13-118 Cobe Construction, Condominium Remodel at the Metropolitian, 19507 Stevens Creek Blvd., Unit 203A OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
LM TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
WEBSITE: www.cupertirio.org
CUPERTINO
September 4, 2013
Cobe Construction
2470 S. Winchester Blvd., Suite D
Campbell, CA 95008
Re: Agreement
Enclosed is a fully executed original copy of your agreement with the City of Cupertino
If you have any questions or need additional information, please contact the Planning
Department at (408) 777-3308.
Sincerely,
LaX4
Dorothy Steenfott
Senior Office Assistant
Enclosure
cc: Planning
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND COBE
CONSTRUCTION FOR CONDOMINIUM REMODEL AT THE
METROPOLITIAN 19507 STEVENS CREEK BOULEVARD,UNIT 203A.
THIS AGREEMENT, for reference dated August 5, 2013, is by and
ZK:b een CITY OF CUPERTINO, a municipal corporation (hereinafter referred to
as "City"), and, Cobe Construction, whose address is 2470 S Winchester Blvd,
Suite D, Campbell, CA 95008 (hereinafter referred to as "Consultant"), and is
made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business
as it is now being conducted under the Constitution and the statutes of the State
of California and the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to
perform the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement
on the terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for upon the
terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
1. TERM:
The term of this Agreement shall commence on August 8, 2013, and shall
terminate on January 31, 2014, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A"
which is attached hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount set forth in Exhibit "A" which is attached hereto and
incorporated herein by this reference, not to exceed a total of $27,488. Payment
shall be made by checks drawn on the treasury of the City, to be taken from the
265-7405 fund. For the full performance of this Agreement, CITY shall pay
CONTRACTOR: $27,448.00. Payment Schedule: Contractor will bill monthly for
any work completed and approved by the city of Cupertino Building Official or
his designee.
4. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the
performance of this Agreement.
5. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner
commensurate with the prevailing standards of like professionals in the San
Francisco Bay Area and agrees that all services shall be performed by qualified
and experienced personnel who are not employed by the City nor have any
contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by
this Agreement is that of employer-independent contractor. The manner and
means of conducting the work are under the control of Consultant, except to the
extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or othE!r right of employment will be acquired
by virtue of Consultant's services. None of the benefits provided by City to its
employees, including but not limited to, unemployment insurance, workers'
compensation plans, vacation and sick leave are available from City to
Consultant, its employees or agents. Deductions shall not be made for any state
or federal taxes, FICA payments, PERS payments, or other purposes normally
associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity
and employment authorization of all oi^ his/her employees performing work
hereunder, pursuant to all applicable IRCA or other federal, or state rules and
regulations. Consultant shall indemnify and hold City harmless from and
against any loss, damage, liability, costs or expenses arising from any
noncompliance of this provision by Consultant.
8. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race,
religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation will not be tolerated.
Consultant agrees that any and all violations of this provision shall constitute a
material breach of this Agreement.
9. HOLD HARMLESS:
A. Indemnification.
Other than professional services, Consultant shall, to the fullest extent
allowed by law, with respect to all services performed in connection with
the Agreement, indemnify, defend, and hold harmless the City and its
officers, officials, agents, employees and volunteers from and against any
and all liability, claims, actions, causes of action or demands whatsoever
against any of them, including any injury to or death of any person or
damage to property or other liability of any nature, whether physical,
emotional, consequential or otherwise, arising out, pertaining to, or
related to the performance of this Agreement by Consultant or
Consultant's employees, officers; officials, agents or independent
contractors. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of
litigation.
B. Claims for Professional Ser,,�ices Liability. Consultant shall, to the
fullest extent allowed by law, with respect to all services performed in
connection with the Agreement, indemnify, defend, and hold harmless the
City and its officers, officials, agents, employees and volunteers against
any and all liability, claims, actions, causes of action or demands
whatsoever from and against any of them, including any injury to or
death of any person or damage to property or other liability of any nature,
that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of Consultant or Consultant's employees, officers,
officials, agents or independent contractors. Such costs and expenses shall
include reasonable attorneys' fees of counsel of City's choice, expert fees
and all other costs and fees of litigation. Consultant shall not be obligated
under this Agreement to indemnify City to the extent that the damage is
caused by the sole or active negligence or willful misconduct of City, its
agents or employees.
