05-055, Sposeto Engineering CONTRACT FOR PUBLIC WORKS
This CONTRACT made on S~ ~ ~ ~ a OU 5 by the CITY OF
CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and
Sposeto Engineering, Inc. hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. 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, Subcontractors Form and Signature Form.
b. Statement of Qualifications
c. Standard Specifications, General Provisions, Special Provisions and Technical Provisions.
d. Specifications for Poppy Way Improvements, Project No. 2005-03
e. Faithful Performance Bond and Payment Bond.
f. 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, 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 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 installing safe routes to school improvements, 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 Specifications are entitled, respectively, Poppy Way
Improvements, Project No. 2005-03 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 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.
1
3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full
payment for the work above agreed to be done, the sum of $ 69,691.00 (Sixty-nine thousand
six hundred and ninety-one dollars and no cents) 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. 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 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, 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 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 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.
2
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
reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with
the agreement of the parties.
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 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 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 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 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) 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 maybe 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
3
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 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 John P. Sposeto, 4301 Bettencourt Way, Union City, CA 94587, 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 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. 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 latter's employees unless such
employees are covered by the protection afforded to the CONTRACTOR.
4
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 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."
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 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 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 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 the time period specified in the
technical provision from 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.
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.
1N WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and
year first hereinabove written.
CITY OF CUPERTINO: CONTRACTOR:
By: ~ lg~ ~S S G NC.
avid Knapp ~
City Manager JOHN P. S TO oICE-PRESIDENT
Attest: , Notary acknowledgment is required. If a
City Cl corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
I.D. are required. If not a corporation a
Date: ~ , 20 ~J Social Security No. is required.
ity Clerk
Social Security # Federal Tax I.D: #
APPROVED AS TO FORM: ~
Contractor's License No. 310292
it
City Attorney
Project Name & Number: Poppy Way Improvements, Project No. 2005-03
Contractor's Name & Address: Sposeto Engineering, Inc.
4301 Bettencourt Way
Union City, CA 94587
Contract Amount: $ 69,691.00
Account Number: 270-8403-7014
File No: 98,535
6
E~~]C~IBIT x
BID PROPOSAL
POPPY WAYIMPROVEMENTS, PROJECT 2005-03
TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the plans and specifications furnished for the work of the POPPY WAY
IMPROVEMENTS, PROJECT 2005-03 for the City of Cupertino, the undersigned, hereby
declare that I have read the proposal requirement, visited the sites, and examined the
specifications. I, the undersigned, hereby propose to do all work required to complete the work
in accordance with the plans and specifications for the prices set forth in the following schedule.
I further understand that said prices include all costs including, but not limited to, local, state and
federal taxes, and transportation costs.
Bidders shall complete the entire Statement of Qualifccation and submit it with the bid
proposal documents. Failure to complete the questionnaire or inclusion of any false
statement(s) shall be grounds for immediate disqualification.
I, the undersigned, also understand .that the quantities shown below are estimates only, being
given as a basis for comparison of bids. The City of Cupertino does not state that the actual
amount of work will correspond but reserves the right to increase or decrease the amount of any
class or portion of the work or to omit items or portions of work deemed unnecessary by the
Engineer.
The City of Cupertino reserves the right to unilaterally determine and award the contract to any
qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive
any irregularities in the procedures.
The work to be done consists of furnishing all labor, methods of process, tools, machinery and
material required to complete the POPPY WAY IMPROVEMENTS, PROJECT 2005-03 as
described in the Special Provisions.
I, the undersigned, shall diligently prosecute the work to completion as scheduled. I further
understand that I shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars
($150.00) per day, for each and every day services are not completed as scheduled and/or
specified.
In the event of discrepancies between the written -unit price and the numerical unit price, the
written price shall govern.
Bid Proposal Page 1 of 8
~T A
Bid Est.Qty. Unit
Item Unit Item Price Total
1. 1 LS. 1 obilization
PerL'.
2. 1 LS. ear & rub ~ ' L l ~
1~'l N $ lf~fJ /LS. $ ~ ~2~
u~ ~ ~ mac.
