09-133 Saviano Co 2009 Tennis Court Re-Surfacing Project No. 2009-07Project No. 2009-07
DOCUN173NT 0020
CONTRACT
THIS CONTRACT, dated this 16 day of Sente;nber, 2009 , by and between Saviano Company, Inc. whose
place of business is located at 1020 Terra Bella Avenue, Mountain View, Califonia 94043("Contractor"), and the CITY
OF CUPERTINO, a Municipal Corporation of the State of {~alifonua ("City") acting ~mder and by virtue of the authority
vested in the City by the laws of the State of Califonua.
WHEREAS, City, on the 16 day of September, 2009 awarded to Contractor the following Project:
PROJECT NUMBER 2009-07
2009 TENNIS COURT RI?-SURFACING PROJECT
NOW, THEREFORE, in consideration of the muhi~l covenants hereinafter set forth, Contractor and City agree
as follo~vs:
Article 1. Worl.
1.1 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. Agency and Notices to City
2.1 City has designated Roger Lee, Assistant Director of Public Works 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 Doctmients. City may change the in3ividual(s) acting as City's Authorized Representative(s), or
delegate one or more specific fimctions 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 beneficiary of all Contractor obligations to City,
including without limitation, all releases and indemnities.
2.2 All npticec nr dPip~nrlc ro City under the Contract Documents shall be to City's Authorized Representative at:
1055 Mary Avenue, Cupertino, California 9014 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 Tune.
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 after the Notice of Award. Contractor shall not do any Work at
the Site prior to the date on which the Contract Time commences to nm.
Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance
with Section 00700 (General Conditions) by Octobf;r 23, 2009.
3.2 Liquidated Damages.
City and Contractor recognize that tune is of the essence of this Contract and that City will suffer f nancial loss
in the form of contract z~liwinistration expenses (su;,h as project management and consultant elrpenses), if all or
any part of the Work is not completed within the times specified above, plus any ea~tensions thereof allowed in
accordance with the Contract Documents. Consistent. with Document 00700 (General Conditions), Contractor
Ciry of Cupertino Ou~20 - h Contract
2009 Tennis Court Re-Surfacing Project
Project No. 2009-07
and City agree that because of the nattue of the Project, it would be impractical or e~-tremely difficult to fis the
amount of achial dunages inctured by City because of a delay in completion of all or any part of the Work.
Accordingly, City and Contractor agree that as hgttidated dvnages for delay Contractor shall pay City:
3.2.1 $1,00 for each Calendar Day that expires after the time specified herein for Contractor to achieve
Final Completion of the entire Work as specified above.
Ligtidated damages shall apply c~in3ulatively and, except as provided below, shall be presumed to be the
damages suffered by City resulting from delay in completion of the Work.
Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies,
may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered
species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species
protection requirements.
3.3 Ligtidated damages for delay shall only cover adnunistrative, 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 substihrte 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 =t. Contract Sum
X1.1 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 ~. Contractor's Representations
In order to induce City to enter into this Contract, Contractor makes the following representations and warranties:
~.l Contractor has visited the Site and has exunined thoroughly and tmderstood the nature and extent of the
Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and
federal, state and local laws and regulations that in any manner may affect cost, progress, perfonnznce or
fiirnishing of Work o. •az'.~:rh. relate to any aspe:,t of the ~..eans, methods, techmques, sequences or pr;,cedures of
construction to be employed by Contractor and safety precautions and progranis incident thereto.
~.2 Contractor has eY~unined thoroughly and tmderstood 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 Undergrotmd Facilities, which are identified in Document 00320 (Geotecluucal
Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor
accepts the determination set forth ul these Documents and Document 00700 (General Conditions) of the
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 identified, Contractor does not ~u1d shall not rely on any
other in_formation ccnt,4;r,Prt ;n ct,ch reports and drawings.
~.3 Contractor has conducted or obtained and has tmderstood all such examnations, investigations, explorations,
tests, reports and shidies (in addition to or to supplement those referred to in Section ~.2 of this Document
0020) that pertain to the subsurface conditions, as-built conditions, tmdergrotmd facilities, and all other
physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or
fiirnislung of Work, as Contractor considers necessary for the performance or fiirnislting of Work at the Contract
Sum, within the Cenuaet Time and in accordance with the other terms and conditions of the Contract
Documents, inchidulg specifically the provisions of Document 00700 (General Conditions); and no additional
examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be
required by Contractor for such pturposes.
