13-014 Breneman, Inc. Project Number 2012-07 Reconstruction of Curbs, Gutters, and SidewalksrECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014 -3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
DOCUME:NT: 22445174
Pages: 3
Fees.... + No Fees
Taxes..
Copies..
AMT PAID
REGINA A.LCOMENDRAS
SANTA CL.ARA COUNTY RECORDER
Recorded at the request of
City :.
RDE # 026
11/15/2013
1 1 18 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS
CITY PROJECT N1:IMBER 2012 -07
'ZOriginal
0 For Fast Endorsement
o
CUPERTINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014 -3255
(408) 777 -3354
PUBLIC WORKS DEPARTMENT
CERTIFICATE O -F COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
RECONSTRUCTION OF CURBS,, GUTTERS, AND SIDEWALKS
CITY PROJECT NUMBER 2012 -07
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 for curb, gutter and sidewalk reconstruction, performed at various location in
Cupertino, California, in hereinafter described in the contract which was entered into, by, and
between the City of Cupertino and Breneman, Inc., February 15, 2013, 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 4, 2013.
That said work and improvements consisted of famishing all labor, materials, tools, and
equipment required to complete said project, all as more particularly described in the plans and
specifications for said project.
`D ri ector o and
City Engineer of the City of Cupertino
Date: November 7, 2013
"NO 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
RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS
CITY PROJECT NUMBER 2012 -07
and the City of Cupertino, a governmental agency is hereby accepted by the City of
Cupertino on November 4, 2013, and the grantee consents to recordation thereof by its
duly authorized officer.
I certify under Penalty of Perjury under the laws of the State of California that the
foregoing paragraph is true and correct.
Dated: November 12, 2013
B
Dorothyr 'St &nfott
City C` k" s'.Oifice
RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014 -3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
DOCUMENT: 11445173
IIIWI III 1UPdY�I11IIVIIImIIIIIIV
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages: 3
Fees.... + No Fees
Taxes...
Copies..
AMT PAID
RDE # 026
11/1,5/2013
11 :18 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
2012 STP OVERLAY PROJECT RE -BID
CITY PROJECT NUMBER 2012 -05
* Original
0 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 STP OVERLAY PROJECT RE -BID
CITY PROJECT NUMBER 2012 -05
NOTICE IS HEREBY GIVEN THAT I; Timin Borden, Director of Public Works and
City Engineer of the City of Cupertino, California, do hereby certify that the work and
improvements for pavement maintenance including asphalt overlay, digout repairs and traffic
signal loop replacement, performed at various location in Cupertino, California, in hereinafter
described in the contract which was entered into, by, and between the City of Cupertino and
O'Grady Paving, Inc., October 4, 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 4, 2013.
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 7, 2013
C.
„NO 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
2012 STP OVERLAY PROJECT RE -BID
CITY PROJECT NUMBER 2012 -05
and the City of Cupertino, a governmental agency is hereby accepted by the City of
Cupertino on November 4, 2013, and the grantee consents to recordation thereof by its
duly authorized officer.
I certify under Penalty of Perjury under the laws of the State of California that the
foregoing paragraph is true and correct.
Dated: November 12, 2013
By:
Dorothy Ste . fmt.
City Clerk_s.(_';,ffce
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 23223 • FAX: (408) 777 -3366
WEBSITE: www.cupertino.org
CUPERTINO
March 12, 2013
Breneman, Inc.
2000 Norris Road
Walnut Creek, CA 94596
An original copy of your agreement with the City of Cupertino is enclosed. If you have any
questions or need additional information, please contact the Public Works department at (408)
777 -3354.
Sincerely,
Brittany Carey
Senior Office Assi
City of Cupertino
Enclosure
cc: Public Works
Project No. 2012 -07
DOCUMENT 00520
CONTRACT /
THIS CONTRACT, dated this istb day of February 2013, by and between Breneman, Inc., whose place of
business is located at 2000 Norris Road, Walnut Creek, CA 94596 ( "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 6'n day of February, 2013 awarded to Contractor the following Project:
PROJECT NUMBER 2012 -07
RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS
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 Represettative 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 Torre 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, 2013 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 (such as project management and consultant expenses), if all or
City of Cupertino 00520- 1 Contract
Reconstruction of Curbs, Gutters and Sidewalks
Project No. 2012 -07
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 ha3 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. 2012 -07
5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with th,,- terms and conditions of the 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.
