16-162 COBE Construction, Public Works Projects of $45,000 or Less, Project No. 2017-22Project No. 2017-22
CITY OF CUPERTINO CONTRACT
For Public Works Projects of $45,000 or Less
This public works contract ("Contract") is entered into by and between the
City of Cupertino , a municipal corporation ("City"), and COBE Construction , a
California corporation ("Contractor"), pursuant to Public Contract Code Section
22032 , for work on the City Hall IT Tenant Improvement Project ("Project").
1. SCOPE OF WORK
Contractor will perform and provide all labor, materials , equipment,
supplies , transportation , and any and all other items or services necessary to
perform and complete the work required for the Project ("Work"), as specified in
Attachment A , Scope of Work, and according to the terms and conditions of this
Contract, including all attachments to the Contract and any other documents and
statutes incorporated by reference . To the extent that any attachment contains
provisions that conflict or are inconsistent with the terms set forth in the body of
this Contract, the Contract terms will control.
2 . TIME FOR COMPLETION
The City Engineer will not issue Contractor a written notice to proceed
("NTP") with the Work for the Project until the Contract is fully executed by both
parties and City has received all insurance documentation pursuant to Section 13
below and any required bonds , if applicable , pursuant to Section 14 below.
Contractor must fully complete the Work within 30 calendar days from the
commencement date given in the NTP ("Contract Time "). Time is of the essence
for completion of the Work within the Contract Time .
3 . COMPENSATION AND PAYMENT
For satisfactory completion of the Work, performed in full compliance with
this Contract, City will pay Contractor$ 19,998 ("Contract Price"). Contractor
must submit an invoice on the first day of each month during the Contract Time
for the Work performed during the preceding month , itemizing labor, materials ,
equipment and any incidental costs incurred . City will pay Contractor 95% of the
undisputed amount(s) billed , within 30 days after City 's receipt of each properly
submitted invoice . Any undisputed retention will be released and included with
the final payment to Contractor within 60 days after City accepts the Work for the
Project as complete. Contractor warrants that title to all work, materials and
equipment incorporated into the Work will pass to City free of any claims , liens ,
or encumbrances upon payment to Contractor. Payment and performance
bonds are required for this Contract if the Contract Price is $25,000 or
more.
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4. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time ,
Contractor must pay liquidated damages in the amount of$ 250 per day for each
day of unexcused delay in completion . The liquidated damages amount is based
on the reasonably foreseeable consequences of delay , which may include actual
costs incurred by City due to the delay as well as intangible damages , including
loss of or interference with use of public property or inconvenience to the public.
Unavoidable delay caused by unanticipated events or circumstances which are
entirely outside of Contractor's control may be excused , provided Contractor
gives City prompt written notice of any such delay , but excused delay will not
entitle Contractor to additional compensation , subject to the limits of Public
Contract Code Section 7102 . City may deduct liquidated damages from payment
due or to become due to Contractor under this Contract.
5 . LICENSES AND PERMITS
Contractor must possess a California Contractor's License in good
standing for the following classification(s): B -General Building . Contractor must
also obtain a City business license before beginning Work on the Project.
Contractor is solely responsible for obtaining any required building permits or
similar governmental authorizations for the Work , at Contractor's sole expense.
6 . LABOR CODE COMPLIAN C E
Unless the Contract Price is $1 ,000 or less, the Contract is subject to all
applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code ,
beginning at Section 1720, and the related regulations , including but not limited
to requirements pertaining to wages , working hours and workers ' compensation
insurance. The Work is subject to compliance monitoring and enforcement by the
Department of Industrial Relations ("DIR ") pursuant to Labor Code Section
1725.5 , and Contractor and any subcontractors must be registered with the DIR
to perform public works projects. Contractor must also post all job site notices
required by laws or regulations pursuant to Labor Code Section 1771.4.
A Prevailing Wages . The Contract is subject to the prevailing wage
requirements applicable in Santa Clara County for each craft , classification or
type of worker needed to perform the Work , including but not limited to employer
payments for health and welfare , pension , vacation, and apprenticeship . The
prevailing wage rates are on file with the City Engineer's office and are available
online at http://www.dir.ca .gov/DLSR. Pursuant to Labor Code Section 1775,
Contractor and any subcontractor will forfeit to City as a penalty up to $200 for
each calendar day, or portion of a day , for each worker paid less than the
applicable prevailing wage rate , in addition to paying each worker the difference
between the applicable wage rate and the amount actually paid .
