09-092 Maxicrete, IncProject No. 2009-04
DOCUMENT 00520
CONTRACT
THIS CON"TRACT, dated this ZJ day of ~_ _ , 2009 , by and between MAXICRETE, INC whose place
of business is located at 1125 MISSOURI ST. #201, ~URFIELD, CA 94533, ("Contractor''), and the CITY OF
CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority
vested in the City by the laws of the State of California.
WHEREAS, City, on the 21s~ day of July, 2009 awarded to Contractor the following Project:
PROJECT NUMBER 2009-04
RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS
NOW, THEREFORE, in consideration of the mutual covenants hereinat~er set forth, Contractor and City agree
as follows:
Article 1. V1'ork
I.l 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. Agenc~~ and Notices to City
2.1 City has designated Glenn Goepfert, Assistant Public Works Director, 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 beneticiary of all Contractor
obligations to City, including without limitation, zll releases and indemnities.
2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at:
10300 Torre Avenue, Cupertino, California 9501~t or to such other person(s) and address(es) as City shall
provide to Contractor.
Article 3. Contract Time and liquidated Damages
3.1 Contract Time.
The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a
Notice to Proceed at any time within 30 Days atter the Notice of Award. Contractor shall not do any Work at
the Site prior to the date on which the Contract Time commences to run.
Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance
with Section 00700 (General Provisions) no later than June 30, 2010 as provided in Document 00700 (General
Provisions)
3.2 Liquidated Damages.
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
City of Cupertino 00520 - 1 Contract
Reconstruction of Curbs, Gutters and Sidewalks
Project No. 2009-04
any part of the Work is not cornpleted within the times specified above, plus any extensions thereof allowed in
accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), 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 beca.rse 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 $75 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final
Completion of the entire Work as specified above.
3.2.2 $75 per Calendar Day for failure to remo~~e concrete from a work area within the same calendar week.
3.2.3 $75 per Calendar Uay for failure to replace asphalt to finish grade within 30 calendar days.
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. (;ontract Sum
4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as
set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached
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 ronditions, as-built conditions, and all local conditions, and
federal, state and local laws and regulations that in any manner may affect cost, progress, performance or
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 l.lnderground facilities, or which may appear in the Drawings. Contractor
accepts the determination set forth in these Ducuments and Document 00700 (General Provisions) ofthe 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 identi~~ied, Contractor does not and shall not rely on any other
information contained in such reports and drawing..
5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations,
tests, reports and studies (in addition to or to supplement those referred to in Section 5? 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 atfect 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 Provisions); and no additional
examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be
required by Contractor for such purposes.
City of Cupertino 00520 - 2 Contract
Reconstruction of Curbs, Gutters and Sidewalks
Project No. 2009-04
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 Cite 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 birding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to ~:he Subcontractor Listing Law, California Public Contracting
Code §4100 et seq. in document 00340 (Subcontractors List)
Article 6. Contract Documents
6.1 Contract Documents consist of the following docu rents, including all changes, addenda, and modifications
thereto:
Document 00002 Signature Page
Document 00003 Project Directory
Document 00012 Caltrans/City Cross-Reference Table
Document 00100 Advertisement For Bids
Document 00200 Instructions to Bidders
Document 00210 Indemnity and Release Agreement
Document 00400 Bid Fonm
Document 0041 1 Bond Accompanying Bid
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00520 Contract
Document 00530 Insurance Forms
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
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00820 Traffic Control Requirements
Document 00821 Insurance
Document 00822 Apprenticeship Program
Technical Specifications
Addenda(s)
Drawings/Plans
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract
Documents may only be amended, modified or supplemented as provided in Document 00700 (General
Provisions).
City of Cupertino 00520 - 3 Contract
Reconstruction of Curbs, Gutters and Sidewalks
Project No. 2009-04
Article 7. Pvliscellaneous
7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) 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 i-nposed 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)
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 (15 U.S.C. § I S) 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 ~.vages 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 the at City's office, or may be obtained of the State of
California web site http://www.dir.ca.gov/DLSR,'PWD/Northern.html and shall be made available to any
interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware
of the provisions of Section 3700 of the Labor Code which 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
any applicable law, that provision is deemed included herein by this reference(or, if such provision is required
to be included in any particular portion of the Cor~tract Documents, that provision is deemed included in that
portion).
7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa
Clara, State of California, and governed in all resp~:cts 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 under the California Government Code, Title 1, Division
3.6, Part 3, Chapter 5.
City of Cupertino 00520 - 4 Contract
Reconstruction of Curbs, Gutters and Sidewalks
Project No. 2009-04
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written.
RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS
CITY: CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation of the MAXICRETE, INC.
