80-013a Collishaw Construction, Inc., Varian Park, Phase II, Project No. 80-01-.
CONTRACT FOR. ?U'3LrC i'fORK
" CO~t~?.ACT ~;!ld~ on July 16,. 198Q
-by the CZ'I'! OF CUPERTINO, a municipal corporation of' tee State
of California. 'her,=inafter ca1.ied the Git:/ J .and 0
COLLISHAW CORPORAXION
hereinafter called the Contractor.
IT IS HEliE:sy'AGREED by t.he parties as follows:
'1.. The Contract Documents. The cor.:plete C.:lntrp.c'; con-
sists of the ·.rollo\"ing contract docu..-::ents: C
A. Tile Plans and" Specifications' enti tled "Varian Park, Phase II,
Project 80:...01"
B. Various bond and r-nsuraqce requirements
C. Bid proposal attached hereto as' "Exhibit An
Any "'''''C ~ll obli'·"!-'.I.' ~ns o~J. the ~·""1 ".n-'., ;'0' e Con-,,-,-ao-.tor, "_r-, , f'u'11'.,; ..... ..:: "'. • ,,-" w " ,'~:r. _. .. u w _ c; ,,'-:_
set forth and described therein.
All of the above Cocu.':1ents are intended to coo9~rat; so
that any 110:-::': called for in one and no't mentioned in the other,
or vice 'lersa. is to be executed the sam.a as it.' ment5.oned i.n all
'cf' said documents. ~ne doc~~ent3 coc;rising the cQ~plete ~on
tract are so~etime5 hereinafter referred to as the Contract Docu-
!llen~s. In case or c.,n.f"2.ict bet;.reen the Plans a.'1d Si=I>ecii'ications
on tae one hand, and this Contract on tt.e other, the Pla... ... :S and
Specifications shall preyail.
2. The Worlc. ~tle Contractor ag:::oees to furnish' all of
the tools. equip:::ent" a.pparatus, fac! Ii ',;1e3 > labor, t; ::-anspor'f: a-
tio11, al"'.d material necessary to perform and complete in a good
and ':{orl~ma.nlilce r.;;;,_nne r J the 1'10 rk 0 t:
Varian Park, Phase II -Project 80-01
as called. for, and 1n the manner designated in, and in st::-ict
confor::.ity ',rith, the Plans and SpecU'ications pre,H!.red by the
follO':[1ng na::led person: .
Bert J .. Viskovich, Director of Public Works , .
and adopted by the City, which Plans and Specifications are en-
titled, respectively,
Varian Park, Phase II -Project 80-0~
and which P1ans and Specifications are icentified by the signa-
tures of t~e parties to this Contract. It is understood ~~d
agreed that said tool's, equipment, apparatus, facilities, labor,
transl:,ortation, and material shall be fu::-nished, and that said
l-Iork shall be performed and completed as required in said ?lans
and Specifications under the sole direction and control of the
Contractor, but subject to the inspection and appro'lal or the
City, or its representative. The City hereby designates as its
rept'esentati ve fer the purpose of this Contract the fellOI·ring
named person:
Bert J. Vi skovich, Direc~or' of Public Works
3. Contract Price. The City agrees to pay. and the
Contractor agr~es to accer;t, in full 9ayment for the 'tJ~ork abo~le
agr·eed to be done, tne sum of.
One Hundred Fifty Four Thousand Eighty Five Dollars ($154,085.00)
subject to additions and deductions as provided in the Contract
Documents.
lj. Disputes Perta':'ning to Payment for Hork. Should
artY dispute arise respecting the true value 01' any ~lork done,
of any ;'lOrlc omitted, or of any extra "lork, ':lhicn the Contractor
may be reqUired to do, or respecting the size of any payment to
the Contr2.cto:' during the· pe!'~orUlan~c of' this contract, said
dispu-;;e shall be deter:dned either by reference to the ~'1it of
prices, if applicable, or in accordance '..rith the agreement of:
the parties, or in accordance .dth the· rules of the A:::erica."1
Arbitration Association if the parties are ~"1able to agree.
