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07-113 Cobe Construction City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 PUBLIC WORKS DEPARTMENT CERTIFICATE Ole COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION COMMUNITY HALL iJPGRADE PROJECT PROJECT NO 2007-9233 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 co~rtract which was entered into, by, and between the City of Cupertino and Cobe Construction, on August 29, 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 of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. `-~Z,~- C-..~ C..t~.~,c (~ Director of Public Works and City Engineer of the City of Cupe Date: December 18, 2007 Printed on Recycled Paper Project No. 2007-9233 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this R~_day of ~/I~~c~ 1~S' i , 2007 , by and between COBE Construction whose place of business is located at 2470 S. Winchester Blvd., Suite D, Campbell, CA 95008 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of Califomia ("City")acting under and by virtue of the authority vested in the City by the laws of the State of California. PROJECT NUMBER 2007-9233 COMMUNITY HALL UPGRADE PROJECT NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.] City has designated Terry W. Greene, AIA, City Architect, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 City has designated Terry W. Greene, AIA, City Architect, to act as Construction Manager. City may assign all or part of the City Representative's rights, responsibilities and duties to Construction Manager. City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.3 City has designated SMWM Architects, to act as Consulting Architect. City may change the identity of the Consulting Architect at any time with notice and without liability to Contractor. 2.4 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall i1::. tuc ~., .,..~~~: at;iui. Article 3. Contract Time and Liquidated Damages 3. ] Contract Time. Contractor shall commence Work at the Site on the date established in the Notice to Proceed. City reserves the right to modify or alter the Commencement Date of the Work. Contractor shall achieve Final Completion of the entire ~~1~ork (other than non-substantial punch list items) within 90 Calendar Days from the date when the Contract Time commences to run as provided in Document 00700 (General Conditions). Community Hall Upgrade 00520 - 1 Agreement Project No. 2007-9233 3.2 Liquidated Dama es. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Article 15 of Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $ 250.00 for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, (other than erosion control and non-substantial punch list items) is achieved. These measures of liquidated damages shall apply cumulatively and except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum of Twenty Three Thousand Nine Hundred Eighty Eight Dollars and No Cents ($23,988.00) for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: Bid Form marked EXHIBIT "A" Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal. state and Inca) laws anti regi.ilatnnc that in anv manner ,ria., affart rnct nrnnracc narfnnvianro nr furnishing of Work or which relate to~any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products, specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. Community Hall Upgrade 00520 - 2 Agreement Project No. 2007-9233 5.3 Contractor has conducted or obtained and has understood all s~;,;h examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, Underground Facilities and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seg. in document 00430 (Subcontractors List). Article 6. Contract Documents 6. ] Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Form Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form llnr~~mant QQ~Rl1 Fc~rn.v A .ter F c,. ..'s, r~,._ r rn _ ._ _ Document 00700 General Conditions Document 00800 Special Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Specifications Division 1: General Requirements Divisions 2 - 16: Technical Specifications Drawings & Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Community Hall Upgrade 00520 - 3 Agreement Project No. 2007-9233 Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and Section 01420 (References and Definitions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). NONE ON THIS PROJECT 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (I 5 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, 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 Public Works office, 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 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 Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by anv annlicahlP law that »rnvicinn is rl?.emPrl inrhtrlPrl hr~rPin by thic raferenra(nr if cnrh nrnuicinn is ramiirari to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). Community Hall Upgrade 00520 - 4 Agreement Project No. 2007-9233 7.8 This Contra-~t and the Contract Documeni~ shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established wider the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. Community Hall Upgrade 00520 - 5 Agreement Project No. 2007-9233 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. COMMUNITY HALL UNGI2ADE PROJECT CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California By~~ Ralph A. Qualls, Jr. Director of Public Works Attest: Kimberly Smith, City Clerk Approved as to form by City Attorney: ~/ /~/ , Charles Kilian, City Attorney I ~ i~" '- ..c.L r•., f r' y1P.C[jno was_du1T uthnri~ecl to e ~ maiority vote of the City Council o~ CONTRACTOR: COBE Construction By: [Sig ure] ~~~ ~ ~ ~/s : ;~ [Please print name here] Title: ~ G [If Corporatio :Chairman ,President, or Vice President] ~~ By: - .