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01-047 G.A.B. ConstructionRECORDING REQUESTED BY ' City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE INACCORDANCE WITH GOV. CODE 6103 ~! [-OCUMENT: 16289273 Titles 1 /Pages 3 Fees....* No Fees Taxes... Copies.. ~"el°`~`'g'7~~ AMT PA I D E3RENDA DAMS RDE ~ 007 SANTA CLARA COUNTY RECORDER 5/30/2002 f2ecorded at the request of 1141 AM ~; i t y ;SPACE ABOVE THIS LINE FOR RECORDER'S USE) CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTAPfCE OF COMPLETION WOLFE ROAD BIKE FACILITY IMPROVEMENT PROJECT, PROJECT 9440 ~~ U ~~ O Original O For Fast Endorsement 1 CITY OF CUPEI~TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION ANI) NOTICE OF ACCEPTANCE OF COMPLETION WOLFE ROAD BIKE FACILITY IMPROVEMENT PROJECT, PROJECT 9440 NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, clo hereby certify that the work and improvements hereinafter described in the contract for doing whi~;h was entered into by and between the City of Cupertino and G. A. B. Construction, Inc. on June 5, 2001, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered by the City Council on May 20, 2002. 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. ~y2 ~4 CQ c~ ~ c,t Director of Public Works and (pity Engineer of the City of Cupertino Date: May 22, 2002 Printed on Rec} Ged Paper 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 they laws of the State of California, that the foregoing is true and correct. Executed on the 24th day of May, 2002 at Cupertino, California. Deputy City Clerk City Clerk's Office, City of Cupertino ~.. RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 I~~IIII~IIII~II~III~III~ Titles~l / Pages Fees....* No Fees Taxes... Copies.. AMT PAID 3 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE # 007 5/30/2002 1141 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOV. CODE 6103 CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTAI\fCE OF COMPLETION BOLLINGER ROAD BIKE FACILITY IMPROVEMENT PROJECT, PROJECT 9443 f- ~( ,. 6`,,f~ O Original O For Fast Endorsement ., J CITY OF CUPEI~TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION ANI~ NOTICE OF ACCEPTANCE OF COMPLETION BOLLINGER ROAD BIKE FACILITY IMPROVEMENT PROJECT, PROJECT 9443 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 hereinafter described in the contract for doing whi~~h was entered into by and between the City of Cupertino and G. A. B. Construction, Inc. on June 5, 2001, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered by the City Council on May 20, 2002. 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.4GFuuc,/~ Director of Public Works and (~ity Engineer of the City of Cupertino Date: May 22, 2002 Printed on Recy cle~i Paper 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 on the 24th day of May, 2002 at Cupertino, California. ~~~~~\J ~ Deputy City Clerk City Clerk's Office, City of Cupertino CONTRACT FOR PUBLIC WORKS This CONTRACT made on June 5, 2001, by the CI'T'Y OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and G. A. B. Construction, Inc., hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRA(~TOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for respectively Wolfe Road Bicycle Facility Improvement Project; Project No. 9440, and Bo:~linger Road Bicycle Facility Improvement Project, Project No. 9443. d. Faithful Performance Bond and Materials Bond. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict betwee~l the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifi~~ations shall prevail. 2. THE WORK. CONTRACTOR agrees to fizrnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of traffic signal modifications and upgrades, ;~s called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively Wolfe Road Bicycle Facility Improvement Project, Project No. 9440, and Bollinger Road Bic~vcle Facility Improvement Project, Project No. 9443, and which Plans and Specifications are identified try the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of CONTRt~,CTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Director of Public Works, Ralph A. Qualls, Jr. Contract Pagc: 1 of 6 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the ;gum of One Hundred Forty-Eight Thousand Four Hundred Seventy Five and 00/100 Dollars ($148,475.00) subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT F'OR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applic~~ble, or in accordance with the agreement of the parties, or in accordance with Section 6, paragraph "f" of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public healtr~ and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require ~~vork to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by (~ITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CIIANGES. Should CITY at any time during the progress of the work require any alterations, deviati~~ns, additions or omissions from the Plans and Specifications or the Contract Documents, CITY sh;~ll have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No e~:tra work shall be performed or change be made except by a written order from CITY, duly authorize;d by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be v<<lid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been <<warded or entered into. CONTRACTOR shall be paid for such changes either by reference to the Unit: Prices bid, if applicable, or in accordance with the agreement of the parties. 