5. Permits; Comoliance I'lith Lal·r. The Contractor shall,
at his expense, obtain all nece.ssar~r pero.:.ts and licenses, ease-
rr.ents, etc., for the construction of the p~oject, sive all neces-
s ary not ices, yay all fees required by la':I, and comply ','li th all
1 aViS , ordir.ar,ce5, rules and regu!~ticns relating to the ,[ark
a."1d to the 9reserv~tion of the public health and safety.
6. Inspection by the CUy. The Contracto,", sha.ll at
all times h:aintain prope;' fE.cili t.ies a..'1d provide safe acc·ess for
inspection by the City to all parts of·the ~ork, and to the s~cps
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:·,nerein the ':Iork is in oreoara::':!..on. 'tIhere ths Specifications
require ~/ol'k to be spec1aliy tested or al'l'roved, it shall not
be tested or covered U9 '11i:;~Out timely notice to the City of
its read1ne!:!s for inspection and ',lith,out t:'le approval th.ereo!'
or consent thereto by the latter. Should any suc~ work be
covered up 1'/1thout such notice, approval, or consent, it must,
if required by the City, be uncovered for exa~~nation at the
Contractor's e,xpense.
7. Extra or Additional \·ror~: and Chan;;:;s. Should the
City at any time during t~e pro~!'ess of ;;he '·Iori<.: require any
alterations, deviations, additions or omissions from the Speci-
fications or Plans or other Contract Documents, it shall have
the rig.;,.t to do so, and t:,e same shall in no \'Iay affect or r.take
void the contract, but the cost or value thereof 'Irill-be added
to, or deducted from, the amount of the contract 9rice, as the
case may be, by a fair and reasonaole valuati'on, '.'Ihicn valuation
shall be c.etar:nined either,' by reference. to the unit 9rices, if
applicable, or in accordance 'tlith t:1e agreement 0 r the parties,
or in accordance ~ith the rules of the Arneric~~ A=bitratio~
Assocation if the parties are unable to agree. No extra lI/orle
s~all be perror~ed or change be made exce9t by a written order
from the City, duly authorized b:, resolution of its governing;
body, and by all agencies \'lil.cse ap;>rov2.;. is required by la;-(,
stating that the extra l'forK or change is authorized, al'ld no
claim for ~~ addition to the contract Slli~ shall be valid unless
'so order:=d.
8. Cha.nges to Neet :::n~'1ronr.!ental Re~ui!"ements, The
City shall haVe t;,e right. to <;lake changes in t!":is Contract
d ; t · ~ '-t' '-" t' . -d ; ur_ng ne course or cons~ruc ~on ~o'orlng ne compLe~e _ffi-
provements into compliance 'tlith environmental requirements or
standards established by state and federal statutes and regula-
tions after the Contract has been a~'larded or ente::'sd into. T:~e
Contractor shall be paid for by such changes either by reference
to the unit prices, if applicable, or in accordance I-lith the
agreernent of the parties, or in accordance I-lith the rules of the
Amer1c&~ Arbitration Association if the parties are unable to
agree.
9. Termination, Amer'.dments or [\1001fic2.t10:1s. This
Contract may "::le te!'minated, amended or modified, '.-lith the mutual
consent of the parties. The compensation payable, 1f ~,y, for
such ter.nination, amendment or modifications, shall be dete!'-
mined eith~r by reference to the u..iiit price, if al'!?l1cable, or
in accord.~'1ce ;-lith the agreement of the parties, or in accordance
I'rith t!le rules of the American Arbitration Association if the
parties are unable to agree.
10. TiO':le for Comoletion. All I·rork under this Contract
shall be com91eted
before the expiration of one hundred (100) ~orking days from the approval
of the contract.