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B . Working Day. Pursuant to Labor Code Section 1810, eight hours of
labor consists of a legal day's work. Pursuant to Labor Code Section 1813,
Contractor will forfeit to City as a penalty the sum of $25 for each day during
which a worker employed by Contractor or any subcontractor is required or
permitted to work more than eight hours during any one calendar day, or more
than 40 hours per calendar week, unless such workers are paid overtime wages
under Labor Code Section 1815. All Work must be carried out during regular City
working days and hours unless otherwise specified in Attachment A or authorized
in writing by City.
C . Payroll Records. Contractor and its subcontractors must maintain
certified payroll records in compliance with Labor Code Sections 1776 and 1812,
and all implementing regulations promulgated by the DIR. For each payroll
record , Contractor and its subcontractors must certify under penalty of perjury
that the information in the record is true and correct , and that it has complied with
the requirements of Labor Code Sections 1771 , 1811 and 1815. Contractor must
submit certified payroll records to the Labor Commissioner as required under
California law and regulations .
D . Apprentices. If the Contract Price is $30 ,000 or more , Contractor
must comply with the apprenticeship requirements in Labor Code Section
1777.5 .
E. Workers ' Compensatio n Certification. Pursuant to Labor Code
Section 1861 , by signing this Contract, Contractor certifies as follows : "I am
aware of the provisions of Labor Code Section 3700 which require every
employer to be insured against liability for workers ' compensation or to undertake
self-insurance in accordance with the provisions of that code , and I will comply
with such provisions before commencing performance of the Work on this
Contract."
7. AMENDMENTS AND CHANGE ORDERS
The provisions of this Contract may not be modified except by a written
amendment or change order that is duly authorized and executed by both City
and Contractor. Any Contractor request for a change order must be submitted in
writing , specifically identifying the proposed change to the Contract and the
Work, and the proposed adjustment, if any , to the Contract Price or the Contract
Time . Each such request must be accompanied by all substantiating
documentation , including , but not limited to , the drawings, detailed cost
estimates , and schedule analysis for the change order.
8. STANDARDS AND COMPLIANCE
Contractor will use its best efforts to complete the Work in a professional
and expeditious manner, in compliance with this Contract and all applicable
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permit requirements . Contractor's workmanship must meet or exceed all
applicable standards and must comply with all applicable local , state , and federal
laws, regulations , rules, and requirements , including City ordinances. By
executing this Contract, Contractor warrants that all Work will be performed by a
qualified and experienced workforce , and that neither Contractor nor its
subcontractors or employees are employees of City or have any other
relationship with City officials, employees or consultants that would create an
unlawful conflict of interest.
9. INDEPENDENT CONTRACTOR
City and Contractor intend that Contractor will perform the Work under this
Contract as an independent contractor. Contractor is solely responsible for its
means and methods in performing the Work. Contractor is not an employee of
City and is not entitled to participate in health , retirement or any other employee
benefits from City .
10 . IMMIGRATION REFORM AND CONTROL ACT ("IRCA")
Contractor is solely responsible for verifying the identity and employment
authorization of all of its employees and subcontractors performing the Work,
pursuant to the IRCA or similar federal or state rules and regulations governing
employment of immigrants . Contractor must indemnify and hold City harmless
from and against any loss, damage, liability , costs or expenses arising from
Contractor's failure to comply with this section .
11 . NON-DISCRIMINATION
Discrimination against any prospective or present employee of Contractor
because of race , color , ancestry national origin, ethnicity , religion , sex , sexual
orientation , age , disability or marital status is strictly prohibited. Contractor, its
employees and its subcontractors , must comply with all applicable local , state
and federal nondiscrimination laws , including but not limited to the California Fair
Employment and Housing Act , Government Code Section 11135 and Labor
Code Sections 1735 and 3077 .5 . Any violation of this section constitutes a
material breach of this Contract.
