Loading...
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 $25,000 or more. Public Works Contract Page 1 City Hall IT Tenant Improvement Project Project No. 2017-22 4. LIQUIDATED DAMAGES If Contractor fails to complete the Work within the Contract Time , Contractor must pay liquidated damages in the amount of$ 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 . Publi c Works Contract Pag e 2 City Hall IT Te nant Improvement Pro ject Project No . 2017-22 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 Public Works Contract Page 3 City Hall IT Tenant Improvement Project Project No . 2017-22 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 Public Works Contract Page 4 City Hall IT Tenant Improvement Project Project No . 2017-22 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 Publ ic Works C on tract Page 5 City Hall IT Tenant Im provem ent Project Project No . 2017-22 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 . Public Works Contract Page 6 Ci ty Hall IT Tenant Improvement Project Project No . 2017-22 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 Public Works Contract Page 7 City Hall IT Tenant Improvement Project Project No . 2017-22 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: Public Works Contract Page 8 City Hall IT Tenant Improvement Project Project No . 2017-22 (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 Public Works Contract Page 9 City Hall IT Tenant Improvement Project Project No . 2017-22 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 : Public Works Contract Page 10 City Hall IT Tenant Improvement Project Project No . 2017-22 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 . Public Works Contract Page 11 City Hall IT Tenant Improvement Project Project No . 2017-22 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. Public Works Contract Page 12 City Hall IT Tenant Improvement Project Project No. 2017-22 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 . Public Works Contract Page 13 City Hall IT Tenant Improvement Project Project No . 2017-22 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 ) Public Works Con t ract Page 14 City Hall IT Te nant Improvem ent Project 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