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If the Oontractor shall be delayed in the wo~~ by the
acts or neglect of tl'l.c Cit;y, or it:s elllplciyees, or those under
it by contract or otheI'";fise, or by chan.~es ordered in the I'fork,
or by strikes, lockouts by othe:'s, fire, unusual c:.ela::r in trans-
portation, unavoidable casualties or arl''J causes. beyond the Con-
tractor's control, or by delay authorized' by the City. or by
any cause which the City shall determine justifies the delay,
then the tL~e of completion shall be extended accordin£ly.
This para~rapb. does not exclude the reco,err] of dam-,
ages for de lay by either party u!'lder other provisions :Lnthe
Contract Documents.
11. Ir.spection ?.nd Testin~ or !1aterials. The Con-
tractor shall notify the Ci~y a sufficient ~ime in advance of
the manufacture or production of materials to be supplied by
him under this Contract, in order that tb.~ City rr~y arr~~ge
for mill'or factO!7 inspection ~~d testing of the s~.e, if the
City requests su~~ notice trom the Contractor.
12. Ter;nination for Breach I • etc. It' the Contractor
should be adjudged a bankrupt, or if he should m~e a general
assignment for' the benefit ot: his cr.editors,or if a receiver
'h 'd~ •• . .. "·i·' i~h sou... we appo ... n ... ea .on accoun ... o~ !l s ;!.:tso_~e:'lC:y. or I. e or'
any of his subcontractors should violate any of the nrovisions
of the',Contract, the City may serye'\'lritten 'notice upon him and
his surety of its intention to ter~inate thp. Contr'act, s~ch
notice to contain the reasons' for such intention to terminate
the Contract, ~"'lc., unless Idthin ten days after serv:'ng' of s~!ch
notice, such violation shall cease and satisfactory arrangements
for correction thereof be made, the Contract shall, u~on the
expiration of said ten days, cease and ter~~nate. In the event
of" any suC'h termination, the City shall immediately serve \·rritten
notice thereof upon the surety and the Contractor, and the surety
shall have the right to t~~e over and perform the Contract; pro-
vided, hO''1ever, that, if the surety vlithin fifteen days a.ftar
tbe serving upon it of notice of termination does not give the
City \iritten notice of its intention to t~lce over and per-form
the Contract, or does not commence perfoIT.:.E!.."lce therl:oi' ;'lithin
thirty days from the date of the serving 9f such notice, the
City may take over the work and prosecu.te the same to com?letion
by contract, or by ~"'ly other method it r.~y deem ad\~sable. for
the account ~~d at the expense of the Contractor, ~~d the Con-
tractor and his surety shall be liable to the City for ~"lY ex-
cess cost occasioned by the City thereby, and in such event the
City may. i-:ithout liability for so. doing, talee possession of.
and utiliz~ in completing the work, such materials, appliances,
plant and other property belonging to the Contractor as may be
on the site of the l"lork ~"ld necessary therefor •
• 13. The Cit;/' s i\i;:ht to ~lithhold Certain Amounts and
I·talee A'OolicatiC'r! Ther-eof. In addition to the amount 11hich tile
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City may re:ai:1 under Paragraph 21 of this, Contract until the
fi:1al complet:ion and acceptance. of all vtork covered by ,the Con-
tract, the City !!lay \·tithhold from payment to the Contractor
such an amo~~t or amou:1ts as in its judgment may be necessary
too o=y j"s" c' .... i",~ "-~~n-+-""~e "c-... "'? .... t-,..""" ,..-any subco1"'\~-~,",,"'o~~ .., * _ ......... _t:o....:..~.£w ~~'""' ...... ~.., ,,~.. .... Ill" ........ ""'.., ""' ... -W ... ' '" ~4""'" ""'_.,; ':"'..J
for labor a~d services rendered and materials furnished in a~d
about the ~Ior\~. The City may apply such !:Iith~eld amount or
amounts to t~e payment cif such claims in its discretion. I:1
so doing, the City shall be deemed the' agent of the Contractor,
and any payment so ;;tade by the City shall be considered as a
paYr.!ent made under the Contract by the City to th-= Contractor,
and the City shall not be liable to the Contractor for any such
paym.ent made in good .fe.i:h. Such paYr.1sr!t may be made \<!ithout·
prior judicial determination of the claim or claims.