12. INDEMNITY
To the fullest extent allowed by law , Contractor must indemnify , defend ,
and hold harmless City , its City Council , boards and commissions , officers ,
officials , agents, employees , consultants and volunteers (individually , an
"lndemnitee," and collectively , the "lndemnitees ") from and against any and all
liability , claims , stop notices, actions , causes of action , demands, losses ,
damages, and expenses (including legal expenses) whatsoever, including liability
arising from an injury to or death of any person or damage to property or other
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liability of any nature, arising out of, pertaining to , or related to the performance
of this Contract or the Work (collectively , "Liability "), including failure to comply
with any obligations herein by Contractor or Contractor's directors , officers ,
officials , employees , agents or subcontractors . This indemnity obligation does not
extend to Liability caused by the active negligence , sole negligence , or willful
misconduct of an lndemnitee(s).
Contractor's failure or refusal to timely accept a tender of defense
pursuant to this Contract will be deemed a material breach of the Contract. City
will timely notify Contractor upon City 's receipt of any third-party claim relating to
the Contract, as required by Public Contract Code Section 9201 . No lndemnitee
will be personally liable to Contractor or Contractor's directors, officers , officials,
employees , agents or subcontractors for any Liability. Contractor's indemnity
obligations under this Contract are not limited by any limitation of the amount or
type of damages or compensat ion payable under the workers ' compensation
laws or other employee benefit statutes , or by the insurance coverage or bond
limits required under this Contract, and will surv ive the exp iration o r any early
termination of the Contract.
13. INSURANCE
Contractor must maintain the insurance coverage required in this section
through the date of City 's acceptance of the Work . The coverage must include
the policy types and limits specified below, insuring against claims for injuries to
persons or damages to property that may arise or relate to Contractor's
performance under the Contract. C ity w ill not execute the Contract and issue the
NTP until Contractor has submitted to City satisfactory certificates of insurance
and endorsements , evidencing the type , amount, class of operations covered ,
and the effective dates and dates of expiration of the insurance coverage
required below. The insurance must be issued by a company or companies
acceptable to City and licensed to do business in the State of California, and
each insurer must have an AM . Best's financial strength rating of "A " or better
and a financial size rating of "VII " or better. If Contractor fails to provide or
maintain any of the required insurance coverage , City may , in its sole discretion
and without prior notice to Contractor, purchase such insurance at Contractor's
expense and deduct the cost from payments otherwise due to Contractor, or
terminate the Contract for default.
A. Policies and Limits. The following insurance policies and limits
are required for this Contract, unless otherwise specified in Attachment A:
(1) Commercial General Liability ("CGL '') Insurance : The CGL
pol icy must be issued on an occurrence bas is , written on a
comprehens ive general liabil ity form , and must include coverage for
liability arising from Contractor's or its subcontracto r 's acts or
omissions in the performance of the Work, including contractor's
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protected coverage , blanket contractual , completed operations ,
vehicle coverage and employer's non-ownership liability coverage ,
with limits of at least $2,000,000 per occurrence and $4 ,000,000 in
the aggregate . The CGL policy must protect against any and all
liability for personal injury , death , or property damage or destruction
arising directly or indirectly in the performance of the Contract. The
CGL coverage may be arranged under a single policy for the full
limits required or by a combination of underlying policies with the
balance provided by excess or umbrella policies, provided each
such policy complies with the requirements set forth in this
Contract.
(2) Comprehensive Automobile Liability Insurance : The
automobile liability policy must be issued on an occurrence basis,
with limits of at least $1 ,000,000 per occurrence for bodily injury
and $1 ,000,000 per occurrence for property damage, or combined
single limit of $1 ,000 ,000 per occurrence , covering owned , non-
owned and hired automobiles.
(3) Builder's Risk Insurance : The builder's risk policy must be
issued on an occurrence basis , for all-risk coverage on a 100%
completed value basis on the insurable portion of the Project for the
benefit of City.
(4) Workers ' Compensation Insurance and Employer's Liability
Insurance : The workers ' compensation and employer's liability
policy or policies must comply with the requirements of the
California Workers ' Compensation Insurance and Safety Act,
providing coverage of at least $1 ,000 ,000 or as otherwise required
by the statute. If Contractor is self-insured, Contractor must provide
its Certificate of Permission to Self-Insure , duly authorized by the
DIR.