3. 222 L.F. Install Concrete Cur & Gutter 2~
(T -6) $ ~ I ' ~ /L.F. $ ~`T ICJ
~r J.b//
Per L. .
4. 843 S.F. 11 Con e Sidewalk ~
Per S.F.
5. 450 S.F. Install Concrete Driveway Apron '~U
Side lk $ / /S.F. $ ~
~~~~i,~~ ~ erg
Per S.F.
6. 35 Tons Instal Asp alt Co~~rete (T e A ~/j~,, n
v~ vv/j $ ~ ~ Y/, ~ /Ton $ ~i `"1 ~Q.
Per Ton
7. 88 C.Y. Ins all Clas~2 Ag ~/te Base $
c3 ~JC~ ~ ~ /C.Y $ ~ r
Per C.
8. 1 L.S. stall op Soil
Per L.S.
9. 2 EACH / elol ater 7 te~~ J"'ys~ Lf. q n
Per EACH
10. 1 L.S. affic ontrol
u~~/ $ Z UO, ~ /L.s. $ vO.
Per L.S.
11. 1 L.S.. elocate rainage Inlet~,,..
P L.S
TOTAL BID $ q-
~Y
G~tL,
Bid Proposal Page 2 of 8
IT A
I, the undersigned, agree that if this proposal is accepted, I will enter into a contract with the City
of Cupertino to provide all necessary machinery, tools, apparatus, and -other means of
construction and to do all the work specified in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without connection with any person, firm, or
corporation making a bid for the same work, and is in all respects fair, and without collusion or
fraud.
I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will
reserve the right to establish the priority of one job over another and each starting date where
conflict of construction schedules occur.
r
Attached hereto is the required certified check or id bond i the amount of $ 4 , as
required bylaw and the Notice to Bidders. (10% o ount)
Bid Proposal Page 3 of 8
EXHIBIT A
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
I, the~un~dersigned, being first duly sworn, depose and say that I am
" (tom.--g of ~A~-ICI-C~cy:'~
(Business Title) (Business Name) z--
the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation. The bid is
genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract. All statements contained in the bid are true and,
further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown
thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company, association, organization, bid depository,
or to any member or agent thereof to effectuate a collusive or sham bid.
Bid Proposal Page 4 of 8
~~~IBIT A
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, I, the undersigned, submit the following
statements as to my experience and qualifications to perform this work as a part of this proposal.
We have been in business under the present name for 3U years.
Our experience in work comparable with that required by the proposal contract is .~c~
years operating under the following different name(s).
My California Contractor's License Number is ~ 1 ~ Zct'L
The classification of my Contractor's License is ~ - $
The expiration date for my Contractor's License is Q 3/ / ZoO~
* (This Section for City use only)
* The above information has been verified by ~)~(SC'k'~ e
on i1A`I~ ?>1 .
* Contractors State License Board (800) 321-2752 or (408) 277-1244.
Where federal funds are involved, no bid submitted shall be invalidated by the failure of the
bidder to be licensed in accordance with the laws of the State of California, however, at the time
the contract is awarded the contractor shall be properly licensed.
Bid Proposal Page 5 of 8
EXHIBIT A
SUBCONTRACTOR'S FORM
The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California
Business and Professions Code, that I propose to hire to perform any of the work for this project
in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. Only
those listed below shall perform work on this project and each of them has been provided with a
full and complete set of plans and specifications for this project by the bidder.
1. Name~p,~~^12~-~ Contractor's License No.
Address & phone no. ~ 8
Work to be Performed lCt.---w~c~?-~.a.~
2. Name Contractor's License No.
Address & phone no.
Work to be performed
3. Name Contractor's License No.
Address & phone no.
Work to be performed
4. Name Contractor's License No.
Address & phone no. -
Work to be performed
5. Name Contractor's License No.
Address & phone no,
Work to be performed
6. Name Contractor's License No.
Address & phone no.