14. Notice a'1d Service Thereof. Any notice from one
party to' the other U11cer the CO!1tracc shall be in I'[ritin~, and
shall be dated and signed either by the ;;:e.rty g1 ving such notice,
or by a duly autho-;:oized representative of such party. Any suc!":!
notice shall not be effecti"e for any 9urpose '1Ihatsoeve lC. unless
ser\o"ed in the f'ollo~·t':'ng ma.."lner: (a):..f the notice is given to
the City, either by ?e:'sonal deli very 'thereof to the City 1·1ana-
ger of the City, or by depositing the same in the United States
mails, <:inclosed i;1 a sealed en'lelope, addressed. to the City,
pos ta.?;e prepaid and certi fied; (b) i r the notice :'s given to the
Contractor, either by personal delivery thereof to the Contr~c-
• tor, or to his duly authorized re?resentative at the sits of the
proJect, or by depositing the s&~e in the United States mails,
enclosed in a sealed envelope, addressed to said Contra'etor at
1515 Walsh Avenue
Santa Clara, CA 95050
postage prepaid and certifi.ad; ·and (c) if the notice is given to
the 'surety or any other person, either by personal deli very to
such surety or other person, or by dep6siti~g the same in the
United States mails, enclosed in a sealed envelope, addressed
to such surety or person, as the'case may be, at the address of
such surety 0-;:0 person last co~~unlcated by him to the party
gi vins; the notice, posta'ge prepaid a~d certified.
15. Assisnment of Contract. Neither the Contract,
nor any part thereof, nor mor.eys due or to beco~e d~e thereu~der,
may be assigned by the Contractor without the pr,ior written ap-
proval of the City.
,16. COr.lplia:1ce ';'Iith Soecificaticns of 11aterials. ~':hen
ever in the Specifications, any material or process is incica:ed
or specified by patent or proprietary n~me, or by name of manu-
facturer, such Specifications must be ~et by Contractor, unless
the 'City agrees in vlrHing to some other material, process or
article offered by Contractor l'ihich is equal in all respects to
the one specifi~d.
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11. Contra.ct Security. 'The Contractor shall furnish
a surety bo~d in an amcun~ at least equal to one hundred per-
cent (lOOS) of the con1;ract price as security for the i'aithl'al
perfor:nance.ot this Contre:ct. The Contractor shall also furnish
a separate surety bond in an a:lou::.t at least equal to one 'hu.-:-dred.
percent (lac::) of the contract pri~e as security for the pl!yr::ent
of all persons for furnishing materials. provisions. ,rovenaer,
or other supplies. used in, upon, for or about' the perforrn&~ce
of the wor...: contracted to be done, or for per!'orming any ',For!c
or labor thereon of any kind. and for the payment of ~~ounts
due Ut."lder the Unemplo:l!:u~nt Insurance Code i'lith., respect to such
worle or labor in connection 11ith this Contract, and for the pay-
ment of a ,reasonable attorney's fee to be fixed by the court in
case suit is brought upon the bond. . .
'18. Insurance. The Contractor shall 'not cou::nence ~'To:rk
under this Contract until he has obtained all insurance required
under this paragraph and such insurance has been approved by the
City, nor shall the Contractor allow any subcontractor to com-
mence ~'rorl~ en hi.s subcontract until all similar insurance re-
qui.red of the Sl.ll:Jcontracto:' has been so obtained and approved.