~ ~c%= [Sign re] ~,, /~ ~~ /~ l~~sy-~ [Please print nam e h er e] ~~ ~ o ~ C~ ,~,, / Title: ~`~ l 1 ~^-~ [If Corporation: Secretary, Assistant ecretary, Chief Financial Officer, or Assistant reasurer] .r3.~5'/,~,~ ~ State Contractor's License No. Classification Expiration Date Taxpayer ID No. Designated Representative: Terry W. Greene, AIA City Architect 0300 Torre Avenue, Cupertino, CA 95014 Phone:408-777-3354 Facsimile: 40 8-777-3 3 3 3 E-Mail: terryg@cupertino.org CONTRACT AMOUNT: $ 23,988.00 ACCOUNT NUMBER: 420-9233-9300 FILE NO.: 51,203.07V Name: p Q Y~ l~ 1~0 l'1 Title: ~r~t~~n~ Z~'lp S, ~~ nc.1~~~tE'.-~ t., u.~ Address: /! ~ v>~/b~~t I . ~-~C ~O~ g Phone: T(/~ ~ / ~ ~~ ! 5~0~ Facsimile: ~~~ ~ ~~ ~ ~ ~~~' E-Mail: ~~ 1~ Y` I.~EJ ~ ~ ~ nG ~ (~YYI Notary Acknoledgement is required. If a Corporation, Corporate Notary Acknowledgement and Federal Tax I.D. are required. If not a Corporate Social Security No. is required. END OF DOCUMENT Community I--fall Upgrade 00520 - 6 Agreement CC)BE CONSTRUCTION August 29, 2007 Terry Green 10300 Torre Ave. Cupertino, CA 95014 Sub: Cupertino City Hall 10300 Torre Ave. Cupertino, CA 95014 Re: New Circuit Door Opener Dear Terry Green, EXEQBITA We are pleased to offer this proposal to install a circuit door opener for the City of Cupertino. 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. I can be reached anytime at (408) 410-9567. Sincerely, -~ ~~- Ben R. Olson, P.E. President LOBE Construction Inc. COBE Construction Incorporated 2470 S. Winchester Blvd., Suite D, Campbell, CA 95008 Phone {408) 371-3400 Fax (408) 371-3401 License #835122 COBS Construction Inc. -Budget Proposal Cupertino Civic Center 1. SCOPE OF WORK Automatic Door Opener • Furnish and install one (1) Tormax TN Control Enclosure on the lift side of the entry set of doors. This is a in-floor operating opener with two (2) radio control push plate actuators and one (1) receiver. Wall repair Electrical Flooring Repair waN as needed around new control plate area and paint as needed. • Provide one (1) new 3 pole 20 amp breaker in an existing panel to feed new door opener circuit. . • Provide one (1) 3 phase, 20 amp, buck boost transformer to boost the exis#ing voltage from 208 volt to 220 volt. • Provide one {1) Nema 1, 3 phase, 20 amp, fusible disconnect switch for new door opener feed. • Provide all associated conduit, wire, j-box, and connections for a complete system. • Install temporary floor covering protection as the work is being performed. Concrete Cutting • Cut and remove a section of concrete slab to install the control system of the door opener. 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 dose-out package for the owner. Page 2 COBE Construction Inc. -Budget Proposal Cupertino Civic Center 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 LOBE Construction's fee to manage and build this project. Total Budget Gost: $23,988.00 2. PROPQSAL QUALIFICATIONS AND PROJECT NOTES 1. We will insure that all subcontractors will be given subcontracts to protect the property owner, client and CUBE 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 overtime • Existing code violations • Handling and disposal of hazardous waste • Liquidated damages • Permits 3. Any scope of work for the following trades are not included: • Security Alarms 4. Paymen# terms 15 days. Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1Kti I~CL(..i' ~ On ~- ~~ ~ efore me, ~ ~4 ~~ Date / Name and Title personally appeared ~~ ~ b (C ~'~ Name(s) of ^ personally known to me or proved to me on the basis of satisfactory evidence) C~CESCtpwapt to be the person( whose name( is/ask subscribed to the C00" ~ 170127 within instrument and acknowledged to me that ~Sanlr ~ Co he/sl~/t executed the same in his/h~f/th~ authorized M!' ~• ErtNns Fib 21, 2011 capacity ies~! and that by his/h@r9th~r signature(~'j on the instrument the person~a'j, or the entity upon behalf of which the person(~s'~acted, executed the instrument. WITNESS my hand and official seal. i Place Notary Seal Above ~I' li'L('~ Signature of Notary Public OPTIONAL 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing Top of thumb here Signer's Name: ^ Individual ^ Corporate Officer - ^ Partner - ^ Limited ^ Attorney in Fact ^ Trustee Title(s): ^ General ^ Guardian or Conservator ^ Other: Signer Is Representing Top of thumb here 3 ©2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ` ~' ( Number of Pages: '`'