B . Additional Insureds. City, including its City Council , boards and
commissions , officers , officials , agents , employees , consultants and volunteers,
must be named as additional insureds under Contractor's insurance policies
required under this section , except under the worker's compensation policy . The
naming of an additional insured will not affect any recovery to which the
additional insured would be entitled to under the policy if not named as an
additional insured . An additional insured will not be held liable for any premium,
deductible portion of any loss, or expense of any nature under the policy or any
extension thereof. Any other insurance held by an additional insured will not be
required to contribute anything toward any loss or expense covered by
Contractor's insurance .
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C. Notice. Each certificate of insurance must state that the coverage
afforded by the policy or policies is in force and will not be reduced , cancelled or
allowed to expire without at least 30 days advance written notice to City , unless
due to non-payment of premiums , in which case ten days advance written notice
must be provided to City. Such notice must be sent to City via certified mail and
addressed to the attention of the City Manager.
D . Waiver of Subrogation. Each required policy must include an
endorsement providing that the carrier agrees to waive any right of subrogation it
may have against City .
E. Required Endorsements. The CGL policy, the automobile liability
policy and the builder's risk policy must include the following endorsements :
(1) The inclusion of more than one insured will not operate to
impair the rights of one insured against another, and the coverages
afforded will apply as though separate policies have been issued to
each insured.
(2) The insurance provided is primary and no insurance held or
owned by City may be called upon to contribute to a loss .
(3) This policy does not exclude explosion , collapse , underground
excavation hazard , or removal of lateral support.
F. Forms of Certificates of Insurance and Endorsements. Each
certificate of insurance and endorsement must provide the name and policy
number of each carrier and policy , using a form and format acceptable to City .
G . Subcontractors. Contractor must ensure that each subcontractor
maintains the same insurance coverage required under this section with respect
to its performance of Work on the Project, including those requirements related to
the naming of additional insureds and waivers of subrogation .
14. BONDS
If the Contract Price is $25,000 or more , City will not execute the Contract
and issue the NTP until Contractor has provided City with a payment bond and a
performance bond for the Work, each in the penal sum of not less than 100% of
the Contract Price, using the bond forms included in this Contract under
Attachment B , Bond Forms. Each bond must be issued by a surety admitted in
California. If an issuing surety cancels a bond or becomes insolvent, Contractor
must provide a substitute bond from a surety acceptable to City, within seven
calendar days after written notice from City . If Contractor fails to substitute an
acceptable surety within the specified time , City may, in its sole discretion and
without prior notice to Contractor, purchase such bond(s) at Contractor's
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expense and deduct the cost from payments otherwise due to Contractor, or
terminate the Co'ntract for default.
15. ASSIGNMENT AND SUCCESSORS
Contractor may not transfer or assign its rights or obligations under this
Contract, in part or in whole , without City 's prior written consent. The terms and
conditions of this Contract are binding on Contractor's heirs, successors , and
assignees .
16. SUBCONTRACTORS
Contractor may use qualified , competent subcontractors to perform up to
49% of the Work under this Contract , provided each subcontract expressly
requires the subcontractor to be bound by the provisions of this Contract ,
including, but not limited to , the indemnity and insurance requirements. City
reserves the right to reject any subcontractor of any tier, and to bar a
subcontractor from performing further Work on the Project, if City, acting in its
sole discretion , determines that the subcontractor's performance or failure to
perform does not meet the requirements of this Contract, or for any of the
reasons set forth in Public Contract Code Section 4107 . If City rejects a
subcontractor pursuant to this section , Contractor must either self-perform the
Work of that subcontractor or replace the subcontractor with one that is
acceptable to City , at no additional cost to City .
17 . UTILITIES, TRENCHING AND EXCAVATION
A Contractor must call the Underground Service Alert ("USA") 811
hotline for marking of utility locations before digging . For underground service
alerts for City street lighting and traffic signal conduits, Contractor must also ,
before commencing any Work, call the City of Cupertino Service Center at (408)
777-3269.