C. Claims involving intellectual property. In addition to the
obligations set forth in (A) and (B) above, Consultant shall indemnify,
defend, and hold the City, its elected and appointed officers, employees,
and volunteers, harmless from and against any Claim in which a violation
of intellectual property rights, including but not limited to copyright or
patent rights, is alleged that arises out of, pertains to, or relates to
Consultant's negligence, recklessness or willful misconduct under this
Agreement. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of
litigation.
10. INSURANCE:
On or before the commencement of the term of this Agreement,
Consultant shall furnish City with certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance coverage
in compliance with paragraphs 9A, B, C, D and E. Such certificates, which do not
limit Consultant's indemnification, shall also contain substantially the following
statement: "Should any of the above insurance covered by this certificate be
canceled or coverage reduced before the expiration date thereof, the insurer
affording coverage shall provide thirty (30) days' advance written notice to the
City of Cupertino by certified mail, Attention: City Manager." It is agreed that
Consultant shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement
with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the follolATing insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following
minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combinE�d single limit policy with aggregate
limits in the amounts of $1,000,000 will be considered
equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the
following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for
the professional acts, errors and omissions of Consultant in
the amount of at least$1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for
which he/she has agreed to provide comprehensive general and automotive
liability insurance, Consultant shall look solely to his/her insurance for recovery.
Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or
City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against City
by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or
maintain the foregoing insurance, City shall be permitted to obtain such
insurance in the Consultant's name or as an agent of the Consultant and shall be
compensated by the Consultant for the costs of the insurance premiums at the
maximum rate permitted by law and cornputed from the date written notice is
received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance coverage,
except any professional liability and Worker's Compensation insurance, required
by this Agreement. The naming of an additional insured shall not affect any
recovery to which such additional insured would be entitled under this policy if
not named as such additional insured. An additional insured named herein shall
not be held liable for any premium, deductible portion of any loss, or expense of
any nature on this policy or any extension thereof. Any other insurance held by
an additional insured shall not be required to contribute anything toward any
loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being
sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determinE, adequate coverage for Consultant.
11. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to
perform the services required by this Agreement. Consultant may be required to
fill out a conflict of interest form if the services provided under this Agreement
require Consultant to make certain governmental decisions or serve in a staff
capacity as defined in Title 2, Division 6, Section 18700 of the California Code of
Regulations.
12. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this
Agreement, or any interest therein, directly or indirectly, by operation of law or
otherwise, without prior written consent of City. Any attempt to do so without
said consent shall be null and void, and &:-iy assignee, sublessee, hypothecate or
transferee shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer. However, claims for money by
Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written
notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner
or joint venturer or syndicate member or cotenant, if Consultant is a partnership
or joint venture or syndicate or cotenancy, which shall result in changing the
control of Consultant, shall be construed as an assignment of this Agreement.
Control means fifty percent (50%) or more of the voting power of the
corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall
be used in the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors
shall be required to furnish proof of workers' compensation insurance and shall
also be required to carry general, automobile and professional liability insurance
in reasonable conformity to the insurancE� carried by Consultant. In addition,
any work or services subcontracted hereunder shall be subject to each provision
of this Agreement.
14. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the
term of this Agreement, all appropriate permits, certificates and licenses
including, but not limited to, a City Business License, that may be required in
connection with the performance of services hereunder.
15. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared
or caused to be prepared by Consultant pursuant to or in connection with this
Agreement, shall be the exclusive property of City. Consultant shall not
copyright any Report required by this Agreement and shall execute appropriate
documents to assign to City the copyright to Reports created pursuant to this
Agreement. Any Report, information and data acquired or required by this
Agreement shall become the property of City, and all publication rights are
reserved to City. Consultant may retain a copy of any report furnished to the
City pursuant to this Agreement.
B. All Reports prepared by C=onsultant may be used by City in
execution or implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may
require, furnish reports concerning the status of services required under this
Agreement.
D. All Reports required to be ]arovided by this Agreement shall be
printed on recycled paper. All Reports shall be copied on both sides of the paper
except for one original, which shall be single sided.
E. No Report, information or other data given to or prepared or
assembled by Consultant pursuant to this Agreement shall be made available to
any individual or organization by Consultant without prior approval by City.
16. RECORDS:
Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that
relate to the performance of services under this Agreement.