9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of th~~ parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in ,accordance with the agreement of the parties. Contract Pagc: 2 of 6 10. TIME FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion section in the Proposal and the Specifications of this project. If CONTRACTOR shall be delayed in the work by thy: acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR' S control, or by delay authorized ley CITY, or by any cause which CITY shall determine justifies the delay, then the time of comp'~etion shall be extended accordingly. This paragraph does not exclude the recovery of damage: for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assi€;nment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty (30) d~lys from the date of the serving of such notice, CITY inay take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and art the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety sl:~all be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute Contract Pagf: 3 of 6 securities as provided in Section 4590 of the California Government Code as more fully described in CITY' S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and :signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to G.A.B. CONSTRUC"LION, 1170 COLEMAN AVENUE, CUPERTINO, CA 95112, postage prepaid and certified; and (c) if ~iotice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to (CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case ma:~ be, at the address. of CONTRACTOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be ;met by CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRAC'TOR'S responsibility to prove equality of any such material, process or article offered as a substitL~tion to the one(s) specified. 17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the Tatter's employees unless such employees :ire covered by the protection afforded to the CONTRACTOR. In signing this Contract CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions o:F Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Labor Code:, and I will comply with such provisions before commencing the performance of the work of this Contract." Contract Pagr, 4 of 6 18. ACCIDENT PREVENTION. Precaution shal ~ be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the in;~urance premium is a separate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CONTR~~CTOR unqualifiedly guarantees the first-class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or supplier in the project wI-ich is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. 21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates chosen would be for any sites currently under construction or to be constructed in the future. Contract Pages 5 of 6 IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO: gy. ~ l% MAYOR ~ `~ Attest: ~~=yn `~C -2' ~{/_ , ~-~';~-z-~ C~ City Cl c Date: ~ ~,.,~ ~~ , 2001 ,~ City Clerk APPROVED A TO F ity t r y PROJECT NAME & NUMBER: CONTRACTOR: G.A.B. CONSTRUCTION,INC. 67QiE0LEMAN AVENUE S JOSE, CA 951 - By: , G RGE BRILLA, PRESIDENT Not acknowledgment is required. If a corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation, a Social Security No. is required. Social Security # 77-0056061 Federal Tax I.D. # Contractor's License No. 470288 Wolfe Road Bicycle Facility Improvement Project, Project No. 9410, and Bollinger Road Bicycle Facility Improvement Project, Project No. 9443 CONTRACTOR NAME & ADDRESS: G.A.B. Construction, Inc. 670 Coleman Ave. San Jo:;e, CA 95110 CONTRACT AMOUNT: ACCOUNT NUMBER: $148,4'75.00 270-9440 and 270-9443 FILE NOS: 74,009.12 and 74,009.14 Contract Page 6 of 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SANTA CLARA ss. On t0 ,before me, LYNN J. JONES Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared GEORGE A. BRILLA Name(s) of Signer(s) [?~ personally known to me C proved to me on the basis of satisfactory l~vidence ~" a_ N J. J; z aa' ~; Cc,r~~ ~lss. ~°~ ; l l~xi?;~4 Z k ~- . F "J P~ r Inc ~ Cr 'nrnia C,. to be the person(s) whose name(s) is/are :subscribed to the within instrument and <~cknowledged to me that he/she/they executed the same in his/her/their authorized c;apacity(ies), and that by his/her/their :signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ~icted, executed the instrument. 1NIT SS my hand and official seal. Place Notary Seal Above furs of Notary Public OPTIONAL Though the information below is not required by law, it rvay prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer' Signer's Name: ^ Individual C~ Corporate Officer -Title(s): P R E S I D E N T ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: G.A.B. CONSTRUCTION, INC. Top of thumb here Number of Pages: ®1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, C4 91313-2402 Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-8827