B. As required by Government Code Section 4215, if, while performing
the Work , Contractor discovers utilities or utility facilities not identified by City,
Contractor must immediately provide written notice to City and to each known
utility .
C . As required by Government Code Section 7104, Contractor must
promptly notify City in writing if Contractor finds any of the three conditions listed
below , and wait for further direction from City before disturbing such condition(s).
Following such notice , City will promptly investigate and if City finds that one or
more of the following three conditions is or are present and that the presenters of
any such condition will cause a decrease or increase in Contractor's cost of or
time required for performance of the Work , City will amend the Contract Time or
Contract Price for the Work as required by law:
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(1) Material that Contractor believes may be a hazardous waste as
defined in Health and Safety Code Section 25117 , that is required
to be removed to a Class I, Class II , or Class Ill disposal site in
accordance with the law ;
(2) Subsurface or latent physical conditions at the Project worksite
differing from those indicated by information about the worksite
made available to Contractor; and
(3) Unknown physical conditions at the Project worksite of any
unusual nature, materially different from those ordinarily
encountered and from those generally recognized as inherent in the
character of the Work .
D . As required by Labor Code Section 6705, if the Contract Price
exceeds $25 ,000 and the Work includes the excavation of any trench or
trenches of five feet or more in depth , a detailed plan must be submitted to City ,
or its civil or structural engineer, for acceptance in advance of the excavation .
The detailed plan must show the design of shoring , bracing , sloping , or other
provisions to be made for worker protection from the hazard of caving ground
during the excavation . If the plan varies from the shoring system standards, it
must be prepared by a registered civil or structural engineer. Use of a shoring ,
sloping , or protective system less effective than that required by the
Construction Safety Orders is prohibited .
18 . DAILY REPORTS
Contractor must maintain daily reports on the Work and submit them to
City upon completion of the Project , or at any time upon request by City. Each
daily report must describe: the Work performed that day; the number of workers
performing the Work and hours worked ; the equipment and hours of labor used
for each task; a description of weather conditions ; and any circumstances
affecting the planned progress of the Work. All such reports are the exclusive
property of City , but Contractor is permitted to retain copies of the daily reports
for its records .
19. RECORDS
Unless otherwise specified in Attachment A , Contractor must maintain and
update a separate set of as-built drawings while the Work is being performed ,
showing any changes from the Work as planned in Attachment A , or any
drawings incorporated into this Contract. The as-built drawings must be updated
as changes occur, on a daily basis if necessary. Actual locations to scale must
be identified on the as-built drawings for all major components of the Work,
including but not limited to , as applicable : mechanical , electrical and plumbing
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work; HVAC systems ; utilities and utility connections ; and any other components
City determines should be included in the final record drawings of the Project.
Deviations from the original drawings must be shown in detail , and the location of
all main runs , including but not limited to piping , conduit , ductwork, and drain
lines , must be shown by dimension and elevation .
20 . NOTICES
All notices , demands, requests or approvals under this Contract
must be given or made in writing and sent to the other party by personal delivery ,
U.S. Mail, a reliable overnight delivery service , facsimile, or by email as a PDF
(or comparable) file . Notice is deemed effective upon delivery unless otherwise
specified . Notice for each party must be given as follows:
City:
City of Cupertino
10300 Torre Avenue
Cupertino CA 95014
Attention : Chris Orr
Copy to : Alex Acenas
Contractor:
COSE Construction , Inc.
498 Salmar Ave .
Campbell, CA 95008
Attention : Dan Piber
21 . URBAN RUNOFF MANAGEMENT
All Work on the Project must fully comply with federal , state , local and City
regulations concerning stormwater management. Contractor must avoid creating
excess dust when breaking asphalt or concrete and during excavation and
grading . If water is used for dust control , Contractor will use only the amount of
water necessary to dampen the dust. Contractor will take all steps necessary to
keep wash water out of the streets , gutters and storm drains . Contractor will also
develop and implement erosion and sediment controls to prevent pollution of
storm drains. Contractor must implement these controls prior to the start of the
Work , upgrade them due to weather conditions or as otherwise required by City ,
maintain them during construction or other Work phases to provide adequate
protection, and remove them at the end of construction and completion of the
Work . Such controls must include , but will not be limited to , the following
requirements :
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A. Install storm drain inlet protection devices such as sand bag barriers ,
filter fabric fences , and block and gravel filters at all drain inlets impacted by
construction . During the annual rainy season , from October 15 through June 15 ,
storm drain inlets impacted by construction work must be filter-protected . Storm
drain inlets will be filter-protected from onsite de-watering activities and saw-cutting
activities . Shovel or vacuum saw-cut slurry and remove from the Work site .