Consultant shall maintain adequ<<te records of services provided in
sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible. Consultant shall provide free
access to such books and records to the representatives of City or its designees at
all proper times, and gives City the right to examine and audit same, and to
make transcripts therefrom as necessary, and to allow inspection of all work,
data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be kept separate from other
documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
If supplemental examination or audit of the records is necessary due to
concerns raised by City's preliminary examination or audit of records, and the
City's supplemental examination or audit of the records discloses a failure to
adhere to appropriate internal financial controls, or other breach of contract or
failure to act in good faith, then Consultant shall reimburse City for all
reasonable costs and expenses associated with the supplemental examination or
audit.
17. NOTICES:
All notices, demands, requests o:r approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the second business day after the deposit
thereof in the United States Mail, postage prepaid, registered or certified,
addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall
be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: George Schroeder
All notices, demands, requests, or approvals from City to Consultant shall
be addressed to Consultant at:
Cobe Construction
2470 S Winchester Blvd, Suite D
Campbell, CA 95008
18. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be
deemed in default in the performance of this Agreement. If such default is not
cured within the time specified after recei]Dt by Consultant from City of written
notice of default, specifying the nature of such default and the steps necessary to
cure such default, City may terminate the Agreement forthwith by giving to the
Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to
Consultant as provided herein. Upon termination of this Agreement, each party
shall pay to the other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of termination.
19. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances,
rules and regulations enacted or issued by City.
20. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of
the State of California excepting any choice of law rules which may direct the
application of laws of another jurisdiction. The Agreement and obligations of the
parties are subject to all valid laws, orders, rules, and regulations of the
authorities having jurisdiction over this Agreement (or the successors of those
authorities.)
Any suits brought pursuant to this Agreement shall be filed with the
courts of the County of Santa Clara, State of California.
21. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any
kind pertaining to the services performed under this Agreement unless prior
written approval has been secured from City to do otherwise.
22. WAIVER:
A waiver by City of any breach of any term, covenant, or condition
contained herein shall not be deemed to bE! a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained herein, whether of
the same or a different character.
23. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the parties hereto, and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both City and Consultant.
24. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the
Agreement shall be deemed to be enacted herein, and the Agreement shall be
read and enforced as though each were included herein. If through mistake or
otherwise, any such provision is not inserted or is not correctly inserted, the
Agreement shall be amended to make such insertion on application by either
party.
25. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of
the Agreement and in no way affect, limit or amplify the terms or provisions of
this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
Cobe Construction
By t� By Albert Salvador
Title 1r` d�'Gr ' / Title Building Official
Date Date August 5, 2013
RECOMMENDED FOR APPROVAL:
L S,bGliA��
Name:il�
Title Building Official
AP ROVED AS TO FORM:
021Z ity Attorney
ATTEST:
City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
265-7405 ! f 2 $27,488.00
PO# � ���
CORE
CONSTRUCTION
August 20, 2013
Julia Kinst
Administrative Assistant
Community Development Department
10300 Torre Ave
Cupertino, CA 95014
Sub: Condo Remodel
Re: Proposal
Dear Julia,
We are pleased to offer this proposal for the work at, The Metropolitan, 19507 Stevens
Creek Blvd, and Unit 203A. Following is the scope of work:
Scope
Drywall.......................$3,797.00
• Repair all holes in existing sheetrock walls throughout condo.
• Patch holes with new sheetrock.
• Tape all hole and float smooth.
• Texture all new repairs to match existing spry on texture finish.
Painting.....................$2,850.00
• Prime all new sheetrock repairs.
• Paint all new repairs and existing walls.
• We will apply two coats to all new repairs and one to two coats as needed on
existing walls.
• Paint color will match existing.
Doors.........................$1,884.00
• Repairs all hole in exiting doors as needed.
• Two of the existing doors will be replaced.
• Repair all door frames as needed.
• Replace existing door hinges as needed.
Custom Case Work...... 5,572.00
• Replace all damaged cabinet doors in kitchen and restroom.
• Replace all cabinet hardware as needed.
• Repair end panels on kitchen cabinets.
Finish Carpentry..........$773.00
• Provide and install new stair railing hardware.
COBE Construction Incorporated
2470 S. Winchester Blvd., SLite D Campbell, CA 95008
Phone(408) 371-3400 Fax (408) 371-3401 License#835122
Flooring......................$4,805.00
• Provide and install new carpeting throughout condo.
• Provide and install new sheet vinyl in kitchen.
• Existing vinyl in laundry closet is to remain.
Appliances..................$ 1,573.00
• Remove and discard existing appliances.
• Install new oven with gas stove top.
• Install new dishwasher.
• Install new refrigerator.
Overhead .....................$2,694.00
• Insurance (liability, worker comp, ect.)
