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08-085 JJR Construction Project 2008-02City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 CUPERTINO OFFICE OF THE CITY CLERK August 7, 2008 JJR Construction, Inc. 1120 Ninth Avenue San Mateo, CA 94402 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS -PROJECT 2008-02 This letter confirms your company's bid for the above-stated project was accepted. If you have any questions or need additional information, please contact the Public Works Department at (408) 777-3354. Your bid bond is enclosed. Sincerely, Mary Redwine City Clerk's Office RF~rvED PUBI.SC WORKS DEPa4IrTIvII~PT AUG 0 4 2008 F. CONTRACT FOP: PUBLIC WORKS ~~J~~Jzj7Js-~ ~O ~. This CONTRACT made on __g,a.~S~s+ ~- ~ 200 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and JJR CONSTRUCTION, INC, hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: I. THE CONTRACT DOCUMENTS. The complete contract consists of this contract and the following contract documents incorporated herein by reference: a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcon~[ractors Form and Signature Form. b. Standard Specifications, General Provisions acid Special Provisions. c. Plans and Specifications for Reconstruction of Curbs, Gutters and Sidewalks. Project No. 2008-02 d_ Faithful Performance Bond and Payment Bond. e. 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. All of the above documents are incorporated into this contract by reference so that any work called for in one and not mentioned in another, i:> 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 between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish 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 reconstructing curbs, gutters and sidewalks, as 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, Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2008-02 and which Plans and Specifications are identified by the signatures of t:he 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 CONTRACTOR, 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 Engineer, Mr. Ralph A. Qualls, Jr. 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, th.e sum of $ 546,900.00 (Five Hundred Forty- six thousand Nine Hundred Dollars and no Gents), subject to additions and/or deductions as provided in the Contract Documents, per Exhibit .A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT' FOR 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 applicable, 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 health and safety. 6. INSPECTION BY THE CITY_ CON']'RACTOR shall at all times maintain proper facilities and provide safe access for inspection b~/ CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work 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 CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and Specifications or the Contract Documents, CITY shall 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 extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, anti 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 valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during th~~ 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 awarded 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 the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by 2 reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 1 O. 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 the 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 i:n transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or b}~ delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents.. 1 1. INSPECTION AND TESTING OF MATE.RIALS_ CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, I~roduction or testing of materials to b~e 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 assignment 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 provisi~~ns 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 (1 O) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTR~~CTOR' 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) days from the date of the serving of such notice, CITY may take over the work and prose~~ute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall 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 therefore. 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 compl<~tion 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 urider 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 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 ~~f 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 therE:of 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 CONTR7~CTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S dul~/ authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to, JJR Construction, 1120 hTinth Avenue, San Mateo, CA 94402, postage prepaid and certified; and (c) if notice 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 may 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 sha] 1 be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution 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 kite of the project. In case any work is sublet, CONTRACTOR shall require any and all s~~bcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are 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 of Section 3700 of the Labor Code which requires every employer to be insured against lial^~ility for worker's compensation or to undertake 4 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." 18. ACCIDENT PREVENTION. Precaution shall 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 Iridustrial 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 insurance 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. CONTRACTOR 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 which is the subject of this Contract, unless a lesser quality is expressly auth~~rized 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. 5 P.O. No.C~~ ~~ ~n~ 21. DEFERRED ALTERNATE SELECTIGN. 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. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO: By`~~ ~-~f/l- u ~~ Ralph A. Qualls, Jr. Director of Public Works Attest: C City Clerk Date: (~~ ~ , 20 C)~ City Clerk CONTRACTOR: ~~~~~~~r By~~~'~I ~ G S ~": Notary 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 # Federal Tax I.D. # APPROVED AS TO FORM: City Attorney Contractor's License No. ~ ~ ~ ~ C~ _~~ Project Name aSc Number: Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2008-02 Contractor's Name 8z Address: JJR Construction 1120 Ninth Ave San Mateo, CA 94402 Contract Amount: $546,900.00 Account Numbers: 270-9451-9300 - $508,400.00 %~ ~ ~,`.~ 270-9450-9300 - $38,500.0 ~" ( ~ ~ File No: 50,345 6 CALIFORNIA ALL-PURPOSE ACKNO\NLE~GMENT State of California County of ~Q-~1 ~G1 C ~Gt~(~,/~, I t ^` On Tv.1G~-lit 1 f~~~ before me, {~L('L~l~1~t~~1C~ +-~jl.t~'~] ~~'~Cy} ~t,l~r~/l IC. Date Here Insert Name antl Title of a Officer personally appeared ~~ ~7"~ ~ Cl ~ ~~ ame(s) of Signer(s) r KIIREM com.r.rw,a~ ts~assv _ Noby tn~c - CaMornb •alrra Cbo Gciuf/y My Comm ~'« 4lov 9. Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personkaj~whose name(~'is/~,r~subscribed to the within instrument and acknowledged to me that he/ski executed the same in his/`~-.~,~ authorized capacity(, and that by his/#3e,xLt+aair signature(s}on the instrument the person(s}; or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITfJESS my hand and official seal. Signature c ;~.~~O~y7 Signature of Notary Public OPT/ON~1 L Though fhe information be/ow is not required by law, it may pfove valuab/e to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ' l ~t~" Title or Type of Doc/u~m e~ nt: ~y,.Ul~l-7~~~ '~$~l~_ ~(,,~(,~, IG ~l.lU~q~ c Document Date: TV~S~Lt`~1 1 } ~~~ `J Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: figner's Name: D Individual C7 Individual O Corporate Officer -Title(s): f 7 Corporate Officer -Title(s): D Partner - D Limited O General _ C7 Partner - 0 Limited 0 General _ _ CJ Attorney in Fact • - C7 Attorney in Fact Cl Trustee Top of thumb here i_] TfUStee Top of thumb here O Guardian or Conservator C] Guardian or Conservator O Other: LJ Other. Signer Is Representing: £>igner Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNOtary org Item 115907 Reortl¢r. Call Toll-Free 1-BOO-H]6-6H27 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~~~ii~~~~~~ Pages 3 Fees.... ~ No Fees Taxes... Copies.. AMT PAID REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of city RDE # 005 1/09/2009 201 PM ," ~ (SPACE ABOVE THIS LINE FOR RECORDER'S USE) P )^ t . iH" NO FEE IN ACCORDANCE . a ~~ ~ ~ WITH GOV. CODE 6103 (1` ~~~'~ CERTIFICATE Ol? COMPLETION AND NOTICE OF ACCEPTArdCE OF COMPLETION RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS PROJECT r10 2008-02 Original O For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 CUPERTINO PUBLIC WORKS DEPARTMENT CERTIFICATE OI~ COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS PROJECT 1\f0.2008-02 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~itract which was entered into, by, and between the City of Cupertino and J.J.R. Construction, on August 7, 2008, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered on December 16, 2008. 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. '-~..,~ c.~C~c ~c l~ Director of Public Works and City Engineer of the City of Cupertino Date: December 23, 2008 "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 on the 5`'' day of January 2009 at Cupertino, California. Julia ~ st City Clerk's Office City of Cupertino