08-090 G. Bortolotto & Co., Inc. L_ CONTRACT FOR PUBLIC (WORKS p
b This CONTRACT made on aC~tS+' ~~-t E a~ p by the CITY OF
J ~a UPERTINO, a municipal corporation of the Sl.Jate of California, hereinafter called CITY, and
\r/~ G. BORTOLOTTO 8r COMPANY, INC., hereinafter called CONTRACTOR.
IT IS 1=IEREBY AGREED by CITY and CONTRACTOR as follows:
1. TAE 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 LOCAL S:l'REETS PAVEMENT MANAGEMENT 2,
PROJECT NO. 2008-OS
d. Faithful Performance Bond and Payment Bond.
e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance,
Additional Insured Endorsement, Endorseme~zt 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 e:Kecuted the same as if mentioned in all of said
documents. The documents comprising the comllete 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 flans and Specifications shall prevail.
2. TFi1J 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 overlaying City strecas, 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, LOCAL STREETS
PAVEMENT MANAGEMENT 2, PROJECT NO. 2008-OS and which Plans and Specifications
are identified by 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 complcaed 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.
Contract Pzge 1 of 6
3. CONTRACT PRICE. CITY agrees to pa:y, and CONTRACTOR agrees to accept, in full
payment for the work above agreed to be done, the sum of $ I,343,20I.39 (One Million, Three
Hundred Forty-Three Thousand, Two Hundred' One Dollars and Thirty-Nine Cents) subject to
additions and/or deductions as provided in the Contract Documents, per Exhibit A attached
hereto.
4. DISPUTES PERTAINING TO PAYMEN']C 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 e~isements 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'T'RACTOR shall at all times maintain proper
facilities and provide safe access for inspectior.~ by 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 CONTRI~CTOR'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, 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 valid unless so ordered.
8. CHANGES TO MEET ENVII20NMENT~'~L 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 environme;ntal 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. TERNIINATION, AMENDMENT OR MODIFICATION. This Contract may be
terminated, amended or modified, with the muizzal consent of the parties. The compensation
payable, if any, for such termination, amendment or modification, •shall be determined either by
Corrtrad Page 2 of 6
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 in transportation, unavoidable casualties or any
causes beyond CONTRACTOR'S control, or by 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.
11. INSPECTION AND TESTING OF MATT;RTAT.S. 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. TERl~~~TATION FOR BREACH OR Ih~SOLVENCY. If CONTRACTOR should be
adjudged a banlmipt, or should make a general assignment for the benefit of creditors, or if a
receiver should be appointed on account oil 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 ~~f 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 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 (.SO) days from the date of the serving of such
notice, CITY may 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 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 therefor.
13. THE CITY'S RIGHT TO WITHIICILD CERTAIN AMOUNTS AND M~1)ECE
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 ~^ONTRACTOR 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 furrtished 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,
Contract P:3ge 3 of 6
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 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; C7TPERTINO, CA 95014; postage prepaid and
certified; (b) if the notice is given to CONTRf~CTOR, either by personal delivery thereof to
CONTRACTOR, or to CONT`RACTOR'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. BORTOLOTTO 8c COMPANY, INC, 582 BRAGATO ROAD, SAN
CARLOS, CA 94070-6227, 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. COMPLL4NCE 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 CONTRACTOR'S responsibility to prove
equality of any such material, process or article offered as a substitution to the one(s) specified.
17. WORI~R'S COMPENSATION INSURANCE AND EMPLOYER'S LL~BIL.ITY
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 are covered by the protection afforded to the CONTRACTOR.
In signing this Contract CONTRACTOR makes t_he following certification, required by Section
1861 of the Labor Code: "I am awaze of the provisions of Section 3700 of the Labor Code
which requires every employer to be insured ag~iinst 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 Pac7e 4 of 6
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 a~~cordance with the safety provisions of the
Construction and Safety Orders issued by the I~idustrial 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 an}~ 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 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.
Contract Page 5 of 6
P.O.No.I/~~,~h(l9/
21. DEFERRED ALTERNATE SELECTIOa~T. 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 a;xecuted this Contract, in duplicate, the day and
year first hereinabove written.
CITY OF CU,,P//E~~R/TIN~O~ J CONTRACTOR:
By[ /~I L.~Gw` G. Bortolotto & Co~. , Inc .
Ralph A. Qualls, Jr. , ; ~ t
Director of Public works By:Robert Bortolotto, President
Attest: Notary acknowledgment is required. Tf a
City Cle corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
Date: ~ 20 d I.D. aze required. If not a corporation a
, ~ Social Security No. is required.
City Clerk
Social Security # Federal Tax I.D. #
APPROVED AST FORM: '
~ Contractor's License No. 3 9 7 3 4 1 A
City Attorney
Project Name 8t Number: LOCAL STREETS PAVEMENT MANAGEMENT 2, PROJECT
NO. 2008-OS v~
~j ~ /
Contractor's Name 8~ Address: VVVVVV
G. BORTOLOTTO 8c COMPANY, Ilvc. ENTERED
582 BRAGATO ROAD
SAN CARLOS, CA 94070-6227
Contract Amount: $ I,343.20L39
Account Number: 270-9450-9300
File No: 98,493.85
Contract Page 6 of 6
ACKNOWLE3DGMENT
State of Califomia
County of Santa Clara
On August 8, 2008 before me,P~ltricia Ellis, Notary Public
(insert name and title. of the officer)
personalty appeared Robert Bortolotto .
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(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) acted, executed the instrument_
1 certify under PENALTY OF PERJURY under th~~ laws of the State of Califomia that the foregoing
paragraph is true and comect_
WITNESS m hand and OffiClal Seal. ~r~u~nueoerue~orou6uouaaneeiurc~~
v = PATRICIA ELLIS
M COMM. NO. 7670328M
R ~ ~ ~ NOTARY PUBLIC -CALIFORNIA S
_ / - S SANTA CLARA COUNTY ~
Si nature ~ Seal o COMM, EXPIRES JUNE 74, 2010
9 ( ) lrsoar~ o~nn~a~essorwo~erc~rrur~r~oeu~!
DOCUMENT: 20111369 Pages 3
RECORDING REQUESTED BY
Fees.... * No Fees
City of Cupertino I Copees . .
AMT PAID
WHEN RECORDED MAIL TO
REGINA ALCOMENDRAS RDE # 006
City Clerk's Office SANTA CLARA COUNTY RECORDER 1 /27/2009
City of Cupertino Recorded at the request of 1 1 49 AM
10300 Torre Avenue C i t y
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
CERTIFICATE O:F COMPLETION
AI~fD
NOTICE OF ACCEPTAr1CE OF COMPLETION
LOCAL STREETS PAVEPvIENT MANAGEMENT 2
PROJECT 1`10.2008-05
b`~
°G~ Original
O For Fast Endorsement
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
CUPERTINO
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTA]vCE OF COMPLETION
LOCAL STREETS PAVEIVIENT MANAGEMENT 2
PROJECT 1'v0.2008-OS
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 G. Bortolotto & Company, Inc. on August 14, 2008, in accordance
with the plans and specifications for said work, have been completed to my satisfaction and
acceptance of completion was ordered on January 12, 2009. 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 flans and specifications for said project.
Director of Public Works and
City Engineer of the City of Cupertino
Date: January 14, 2009
"NO ]F'EE"
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 20`'' day of January 2009 at (~upertino, California.
Julia Kinst
City Clerk's Office
City of Cupertino