City of Cupertino 0020 - 2 Contract
2009 Tennis Court Re-Surfacing Project
Project No. 2009-07
~.~ Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,
explorations, tests, reports and shidies with the teens and conditions of the Contract Documents.
~.~ 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 achial conditions and the written
resohrtion thereof through Addenda issued by City is acceptable to Contractor.
5.6 Contractor is duly organized, existing and in good standing tinder 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 instnunent, contract, order or decree binding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Lavv, California Public Contracting
Code §4100 et seq. in document 003=10 (Subcontractors List)
Article 6. Contract Documents
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications
thereto:
Docurnent 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00460 Schedule of Major Equipment and Materials Suppliers
Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00505 Notice of Intent to Avvard
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Docmnent 00550 Notice to Proceed
Document 00610 Constriction Perfornrance Bond
Document 00620 Constriction Labor and Material Payment Bond
Docimient 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Fonn
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00821 Insurance
Document 00822 Apprenticeship Program
Document 00850 Technical Specification
Attaclunent A
Attaclunent B
Addenda(s)
Drawings/Plans
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Doctmient 00320
(Geoteclmical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied
therein, are not Contract Documents. The Contract Documents may only be amended, modified or
supplemented as provided in Document 00704 (Ge;neral Conditions).
City of Cupertino 00520 - 3 Contract
2009 TerL.:s Court Re-Su~ac.ng Prc3ect
Project No. 2009-07
Article 7. Miscellaneous
7.1 Terms used in this Contract are defined in Document 00700 (Gener'tl Conditions) and will have the me'tning
indicated therein.
7.2 It is understood and agreed Shat in no instance are flue persons signing this Contract for or on behah' of City cr
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 fiirther understood and agreed that
liability of the City is limited and confined to such liability as authorized or imposed 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 oi~iy in compliance with the Stincontractor Listing La«~, California Public Contracting
Code §4100 et seq.
7.4 The Contract Sinn inri„~1Pc .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 (li U.S.C. § 1~) 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 ptu'suvlt to the public works
c:,.^.tract 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 wages 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 file at City's office, or may be obtained of the State of
California web site http://vv~wv.dir.ca.gov/DLSR/PWD/Northern.httnl and shall be made available to any
interested pzrty 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 tmdertake self-insurance in accordance with the provisions of that Code, and
Contractor shall rnrtt~ly 4~'itlt c~ch prnyicinnc b?fOre cnmmenrl_ng the perfpnn~nce of the ~1VOrk of the f nntraCt
Documents.
7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document regtured
herein or therein to be executed or delivered, be declared invalid, void or tmenforceable, all rem2ining p~u-ts,
terms and provisions shall remain in fiill 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
vr'~u ved, ihe`~' are iier~°v~y 'v'r['u`v id iv iiie ei~u uiui uu~ wiiira~t aiid uii. wiw a~.i Dv~.iiiiielii~ ii~u)' b~. de~.llled `v'alid
and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable
law. In the event any provision not othervise included in the Contract Documents is required to be included by
ury 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 Contract 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 respects by California law (excluding choice of law rules). The
exclusive venue for all disputes or litigation heretmder shall be in Santa Clara Cotmty. Both parties hereby
waive their rights „ndpr (-'~l;fornia 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 tinder the California Govermnent Code, Title 1, Division
3.6, Part 3, Chapter 5.
7.9 Contractor and all subcontractors shall comply with the Uiufonn Adnunistrative Requirements for State and
Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition, the
Contractor agrees to comply with the cost principles and procedures set forth in Office of Management and
City of Cupertino 0020 - 4 Contract
2009 Temms Court Re-Surfacing Project
Project No. 2009-07
IN WITNESS WHEREOF the parties have eXecuted tlus Contract in quadniplicate the day and year first above written.
2009 TENNIS COURT RE-SURFACING PROJECT
CITY:
CITY OF CUPERTL~IO, a ~~~icipal Corl~oratio{t o'€ t'I~.