• Supervision and Quality control
• Project Management
Total Cost ..............................................$27,448.00
Allowance for new Oven, dishwasher and refrigerator: $3,500.00
We appreciate this opportunity to quote your work. Please call if there are any questions. I
can be reached at (408) 410-3889.
Sincerely,
Daniel W. Piber
Project Manager
COBE Construction Inc.
Acceptance of Proposal: Signature J4 Date:
Page 2
COBE
CONSTRUCTION
Standard Qualifications and Exclusions
1.We will ensure that all subcontractors will be given subcontracts to protect the property owner, client
and COBE Construction Inc., maintain current insurance(Liability and Workers' Compensation ),
provide proper lien releases, and have proper licenses and bonds required by the State of California.
2.Schedule:
a.We have not included any additional costs for project phasing. Including additional labor costs
and cost to install temporary protection of work in different phases.
b.We have not included any overtime to make up for unforeseen scheduling delays that are not
the fault of COBE Construction, Inc. or other Subcontractors.
c.We have not included any weather protection costs that are required because of scheduling
delays that are not the fault of COBE Construction, Inc. or other Subcontractors.
d.We have not included any costs for scheduling delays due to"Acts of God" or weather.
3.Insurance:
a.COBE Construction Inc maintains general liability, workers compensation and automobile
insurance.
b.We have NOT included the following insurance: builder's risk, pollution liability, waiver of
subrogation endorsements, labor and performance bonds, and other project specific
insurance.
c.COBE Construction Inc does not provide design errors and omissions insurance.
4.After Project Completion expenses:
a.We have not included the cost of re-keying locks.
b.Final clean-up (including VCT waxing) beyond our standard construction clean-up
c.Sealing of ceramic the grout.
5.All water, power, toilet facilities, other utilities and parking will be provided by others during construction
at no cost to COBE Construction, Inc.
6.Floor moisture testing: We recommend floor moisture testing on all slab on grades. We can have the
test performed and if there is a moisture issue, we will prepare a proposal for that work.
7.We have NOT included any hazardous material removal. Including, but not limited to, asbestos and
lead removal.
8.ADA Upgrades:
a.We have included the ADA upgrades as noted in the proposal. We have not included additional
ADA upgrades required by the Building Department, including fixing ADA upgrades that don't
meet current code.
9.Proposal is valid for 30 days. After 30 days there may be an increase in material and/or labor costs.
10. Our standard terms of payment are Net 10.
11. We have not included the following:
a.Overtime
b.Expedited shipping
c.Cubicles, tables, indoor plants.
d.Relocating crates, equipment and other items in the way of our work.
e.Building permits, planning permits, MEP permits, utility fees, public works fees and other
building department Fees.
f. Liquidated damages clauses.
g.Repairs or upgrades to existing building systems not detailed in the above proposal.
h.Dental Specific Items: built in casework, dental chairs, dental equipment.
12. Any scope of work for the following trades are not included:
a.Communications (telephone or data/computer network cabling &speakers)
b.Security Alarms
c.Third Party Qualifying or Testing
d.Fire Alarms or Life Safety Alarms
e.Signage
Page 3
ID ITask Name Duration I Start I Finish 1 '13 Se 8 '13 Se 15 '13 Se 22 '13 Se 29'13 _ _ _ Od 6 '13
M T W T F S I S I M I T W T F S S M T W T F S S M T W'T F S S M T W T F S S M
1 Order Cabinet Doors 15 days Mon 9/2/13 Fri 9/20/13
2 Order Flooring 6 days Mon 9/2/13 Mon 9/9/13
3 Order Appliances 15 days Mon 9/2/13 Fri 9/20/13
4 Drywall Repair 5 days Mon 9/2/13 Fri 9/6113
5 iDoor&Frame Repair 5 days Mon 9/2/13 Fri 916/13
6 Painting 5 days Mon 9/9/13 Fri 9/13/13
7�,Hand Rail Repair 2 days Mon 9/16/13 Tue 9/17/13 ^—^
8 !Cabinet Repair 5 days Mon 9/23/13 Fri 9/27/13 - .. ............ ..__.........
9 ;Install Flooring 4 days Mon 9/30/13 Thu 10/3/13
10-7Install Appliances 2 days Fri 1014/13 Mon 10/7/13
I I
Task O Milestone ♦ External Tasks "
Project:Cupertino Condo 9.2.13 Split Summary WM======W External Milestone
Date:Tue 8/20/13
Progress Project Summary Deadline
Page 1