B. Cover exposed piles of soil or construction material with plastic
sheeting . Store all construction materials in containers.
C. Sweep and remove all materials from paved surfaces that drain to
streets, gutters and storm drains prior to rain as well as at the end of each work
day . When the Work is completed , wash the streets and collect and dispose of the
wash water offsite , in an appropriate location and lawful manner.
D. After breaking old pavement , remove all debris to avoid contact
with rainfall or runoff.
E. Maintain a clean work area by removing trash , litter, and debris at
the end of each work day and also when the Work is completed . Clean up any
leaks , drips , and other spills as they occur .
F. The requirements stated above are intended to be used in
conjunction with the California Stormwater Quality Association and California
Best Management Practices Municipal and Construction Handbooks , local
program guidance materials from municipalities , and any other applicable
documents on stormwater quality controls for construction . Contractor's failure to
comply with this section will result in the issuance of noncompliance notices ,
citations, Work stop orders and regulatory fines .
22 . EARLY TERMINATION
City may terminate this Contract for convenience, upon written notice to
Contractor. City may also terminate this Contract for cause . If Contractor fails or
refuses to perform the Work as required under this Contract, Contractor will be
deemed in default. If the default is not cured to City 's satisfaction within two days
after delivery of written notice of default to Contractor, City may , in its sole
discretion , elect to do one or more of the following :
A. Terminate the Contract immediately , upon written notice to Contractor.
B. Complete the Work using City 's own forces and charge Contractor for
all resulting costs and expenses , including City staff time .
C . Retain another contractor to complete the Work and charge Contractor
for all resulting costs and expenses .
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D . Require the performance bond surety to pay for completion of the
Work .
E . Pursue any other remedy available to City at law or under this
Contract.
If City terminates the Contract for convenience or for cause , City will only owe
Contractor payment for the Work satisfactorily performed before Contract
termination. Nothing in Section 23 below is intended to delay, abridge or bar
City 's right to terminate this Contract early pursuant to this section.
23. DISPUTE RESOLUTION, LAW AND VENUE
Any dispute arising under or relating to this Contract is subject to the
dispute resolution procedures of Public Contract Code Section 20104 et seq.,
which are incorporated by reference . Interpretation and enforcement of this
Contract is governed by California law. Venue for any legal action filed in relation
to this Contract is the Superior Court for the County of Santa Clara , California,
and no other place .
24 . ADVERTISEMENT
Contractor may not post , exhibit , or display any advertising signage at the
Project site without prior written approval from City . This section does not apply
to signage intended or required for general safety while the Work is in progress.
25. WAIVER
A waiver by City of any breach of any term , covenant , or condition in this
Contract will not be deemed a waiver of any subsequent breach of the same or
any other term , covenant, or condition contained herein, regardless of the
character of any such breach .
26. WARRANTY
Contractor guarantees and warrants the Work and the materials used or
provided for the Project for a period of one year, beginning upon City's
acceptance of the Work for the Project as complete ("Warranty Period "). During
the Warranty Period , upon notice from the City of any defect in the Work or the
materials, Contractor must, at its sole expense, promptly repair or replace the
defective Work or materials , including repair or replacement of any other Work or
materials that is or are displaced or damaged during the warranty work ,
excepting any damage resulting from ordinary wear and tear.
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27. INTEGRATION
This Contract, Attachments A and B , and the documents and statutes
attached, referenced or expressly incorporated herein , including any duly
authorized and executed amendments or change orders to the Contract,
constitute the full and complete understanding of every kind or nature
whatsoever between City and Contractor with respect to the Work and the
Project. No oral agreement or implied covenant will be enforceable against City .