State of California
Attest:
Approved as to form by City Attorney:
~ ~ ~,~_
City A rney:
I hereby certify, trader penalty of perjtuy, that David W.
Knapp, City Manager of the City of Cupertino was duly
authorized to execute this document on behalf of the City of
Cupertino by a majority vote of the City Council on:
Dated: ~ `~ ' ~ Z • ~ ~
cc,~.1 t c.J ~/
David W. Knapp, City Manager of the City of Cupertino, a
Municipal Corporation of the State of California
Designated Representative:
Naive: Roger S. Lee
Title: Assistant Director of Public Works
Address: 10555 Mary Ave., Cupertino, CA 95014
Phone: 408-777-3269
Facsimile: 408-777-3399
AMOUNT: $
ACCOUN'T' 1`ti7l~?BERS: 570-9230-9300
FILE NO.:
C~'1«° ~m.~-
[If Corporation: Chairman ,President, or Vice President]
By:
[Signahlre]
[Please print name here]
Title:
jIf Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
~~~~~~ ~
State Contractor's License No, Classification
2-2 ~ -- 1~
Expiration Date
Taxpayer ID No. ~~ 7~ G ~~ 5~~~~
Name: E(1 C- ~~~:,~$
Tifle: ~~ft,~"" ~r~:~,-r
Address: ~l •`-~ ~-~~- ~f~~ ~ ~~
p, j T
Phone: 1 ~L ~ ~ 3 ~~.~
Facsimile: c~47 - ~ ~~ L
NOTARY ACKNOWLEDGEMENT IS REQUIRED. IF A
CORPORATION, CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDGEMENT AND FEDERAL TAX ID
ARE REQUIRED. IF NOT A CORPORATION SOCIAL
SECURITY' NO. IS REQUIRED
END OF DOCUMENT
City of Cupertino 00520 - 6 Contract
2009 Temus Court Re-Surfacing Project
~~,~,
[Please print nam sere]
City Clerk: Kimberly i
rOjNIntytiM r4;
Jeer t i +
i',01 been e'F;ii i,;)ti: G;r,G,r"t.Y�.
RECORDING REQUESTED BY ANTA CLf1RA COUNTY CLERK- RECORDER
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office Do 20998 59 10:43 AM
City of Cupertino 12/09/2010
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
2009 TENNIS COURT RE- SURFACING PROJECT
PROJECT NUMBER 2009 -07
at Original
0 For Fast Endorsement
rtA
City Hall
10300 Torre Avenue
Cupertino, CA 95014 -3255
///' 51 19s
(408) 777 -3354
CUPERTINO
PUBLIC WORKS DEPARTMENT
CERTIFICATE 0" COMPLETION
AID "D
NOTICE OF ACCEPTANCE OF COMPLETION
2009 TENNIS COURT RE- SURFACING PROJECT
PROJECT NUMBER 2009 -07
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
Saviano Company, Inc., October 12, 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
November 1, 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.
Director of Public Works and
City Engineer of the City of Cupertino
Date: November 4, 2010
DOCUMENT: 20995712 Pages: 3
RECORDING REQUESTED BY
H1111111 Fees .... No Fees
Taxes..
City of Cupertino i Copies . .
AMT PAID
WHEN RECORDED MAIL TO -
REGINA ALCOMENDRAS RDE # 007
City Clerk's Office SANTA CLARA COUNTY RECORDER 12/08/2010
City of Cupertino Recorded at the request of 10.05 AM
10300 Torre Avenue City
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
2009 TENNIS COURT RE- SURFACING PROJECT
PROJECT NUMBER 2009 -07
1 Cif
ie _ E ,- ( // 16--
S Original
O For Fast Endorsement
`� //
City Hall
10300 Torre Avenue
Cupertino, CA 95014 -3255
/ ST. I9s
(408) 777 -3354
CUPERTINO
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
2009 TENNIS COURT RE- SURFACING PROJECT
PROJECT NUMBER 2009 -07
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
Saviano Company, Inc., October 12, 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
November 1, 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.
Cc u C.V
Director of Public Works and
City Engineer of the City of Cupertino
Date: November 4, 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 on the 7 day of December 2010 at Cupertino, California.
Kirsten Squarcia
City Clerk's Office
City of Cupertino