11-115 Spencon Construction, Project No. 2011-06 Reconstruction of Curbs, Gutters, and Sidewalks 6 -77
Project No.2011-06
DOCUMENT 00520
CONTRACT �}�"j_,� 0A
V
THIS CONTRACT,dated this f1 day of DeraMllf_ 2011 ,by and between SPENCON CONSTRUCTION,
INC.whose place of business is located at P.O.BOX 1220,DANVILLE,CA 94528 ("Contractor"),and the CITY OF
CUPERTINO, a Municipal Corporation of the State of Califomia("City") acting under and by virtue of the authority
vested in the City by the laws of the State of California.
WHEREAS,City,on the I day off)et-e,,vi(;pr-,'— ,2011 awarded to Contractor the following Project:
PROJECT NUMBER 2011-06
RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS
NOW,THEREFORE,in consideration of the mutual covenants hereinafter set forth,Contractor and City agree
as follows:
Article I. Work
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 Glenn Goepfert, Assistant Public Works Director, 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 Documents. City may change the individual(s) acting as City's Authorized
Representative(s), or delegate one or more specific functions 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 notices or demands to City under the Contract Documents shall be to City's Authorized Representative at:
10300 Tone Avenue,Cupertino,California 95014 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 Time.
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 run.
Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance
with Section 00700(General Provisions)no later than June 30,2012 as provided in Document 00700(General
Provisions)
3.2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss
in the form of contract administration expenses(s uch as project management and consultant expenses),if all or
City of Cupertino 00520- 1 Contract
Reconstruction of Curbs,Gutters and Sidewalks
Project No.2011-06
any part of the Work is not completed within the times specified above,plus any extensions thereof allowed in
accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor
and City agree that because of the nature of the Project,it would be impractical or extremely difficult to fix the
amount of actual damages incurred by City because of a delay in completion of all or any part of the Work.
Accordingly,City and Contractor agree that as liquidated damages for delay Contractor shall pay City:
3.2.1 $75 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final
Completion of the entire Work as specified above.
3.2.2 $75 per Calendar Day for failure to remove concrete from a work area within the same calendar week.
3.2.3 $75 per Calendar Day for failure to replace asphalt to finish grade within 30 calendar days.
Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the
damages suffered by City resulting from delay in completion of the Work.
3.3 Liquidated damages for delay shall only cover administrative, 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 substitute 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 4. Contract Sum
4.1 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 5. Contractor's Representations
In order to induce City to enter into this Contract,Contractor makes the following representations and warranties:
5.1 Contractor has visited the Site and has examined thoroughly and understood 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, performance or
furnishing of Work or which relate to any aspect of the means,methods,techniques,sequences or procedures of
construction to be employed by Contractor and safety precautions and programs incident thereto.
5.2 Contractor has examined thoroughly and understood 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 Underground Facilities, or which may appear in the Drawings. Contractor
accepts the determination set forth in these Documents and Document 00700(General Provisions)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 and shall not rely on any other
information contained in such reports and drawings.
5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations,
tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document
00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other
physical conditions at or contiguous to the Site or otherwise that may affect the cost,progress,performance or
furnishing of Work,as Contractor considers necessary for the performance or furnishing of Work at the Contract
Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional
examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be
required by Contractor for such purposes.
City of Cupertino 00520-2 Contract
Reconstruction of Curbs,Gutters and Sidewalks
•
Project No.2011-06
5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,
explorations,tests,reports and studies with the terms and conditions of the Contract Documents.
5.5 Contractor has given City prompt written notice o all conflicts,errors,ambiguities,or discrepancies that it has
discovered in or among the Contract Documents and as-built drawings and actual conditions and the written
resolution thereof through Addenda issued by City is acceptable to Contractor.
5.6 Contractor is duly organized, existing and in good standing under 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 instrument,contract,order or decree binding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting
Code§4100 et seq.in document 00340(Subcontractors List)
Article 6. Contract Documents
6.1 Contract Documents consist of the following documents,including all changes,addenda,and modifications
thereto:
Document 00002 Signature Page
Document 00003 Project Directory
Document 00012 Caltrans/City Cross-Reference Table
Document 00100 Advertisement For Bids
Document 00200 Instructions to Bidders
Document 00210 Indemnity and Release Agreement
Document 00400 Bid Form
Document 00411 Bond Accompanying Bid
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00481 Non-Collusion Affidavit.
Document 00482 Bidder Certifications
Document 00520 Contract
Document 00530 Insurance Forms
Document 00610 Construction Performance Bond
Document 00620 Construction Labor and Material Payment Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00820 Traffic Control Requirements
Document 00821 Insurance
Document 00822 Apprenticeship Program
Technical Specifications
Addenda(s)
Drawings/Plans
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract
Documents may only be amended, modified or supplemented as provided in Document 00700 (General
Provisions).
City of Cupertino 00520-3 Contract
Reconstruction of Curbs,Gutters and Sidewalks
Project No.2011-06
Article 7. Miscellaneous
7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning
indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or
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 further 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 only in compliance with the Subcontractor Listing Law, California Public Contracting
Code§4100 et seq.
7.4 The Contract Sum includes 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(15 U.S.C.§15)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 pursuant to the public works
contract 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://www.dir.ca.gov/DLSRTWD/Northem.html and shall be made available to any
interested party 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 undertake self-insurance in accordance with the provisions of that Code, and
Contractor shall comply with such provisions before commencing the performance of the Work of the Contract
Documents.