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. 2012 -07
Article '% 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 /DI.SR/PWD/Northern.litmi 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 Cont;-act 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. 2012 -07
IN WITNESS WHEREOF the parties have executed the s Contract in triplicate the day and year first above written.
RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS �? l
CITY: CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation cf the
State of California
Attest:
c —G
City Clerk: Grace Schmidt
Approved as to form by City Attorney:
qty Attorney: Carol Korade
By:
[ 'gnature]
James Breneman
[Please print name here]
Title: President
[If Corporation: Chairman , President, or Vice President]
By:
[Si ature]
I hereby certify, under penalty of perjury, that Timm Borden, [Please print name here]
Director of Public Works of the City of Cupertino was duly �E�j -� y�
authorized to execute this document. Title:
Dated: /
I
D Id Brandt, City Manager of the City of Cupertino, a
Municipal Corporation of the State of California
Designated Representative:
Name: Roger Lee
Title: Assistant Director of Public Works
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
872214 A,B
State Contractor's License No. Classification
2/28/14
Expiration Date
Taxpayer ID No. 26-4100852
Name:
Title:
Address: 10300 Torre Ave., Cupertino, CA 95014 Address:
Phone: 408 - 777 -3269 Phone:
Facsimile: 408 - 777 -3399 Facsimile:
NOTARY ACKNOLEDGEMENT 1S REQUIRED. IF A
AMOUNT: $199,858.00 =4-0, VtV CORPORATION, CORPORATE SEAL AND CORPORATE
ACCOUNT NUMBER: 270-9450-9300,270-9451-93 NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE
REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY
FILE NO.: NO. IS REQUIRED
r
END OF DOCUMENT
City of Cupertino 00520-5 Contract
Reconstruction of Curbs, Gutters and Sidewalks PA 1jl 10
See attached notarial certificate.
CALIFORNIA, ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of oar CvS i�c
On I � f ZU 1'� before me,
personally appeared JOE �t�i N�v.�4>J
(Here insert name and title of
who proved to me on the basis of satisfactory evidenc to be the persorly� whose nam9�r%,
subscribed to
the within instrument and a knowledged to me tha ge beftl�y executed the same i Zir au thorized
capacity(jag , and that by is /tVir signature g) on the instrument the persor�(<, or the entity upon behalf of
which the persory() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Le ICHAEL O'SULLIVAN
COMM. � 1965542
N)TARY PUBLIC•CALIFORNIA WITNESS my hand and official seal. CONTRA COSTA COUNTY -- -•Mi COMIC EXP. JAN. 2, 2016
Signature of Notary Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIP/TION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
Ci iS,G C` 1r- 2-0 1 Z- ()-:k-
(Title or description of attached document continued)
Number of Pages S Document Date Z kJ 1'
~ (Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
Corporate Officer
7ReS1Ue�l
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
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Project No. 2012 -07
DOCUMENT 00630
GUARANTY
TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ( "City "), for construction of
RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS
CUPERTINO, CALIFORNIA
The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment
incorporated therein.
Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period
specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including,
without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in
connection with the Work.
Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of
Work not done in accordance with this Guaranty or relieve: Contractor of liability in respect to any express warranties or
responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any
damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final
Acceptance.
If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or
regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly,
without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall
remove any defective Work rejected by City and replace i-: with Work that is not defective, and satisfactorily correct or
remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly
comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage,
City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all
claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to
correct defective Work, or defects are discovered outside :he correction period, City shall have all rights and remedies
granted by law.
Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though
equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and
estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work
found to be defective or otherwise not to comply with the :•equirements of the Contract Documents up to the end of the
guaranty period.
All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract
Documents, including, without means of limitation, Section 00700 (General Conditions).
The foregoing Guaranty is in addition to any other warranies of Contractor contained in the Contract Documents, and
not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to
Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or
inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract
Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the
Contractor.
Breneman, Inc.
Contractor's Name
2000 Norris Road
Waesnut Creek, CA 94596
City /State /Zip
2/15/13
Date
END OF DOCUMENT
City of Cupertino 00630-1 Guaranty
Reconstruction of Curbs, Gutters and Sidewalks