Work to be performed
Bid Proposal Page 7 of 8
E~]~IBIT A
BIDDER'S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-
PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL
INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A
CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES
OF THE PRESIDENT, SECRETARY-TREASURER, AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS
ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF _ NAME OF
BUSINESS tV`'~' BUSINESS ~~~~-Cr-0~~E~21~. c~,~
I
CORPORATION: ~C~
CO-PARTNERSHIP:
INDIVIDUAL'
JOINT VENTURE:
OTHER:
(Describe)
Name and Signature of Bidder: ~ ~ = ~v
(Print o e name)
Date: ds'~,S 1 - D~
Address (mailing & location): ~UZJK ~~I/~-
Telephone Number: ~ ~ ~ ~ ~ ~ 2'
f 2~
Acknowledgment of all addenda received is required by circling each addendum number.
1 2 3 4 5 6 7 8 9 10
Bid Proposal Page 8 of 8
C1~L[FORNtA ALLPUpPOSE ACxNOWL~DGMENT
State of CALIFORNIA _
County of ALAMEDA
Qn ~ before me, JANICE R. SPOSETO, NOTARY PUBLIC
p/a7E t1AAAE. TRLE OF CFriC FA • EO- 1A7JG OOEi ~107~.RV aUBUC
personally appeared JoxN P. SPOSETO
"N~.yE I S1 91n++£3V 91
- ~ personally known to me - OR - ?.prDVed to- rile .on~the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged 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.
~~Ilr,unlnnilliluuulmull~umm~lnnunul~
JANICE R. SPOSETO = _
~ COMM. NO. 1320225 ~ WITNESS m hand and official-seal.
~ NOTARY PUBLIC -CALIFORNIA ~ y
~ ALAMBbA COUNTY
My comm. ~xplres Sept. 08, 200b
RIIIItAilnl~lll~Ilruluunnneunllunllunuunl
RrUR! OF M7TARY
OPTIONAL
Though tha data below is not required lry law, it t7,ay prove valuable to persons retying ort the docum®nt and could prevent -
Iraudulent reart8chment of Ihie form - -
CAPACffYCLAIMED BY SIGNER DESCRIP710N QF ATTACHED DOCUMENT
Ct?]] INDIVIDUAL '
g1g -CORPORATE OFFICER -
VICE PRESIDENT TITLE OR TYPE OF DOCUMENT
ttn uat
? PARTNEF(S) ? LIMfTED
? GENERa~
? ATTORNEY-IN-FACT ~dil6i8EFl OF °AOES
? GUARDIANIGONSERVATOR
? OTN ER:
OATS OF DOCUMENT
SIG~tER IS REPRE6ENTTNG:
µ:+:e OF :-i R3dKSi OR EPI7TT70[Gr ~ -
SPOSETO ENGINEERING, INC. SIGNER(S) OTHER THAtV NAMED ABgVE
CALIFORNIA ALL-PURPOSE ACI:NOWLEDGMENT
State of CALIFORNIA
County of ALAMEDA
CUn JUNE 13, 2005 before me, JANICE R. SPOSETO, NOTARY PUBLIC
Cale Name and Title of Officer (e.q.. "Jane Doe. Notary Public')
personally appeared _ JOHN P. SPOSETO
personally known to me - OR - (J 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 Thal he/she/They
I~~~~Ili.~~~~~~~""~~JANICE R.ISPOSETO 1111111 executed the same in his/her/their authorized capacily(ies),
~ ~ COMM. NO. 1320225 = and that by his/her/their signature(s) on the instrument the
¢ NOTARY PUBLIC -CALIFORNIA ~ person(s), or the entity upon behalf of which the person(s)
ALAMEDA COUNTY ro acted, executed the instrument.
m- My comm. expires Sept. 08, 2005
!IIIIIIIIIIgI11g1111iIR[~l11111111111111111111111111111111
- - WITNESS my hand and official seal. -
- _2
Signature of ola Public
______________________________________=OPTIONAL=====________=____________________________
Though the information below is not required by law, iI may prove valuable to persons relying en the document and could prevent fraudulent removal
and reattachment of Ihis form to another document. - - _
Description of Attached Document
Title or Type of Document: CITY OF CUPERTINO - .POPPY WAY IMPROVII~ENTS
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity ties) Claimed by-Signer(s) - ~ - _
Signer's Name: Signer's Name:
[ J Individual [ ] Individual
[~orporate Officer (J Corporate Officer
Title(s): VICE-PRESIDENT Title(s):
Partner - [ ]Limited General Partner - Limited [ ] General
Attorney-in-Fact [ ] Attorney-in-Fact
[ ] Trustee RIGHT THUMBPRINT [ ] Trustee RIGHT 1HUMBPRINT
OF SIGNER OF SIGNER
[ ] Guardian or Conservator [ ] Guardian or Conservator
Other. Top ul IhumO here r 1 Qther: Top of mumD here
Signer is Representing: Signer is Representing:
SPOSETO ENGINEERING, INC.