State of California
Attest: ~ s
~~ ~~~~
[Please print name here]
City Clerk: Kimber ith
Approved as to form by City Attorney: ~/
Title: f ~~~~~'~~
~CT~ ____ _ _
[If Corporation: Chairman ,President, or Vice President]
~~~
__
Ci y Attorney: Carol Korade gy; ,,~
C ~~,~]
~ ,~~~,~~
1 hereby certify, under penalty of perjury, that Ralph A. [Please print name here]
Qualls, Jr., Director of Public Works of the City of Cupertino ,
c r
was duly authorized to execute this document. ~
~
Title: ~J ~ V~C~'~
[If Corporation: Secr ary, Assistant Secretary,
Chief Financ
i
al Officer, or Assistant Treasurer]
Dated: ~~ ~ ~. ~ ~
/
~3~0 ~ ~~j ~
_
State Contractor's License No. Classification
••^^ / ,
~rJ l.~ ~~d~i~
Ralph A. Qualls, Jr., Director of Public Wo of the City of Expiration Date
Cupertino, a Municipal Corporation of the State of California
Designated Representative:
Name: Glenn Goepfert
Title: Assistant Public Works Director
Address: 10300 Torre Ave., Cupertino, CA 95014
Phone: 408-777-3254
Facsimile: 408-777-3 333
AMOUNT: $ 418,605
ACCOUNT NUMBER: 270-945 I -9300
FILE NO.: 50,346
Taxpayer ID No. _~q- /,~U /,J~f ''_
Name: Nt~ ~~+IZ' 1~~(l~~~,~lu . ~~~ ~~~X (~~e~~.~~C
Title: Y I iS~t ~~~,11-'
Address: ~IZh ~~~5~~~ ~~ S~ ~~ ~~~~~~jl./I I-1~1,.~.~
Phone: ~~~1 ~ 2Z "~~~~ y
Facsimile: ~~ I ~ Z~~ -C~
NOTARY ACKNOLE:DGENIEN'T IS REQUIRED. IF :~
CORPORATION, CORPORATE; SEA1. ANU CORPORA"f F;
NO"I'ARY ACKNOWLEDEMENT AND FEDERAL "1'A\ ID :1RF;
RE;QUIRE:D. IF' NOT A CORPORATION SOCIAL SF.CI'~RI"1'1'
NO. IS RF;QUIREU
END OF DOCUMENT
City of Cupertino 00`i20 - 5 Contract
Reconstruction of Curbs, Gutters and Sidewalks
CALIFORNIA ALL-PURPOSE CERTIFICATE OF AKNOWLEDGMENT
...~
State of: California
County of: So~a~
Ong 23r~~~~ ,before me,
I'~~Gvt2~ ~~~-~ ~~i1~c
A ~ ~ ~ ~ (name and title of the officer)
personally appeared 11/~
who proved to me on the basis of satisfactory evidence to t>e the person (s) whose name(s) is/are
subscribed to the within instrument and acknowledged to rrle that he/she/they executed the same in
his/her/their authorized capacity (ies), and that by his/herltf•leir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of tl~e State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
_~~~ ELIZABETH LORENZO
COMM. # 1820422 ,n
N ~~ NOTARY FU6LIC-CALIFORNIA N
SOUINO COUNTY
Mr COMM. Exr OCT. 2A, aotz
of Notary
(Notary Seal)
.. .OPTIONAL INFORMATION..
Information below is NOT' required by law however may deter fraudulent removal of this form.
Description of Attached Document Capacity Claimed by Signer(s)
Number of Pages
Document Date:
Title or type of document
Additional information
^ Individual(s)
^ Corporate Officer
^ Partner
^ Attorney-in-Fact
^ Trustee(s)
^ Other
u
OFFICE OF THE CITY CLEF;K
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.or~3
CUPERTINO
August 31, 2009
Maxicrete, Inc
1125 Missouri Street, #201
Fairfield, CA 94533
To Whom It May Concern:
Enclosed for your records is a fully executed coKz'y of the agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the Public Works
department at (408) 777-3354.
Sincerely,
CITY CLERK'S OFFICE
Enclosure
DOCUMENT: 20802383 Pages 3
Fees.... No Fees
RECORDING REQUESTED BY � Taxes .. .
Copies
City of Cupertino AMT PA I D
WHEN RECORDED MAIL TO REG I NA ALCOMENDRAS RDE # 012
SANTA CLARA COUNTY RECORDER 8/03/2010
City Clerk's Office Recorded at the request of 4 12 PM
C ity
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014 -3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS
PROJECT NUMBER 2009 -04
riginal
O For Fast Endorsement
/ City Hall
10300 Torre Avenue
Cupertino, CA 95014 -3255
< 1 . 19 s (408) 777 -3354
CUPERTINO
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS
PROJECT NUMBER 2009 -04
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 contract which was entered into, by, and between
the City of Cupertino and Maxicrete, Inc., August 31, 2009, in accordance with the plans and
specifications for said work, have been completed to the City's satisfaction and acceptance of
completion was ordered on July 20, 2010.
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.
CQCAC.c
Director of Public Works and
City Engineer of the City of Cupertino
Date: July 23, 2010
"NO FEE"
VERIFICATION
I have reviewed this Certificate of Completion and Notice of Acceptance of
Completion. To the best of my knowledge, the information contained herein is true and
complete.
I verify under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.
Executed o he 27 day of July 2010 at Cupertino, California.
Itt
Jul - e z.
Ci y , le k>' Office
Ci o Cupertino