7.7 Should any part,term or provision of this Contract or any of the Contract Documents,or any document required
herein or therein to be executed or delivered,be declared invalid, void or unenforceable, all remaining parts,
terms and provisions shall remain in full 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
waived,they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid
and binding contracts,enforceable in accordance with their terms to the greatest extent permitted by applicable
law. In the event any provision not otherwise included in the Contract Documents is required to be included by
any 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 hereunder shall be in Santa Clara County. Both parties hereby
waive their rights under California 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 under the California Government Code,Title 1,Division
3.6,Part 3,Chapter 5.
City of Cupertino 00520-4 Contract
Reconstruction of Curbs,Gutters and Sidewalks
Project No.2011-06
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written.
RECONSTRUCTION OF CURBS,GUTTERS AND SIDEWALKS
CITY: CONTRACTOR: d Z
CITY OF CUPERTINO,a Municipal Corporation of the
State of California
By
[Signature]
Attest:
[Please print name here]
City Clerk:Kimberly Sm.
Apprgved as to form by City Attorney: Title: +' 1-`e S ;
i [If Corporate n: Chairman,President,or Vice President]
City Attorney: Carol Korade By: ■
ignature]
S 4 .s. C.-�
I hereby certify,under penalty of perjury,that Timm Border, [Please print name here]
Director of Public Works of the City of Cupertino was duly
authorized to execute this document. Title:
[If Corporation: Secretary,Assistant Secretary,
Chief Financial Officer,or Assistant Treasurer]
Dated: (Q - r (— f i r g Z 2 c ' "A
State Contractor's License No. Classification
S- i3
imm Borden,Director of Public Works of the City of Expiration Date
Cupertino,a Municipal Corporation of the State of California
Designated Representative: Taxpayer ID No. 55- l 32 .SF"
Name:Glenn Goepfert Name: S4€4.z-c_. �-Fs4--t-
Title:Assistant Public Works Director Title: /2 Ae.)•L_
Address: 10300 Tone Ave., Cupertino, CA 95014 Address: . . /p fC ( Z?o ` v�[(G CA .
Phone:408-777-3254 Phone: (9 2 s-j f f`r- 2 5 (
Facsimile:408-777-3333 Facsimile: ( LS� 7,f v- ZS93
NOTARY A OLEDGEMENT IS REQUIRED. IF A
AMOUNT: $132,306.00 CORPORATION, CORPORATE SEAL AND CORPORATE
ACCOUNT NUMBER:270-9451-930(9,61i910)
NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE
REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY
FILE NO.: NO.IS REQUIRED
END OF DOCUMENT
City of Cupertino 00520-5 Contract
Reconstruction of Curbs,Gutters and Sidewalks
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of vt1.0 ra
On I I-.1 a- 1\ before me, <? -C 1 Zkot �c:�1`� V L
Date p� Here Insert Name and a of the r J
personally appeared i 2 e v1 U i C QA
Name(s)of Signers)
who proved to me on the basis of satisfactory evidence to
be the person() whose name() is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/het/their authorized
capacity(ies}, and that by his/her/their signature(y) on the
\ SARITA BHATEJA instrument the person(, or the entity upon behalf of
4i Commission# 1848647 which the person() acted, executed the instrument.
Notary Public-California
f;r•-�-
z r�!�� Contra Costa County
My Expires Jun 7,2013 t I certify under PENALTY OF PERJURY under the laws
"'Comm.''"'' — — —— ———` of the State of California that the foregoing paragraph is
true and correct.
WITNESS my han. •nd official seal.
•
Signature -- . . ti. 1,, '
Place Notary Seal Above Signature of Notary Public 4
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached ocument CO
Title or Type of Document: 't:u0 wLe OO'�Q.t C V�1�?`a t
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s).
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—El Limited ❑General RIGHTTHUMBPRINT ID Partner—CI Limited ❑ General RIGHTTHUMBPRINT
❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER
111 Trustee Top of thumb here I:Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 9'1313-2402•www.NationalNotary.org Item 45907 Reorder:Call Toll-Free 1-800.876-6827
RECORDING REQUESTED BY
DOCUMENT: 21756075 Pages 3
City of Cupertino Fees. . . . No Fees
Taxes. .
WHEN RECORDED MAIL TO Cop i es. .
AMT PAID
City Clerk's Office
City of Cupertino REGINA ALCOMENDRAS RDE # 008
10300 Torre Avenue SANTA CLARA COUNTY RECORDER 7/19/2012
Cupertino, CA 95014-3255 Recorded at the request of 2:50 PM
City
(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
RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS
CITY PROJECT NUMBER 2011-06
Original
0 For Fast Endorsement
City Hall
10300 Torre Avenue
�•/ '
Cupertino, CA 95014-3255
sj I9s, (408) 777-3354
cu P E RT I N O PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AM)
NOTICE OF ACCEPTANCE OF COMPLETION
RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS
CITY PROJECT NUMBER 2011-06
NOTICE IS HEREBY GIVEN THAT I, Timm Borden, 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 Spencon Construction Inc., December 14, 2011, 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 July 3, 2012.
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: July 16, 2012
"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 18th day of J ly, 20 t Cupertino, California.
I
.:2 I Arai
Brittany Mor. es
Acting Senior Offic' ssistant
City of Cupertino