If any provision or authorized modification to this Contract is determined by a
court of competent jurisdiction to be illegal, invalid or unenforceable, all other
provisions will remain in full force and effect.
28 . SURVIVAL
Section 12 (Indemnity), Section 23 (Dispute Resolution), and Section 26
(Warranty) expressly survive termination or expiration of the Contract.
29. INSERTED PROVISIONS
Each provision and clause required by law to be inserted in this Contract
is deemed to be inserted, and the Contract will be construed and enforced as
though each was included . If through mistake or otherwise any such provision
was not inserted, or not correctly inserted, the Contract will be deemed amended
accordingly.
30. CAPTIONS
The captions in this Contract are for convenience only and are not a part
of the Contract. They do not affect, limit or amplify the terms or provisions of the
Contract.
31. AUTHORIZATION
Each individual signing below warrants that he or she is authorized to do
so by the party that he or she represents , and that this Contract is legally binding
on that party . If Contractor is a corporation , signatures from two officers of the
corporation are required pursuant to California Corporations Code Section 313 .
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T he parties agree to this Contract as wi t nessed by the signatu res below:
COSE Construction , Inc.
By___,~-<:,..a.~~~-+-....LL......1.1.....--
Name ·14--..e:,c..;,~"-1'-'---<---.->="------
Title--'--'L..=..i....<--=;=--,--J.-L->M~'-=f,L..>,...:r_
Date--"..,___...__,__-=:::.......;;__.__=----
By __________ _
Name ----------
Title -----------
Date -----------
Attachment A: Scope of Work
CITY OF CUPERTINO
A Municip~poration
Byd~s
Timm Borden
Director offubl? Works
Date \'-f-L'f r-(~
RECOMMENDED FOR APPROVAL:
By '.~~ ~v'L--.
Name Ale>< 4/l/p{?le o,-C€N,ll-f
Title ?vSLJC /)l o,€1<S' PJUJf::;7.r l'vf~.
Date /I-Fl--2.-01.6
APPROVED AS TO FORM : ~w y Randolph Stevenson Hom
City Attorney \ . ] \
Date \ I _ l ~ _ (Q
j
ATTEST: ·
~;!±
Grace Schmidt
City Clerk { ( ( 1 Date ( < 'L < l9
Contract Amount: $19 ,998
P .O . No. ~ tt-~?1
Account No . 100-83-807-900 2_1o
Attachment B : Bond Forms (not applicable )
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Attachment A
Scope of Work
Contractor will perform the following Work for the Project , within the Contract
Time set forth in Section 2 and for the Contract Price set forth in Section 3 of this
Contract:
Mob ili za tio n
• Protect mea around w ere th e demo li t ion is to be done .
• Bu i ld temporary v 1squeen wo ll around w o rk are a to mini m ize dust to su rround ing
areas .
• Protec e x ist ing fl oor in wo rk area .
• Remove tempo rmy pro tection afte r de mol ition is comp lete .
Dem ol it ion
• Re mov e approxi ma e ly 25 · of ex isting li ght w e ll in L1ack office
• Re move ap prox imate ly I O' of ex ist ing wc1 II.
• Remove wood C8p and trim bomds as neede d to extend ha ll wu y .
• Hnll of nn d properly d ispose of nll deb r is .
Note: A ll elect r ica l safe off to be done by ot hers .
Meta l Fram ing and Drywa ll
• Pa tel, nnd fl oot wo tl and ce iling sco rs left from dem olitio n .
• Cnp en d of exist i ng li ght welt w ith d rywa ll. Float as needed to accep t paint
• Cap exist ing l,ard lid t;e iling a: neecl ed .
Pa intin g
• Paint patches as needed .
• Pa in co lor to be provided by t he City o Cupertino .
T -Ba r Ce lling
• Tie-In ex ist ing T-Bar ·o l1a rd lid ceili ng as need ed .
• T-Bm to match ex ist ing as close as possib le .
Da i ly a nd Fi nal Const ru ct ion Cl ea n-up
• Prov ide labor to keep t11e project clea n c nd sofe cl unng demoli tio n . At
l,e end of he project . provide a fi na l construction clean up .
Publi c Wo rks Cont ract
City Hall IT Te nant Impro veme nt Project
Pag e 15