C~,LIFORNIA ALL-PURPOSE AC6:NOWLEDGMENT
State of OALIFORNIA
County of ALAMEDA
C)n JUNE- 13, 2005 before me, JANICE R. SPOSETO, NOTARY PUBLIC
Cale Name and Title of Officer (e.g.. "Jane Doe. Notary Public-) -
personally appeared _ JOHN P. SPOSETO
personally known to me - OR - 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 Thal he/she/they
IIIIIfiiliiiiiiiiiiiiiiliiiliiillililili11111111111111118 executed the same in his/her/their authorized capacily(ies),
JANICE R. SPOSETO - and that b his/her/their si natures on the instrument the
~ COMM. NO. 1320225 = y g ( )
NOTARY PUBLIC -CALIFORNIA ~ person(s), or the entity upon behalf of which the person(s)
ALAMEDA COUNTY ro acted, executed the instrument.
My comm. expires Sept. 08, 2005
!tlllllllllllll>I111111111111111111111111111111111111111111
- - WITNESS my hand an cial seal. -
Signature of Not ry Pu tic
_______=______________________________=OPTIONAL=====________=____________________________
Though the information below is not required by law, it may prove valuable to persons relying en the document and could prevent fraudulent removal
and reattachment of this form to another document. - - _
Description of Attached Document
Title or Type of Document: CITY OF CUPERTINO - .POPPY WAY IMPROVEMENTS
Document Date: Number of Pages:
Signer(s) Olhsr Than Named Above:
Capacity(ies) Claimed by-Signer(s) - ~ - _
Signer's Name: Signer's Name:
[)Individual [ ] Individual
[~orporale Officer Corporate OKcer
Title(s): VICE-PRESIDENT Title(s):
[ ] Partner - (]Limited [ J General [ ] Partner - Limited [ ] General
[ ] Attorney-in-Fact Attorney-in-Fact
[ ] Trustee RIGHT THUMBPRINT [ ] Trustee RIGHT THUMBPRINT
OF SIGNER OF SIGNER
[ ] Guardian or Conservator [ ] Guardian or Conservator
[ I Other: lop vl thumb Here [ ] Other: lop of mumn Here
Signer is Representing: Signer is Representing:
SPOSETO ENGINEERING, INC.
• DOCUMENT: 18840574 Pages 3
j ees - (~!o Fees
RECORDING RE UESTED BY i I I II I III II I I I I III Taxes . .
Q
~I I ~ ~I ~ I~
~L , ~ I, ~ i ~ I I Copies .
City of Cupertino AMT PA I D
WHEN RECORDED MAIL TO BRENDA DAV I S RDE # 9a3
SANTA CLARA COUNTY RECORDER 3/13/2G0o
Recorded art the request of 924 AM
City Clerk's Office C ; ±y
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 6103
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
POPPY WAY IMPROVEMENTS
PROJECT NO.2005-03
F.,~'~~
n
if
Original
O For Fast Endorsement
=;5 City Hall
~ 10300 Torre Avenue
Cupertino, CA 95014-3255
CITY OF (408) 777-3354
CUPEI~TINO
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
POPPY WAY IMPROVEMENTS
PROJECT NO. 2005-03
NOTICE IS HERBY 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 Sposeto Engineering, Inc. on July 19, 2005, in accordance with the
plans and specifications for said work, have been completed to my satisfaction and acceptance of
completion was ordered on March 7, 2006.
That said work and improvements consisted o f 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: March 7, 2006
Printed on Recycled Paper