12-078 Silicon Valley Paving, Project Number 2012-03, 2012 Various Asphalt ProjectRECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
DOCUMENT: 21989477
II II 11111111111111 ~ U
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages: 3
Fees... * No Fees
Taxes ..
Copies. . ___ _
AMT PAID
RDE tt 010
12/06/2012
1: 13 PM
(SP ACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
VARIO US ASPHALT PROJECT
CITY PROJECT NUMBER 2012-03
D For Fast Endorsement
CUPERTINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
2012 VARIO US ASPHALT PROJECT
CITY PROJECT NUMBER 2012-03
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 Silicon Valley Paving, Inc., August 2, 2012, 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 5, 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.
C.Bireetor of Public Works and
City Engineer of the City of Cupertino
Date: November 13, 2012
11NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27383 of the Government Code.
This is to certify that the development agreement with
10218 & 10228 ORANGE AVENUE
and the City of Cupertino, a governmental agency is hereby accepted by the City of
Cupertino on October 22, 2012, and the grantee consents to recordation thereof by its
duly authorized officer.
Dated: November 15, 2012
By: cb~.----i..111 ~--
Brittany tare,
City Clerk's O~i e
Project No.2012-03
DOCUMENT 00520 e? 'fro
1 CONTRACT
THIS CONTRACT, dated this ;2 day of mss , 2012 , by and between Silicon Valley
Paving, Inc. whose place of business is located at
Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of
California ("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 ./G day of_ oti y 2012 awarded to Contractor the
following Project:
PROJECT NUMBER 2012-03
2012 VARIOUS ASPHALT PROJECT
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth,
Contractor and City agree as follows:
ARTICLE 1. 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 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 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:
10555 Mary Avenue, Cupertino, California 95014 or to such other person(s) and address(es)
as City shall provide to Contractor.
City of Cupertino
2012 Various Asphalt Project Page 55 of 234
Project No.2012-03
5.Upon commencement of the Work, you and each of your Subcontractors shall certify and
make available for inspection payroll records on forms provided by the Division of Labor
Standards Enforcement, in accordance with Section 1776 of the California Labor Code.
THE CITY OF CUPERTINO, a Municipal Corporation of the State
of California("City")
TITLE:
3)k.rem c7-C- uto .c
AWARDED v y 2012
END OF DOCUMENT
City ofCupertino
2012 Various Asphalt Project Page 54 of 234
Project No.2012-03
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 Conditions) no later than thirty (30)working
days from the date established in the Notice to Proceed.
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 (such as project
management and consultant expenses), if all or 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 Conditions), 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 $1500 for each Calendar Day that expires after the time specified herein for
Contractor to achieve Final Completion of the entire Work as specified above.
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.
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 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.
City of Cupertino
2012 Various Asphalt Project Page 56 of 234
Project No.2012-03
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: Schedule of Bid Prices
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 Sites and has examined thoroughly and understood the nature and
extent of the Contract Documents, Work, Sites, 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,
which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys
and Existing Conditions), or which may appear in the Drawings. Contractor accepts the
determination set forth in 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 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
Conditions); and no additional examinations, investigations, explorations, tests, reports,
studies or similar information or data are or will be required by Contractor for such purposes.
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 ofthe Contract Documents.
5.5 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 actual conditions and the written resolution thereof through Addenda issued by
City is acceptable to Contractor.
City of Cupertino
2012 Various Asphalt Project Page 57 of 234
Project No.2012-03
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. COT TRACT DOCUMENTS
6.1 Contract Documents consist of the following documents, including all changes, addenda, and
modifications thereto:
Document 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statements of Qualifications
Document 00455 Insurance
Document 00460 Schedules of Major Equipment and Materials Suppliers (not used)
Document 00481 Non-Collusion Affidavits
Document 00482 Bidder Certifications
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notices to Proceed
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 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00822 Apprenticeship Program
Document 00850 Technical Specification
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6.
Document 00320 (Geotechnical 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 00700 (General
Conditions).
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2012 Various Asphalt Project Page 58 of 234
Project No.2012-03
ARTICLE 7. MISCELLANEOUS
7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) 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/DLSR/PWD/Northern.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
City of Cupertino
2012 Various Asphalt Project Page 59 of 234
Project No.2012-03
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.
7.9 Contractor and all subcontractors shall comply with the Uniform Administrative
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 Budget Circular A-87. The
Contractor agrees that a reference to either Office of Management and Budget (OMB)
Circular A-87of the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is
applicable, and the Code of Federal Regulations, Title 49, Part 18, will be included in any
subcontracts entered into as a result of this contract.
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year
first above written.
END OF DOCUMENT
City of Cupertino
2012 Various Asphalt Project Page 60 of 234
Project No.2012-03
2012 VARIOUS ASPHALT PROJECT
CITY: CONTRACTOR:
CITY OF CUPERTINO, a Municipal
Corporation of the State of California
By:
Signature] '
Attest:
Please prinl'ne here]
City Clerk: hmidt
pproved as to form by City Attorney: Title: O'res1 V.
c\ If Corporation: Chairman, President, or Vice
President]
0
rty ttorney: By:
Signature]
Please print name here]
Title:
If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
Dated:P, Z-1"L 13 3
State Contractor's License No.
Classification
imm Borden, Director of Public Works of the
City of Cupertino, a Municipal Corporation of the Expiration Date
State of California
Taxpayer
City ofCupertino
2012 Various Asphalt Project Page 61 of 234
Project No.2012-03
Designated Representative:c7or) /
1
Name: Roger S. Lee
Title: Assistant Director of Public Works
Address: 10555 Mary Ave., Cupertino, CA
95014
Phone: 408-777-3269
Facsimile: 408-777-3399
NOTARY ACKNOWLEDGEMENT IS
AMOUNT: $96,2,.30 rid REQUIRED. IF A CORPORATION,
ACCOUNT NUMBER: 420-9145-9300 CORPORATE SEAL AND
AMOUNT: $125,000 CORPORATE NOTARY
ACCOUNT NUMBER: 420-9141-9300 ACKNOWLEDGEMENT AND
AMOUNT: $29,340.75 FEDERAL TAX ID ARE REQUIRED.
ACCOUNT NUMBER: 420-9146-9300 IF NOT A CORPORATION SOCIAL
AMOUNT: $18,000 SECURITY NO. IS REQUIRED
ACCOUNT NUMBER: 420-9140-9300
Q i 7s r-C?-4Na.-
74
i/k(P
END OF DOCUMENT
City of Cupertino
2012 Various Asphalt Project Page 62 of 234
California Acknowledgment Form
State of California,
County rof A
Ss.
On 31 . before me, 1 ncr€ ri(:.i d*ry--AA kc ,
personally appeared rx\ C7\.1 v 'G c._d
who proved to me on the basis of satisfactory evidence 1:o be theperson(4 whose name(i)is/9/e subscribed
to the within instrument and acknowledged to me that he/slxk/tllecr executed the same in his/Ir/thr au-
thorized capacity(i0), and that by his/t)dr/thgif signature(p3'on the instrument the persons')'or the entity
upon behalf of which the person(/acted, executed the instrument.
I certify under PENALTY OF PE RJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITN S my hand and offidial seal.
Seal
1.)--/UkA4t—‘':( ''°—
THERESE DIAZ ignature of Notary
Commission # 1970341
s ,'a. Notary Public -California
Santa
21,_2044Myi- '' Com_rl ExpiExpires Mar
Notes
Please provide information about the document that this form is attached to.
This is no_t required under California State notary public law.***
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