needed to nearest corner. • Relocate one (1) existing 20 amp copier circuit to new location as specified. • Re-feed the existing 6 space sub-panel with a new 100 amp circuit. • Install one (1) 100 amp, 2 pole circuit breaker in existing 6 space panel to feed new single phase, 4 wire panel. • Provide new panel with four (4) 20 amp single pole circuit breakers to feed new circuits. • Provide two (2) new 20 amp outlets for the refrigerator and dishwasher as shown. • Provide three (3) new 20 amp GFI receptacles for the toaster, microwave, and coffee maker as shown. • Provide one (1) 20 amp single pole switch for the garbage disposal. • Provide all associated conduit, wire and supports. Casework Furnish and install P-Lam faced European style casework and counter top per drawing requirements. Provide shop drawings showing all dimensions in relation with selected equipment and fixtures. Allowing for required clearance for door opening near the walls. Coordinate layout with equipment specs, plumbing and electrical requirements. Page 2 COBE Construction Inc. -Proposal ~X~l~x~ ~ Cupertino Civic Center Breakroom Equipment We have included in our budget a $2,000.00 allowance for a ADA compliant dishwasher and refrigerator. Project Expenses Provide the following jobsite expense: 1. Miscellaneous jobsite expenses including mobile phones, miscellaneous materials, first aid and safety signs, jobsite signs vials, first aid and safety signs, jobsite signs. Project Field Superintendent Labor cost for one of our project superintendents to properly manage this project. Our superintendent will be responsible for coordinating and supervising the subcontractors by making sure they have access to the work areas, meeting with them daily to layout work, addressing any questions regarding the scope, updating weekly schedules, obtaining all inspections and checking the work progress and quality of the work. The superintendent will also ensure that all safety rules and regulations are enforced. We anticipate that this project will take ten weeks and we have figured our superintendent will need to spend substantial hours a week on site to properly manage this project. Project Manager Provide project management for the project including preparing weekly schedules and updating the project team on the current schedule and scheduling changes, preparing subcontracts and ongoing contract administration, approving subcontractor applications for payment, and preparing a final construction close-out package for the owner. Daily and Final Construction Clean-up Provide labor to keep the project clean and safe during construction. This includes hauling debris away and dump fees to keep the construction site free of debris buildup. At the end of the project, provide a final construction clean up. General Liability Insurance This is a required cost to maintain general liability insurance. Coverage includes providing certificates of insurance, additional insured endorsements and a general aggregate of $2,000,000. General Company Overhead This covers COBE Construction's general overhead costs that included general company operating costs, taxes, and insurance costs other than general liability, state and local licenses. Contractor's Fee COBE Construction's fee to manage and build this project. Total Budget Cost: $24,990.00 Page 3 COBE Construction Inc. -Proposal I~X111b1t ,~ Cupertino Civic Center 2. PROPOSAL QUALIFICATIONS AND PROJECT NOTES 1. We will insure that all subcontractors will be 'given subcontracts to protect the property owner, client and CORE Construction, maintain current insurance (liability and workers compensation), provide proper lien releases, and have proper licenses and bonds required by the State of California. 2. We have not included any of the following: Relocating crates, equipment, and other items in the way of our work. • No HVAC work. • No flooring • No overtime • Existing code violations • Handling and disposal of hazardous waste • Liquidated damages • Permits • Floor and ceiling repairs • Bonds 3. Any scope of work for the following trades are not included: • Security Alarms ~, Page 4