The Contractor sball furnish the C'1ty ,with satisfactory proof
o~the carrla~ of insurance required, and there sball be a
specific contractual liabili ty endorsement extending the Con-
tractor's coverage to include the contractual liability assumed
by the Contractor pursuant to this Contract and particularly
'Paragraph 19 hereof. A~y pollcy ot: insurance required of the
, Contractor under this Contract shall also contain an endorsement
proViding, that thirty' (30) days' notice must, be given in lfriting
to the City of any pending change in the limits of liability or
of any cancellation or modification of the policy. , '
(a) "lorl<:men's Coumensat';on Insur~"lce and Em-
ployer's Liability Insurance. The Cont:'actor shall ~a~e out
and rnai."ltain during'the life' 01: this Contract i'!orkmen r s Co:npen~
'sation Insurance and E~loyer's Liability Insurance for al~ of
his employees e~loyed at the site of the project and, in case
any work is sublet, the Contractor sball require the subcontrac-
tor similarly to proVide' Workmen's Compensation !nsur~~ce and
Employer'S Liability Insurance for all of' the latter's employees
unlesz suc.~ 'employees are covered by the protection af'forded by
the Contractor. '
In Signing this Contract the Contractor ma~es the fol-
101'ling certification, required by Se ction 1861 of the Labor Code:
ItI am at-/are 'Of' the prOVisions of Section
3100 or the Labor Code "r!licn ~quire every em-
ployer to be insured agains~ liability for
work~h's compensation or to undertake self-
insurance in accordance Idth the provisions of
the oo~e > and I I-lill cOr.lply l1ith such prOVisions
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bei."ora commencing the performance of the l'iOr~
of th.:!.s contrc.ct."
(b) Liability Insurance. The Contractor shall
ta!<e out a:1ci' maintain during the li,fe ?f this Contract such
Bodily Injury Liability and Property Damage Liability Insllr2nce
as shall !J!"otect him and any subcontractor perCor",in;' 'Itorl< cov-
ered by this Contract from claims for damages for bodily injury.
including accidental death, as itell as from claims for pro;;:H;rty
damage, in (icluding third-party property damage, to include, cov-
erage on property in the care, custody and control of the Con-
tractor, and also in ;<cluding ';loat are cotnlilonly kno~m as the "X,
C, and Un exclusions (havlng to do I.ith blasting, collapse, and
underground property damE.ge), which ;:'lay arise from Contract or's
operations under this Contrac t, l'lhethe r 5 uch op:;=rations be by
himself or by any subcontractor or by ~~yone directly or in-
directly,employed by either of them and the amo~1ts of such in-
surance shall be as follows:
Bodily Injury Liability Insurance in an ~~ount
not less tha.n $ --300,000,00-for injuries,
including a.cci:dental death> ,to 2..'1y one person,
and, subdect to the same '~irnit for each person,
1n an ~~ount not less than $-500,000.00-, on
account of one accicent, and Property'Da~ag:
Liability Insur2..'1ce in an amount not less than * -200;000.00--• The City and its officers anci
em910yees, shall be' named as additional insureds
on any such policies of i:ulurance, I·thich shall
also contain a provision that the insurance
afforded thereby to the City, its officers 2..'1d
employe~s, shall be primary ,insurance to the
full limits of 11'1oi11t1 of t;,e policy, and
that, if the City, or'its officers and e~ployees,
have other insurance against a loss coyered by
such policy, such other insurance shall'be ex-
cess insurance only.
(c) Fire Insurance. The S~l
take 01,l~ nct intain' fo 0 tn parties to oil'. is
Contract insu:: nce ~o,:e ing l?s~ by r~i Q,. e "ten~e~ c~:e!jig:_:n.,
dorse~,:,~ t p:r~ s (Iunar"orm, na~l~_ ex, _osJ.o , rJ.o",' .J.?t a",,_nr_ng
a st 1'J. e, CJ. v-:-r. commo': _on, a rcrah, / ehicl s, smoKe) I a~d V!l:1t
dal1s,!, and ma~~ciou~m'ischief upon ~re enti e structUTe on ;"h~~ Cll
the ',Iior:< of tl7lis Con~ract i to be 10ne to ne hund,.,(,d oercen~
(IOO ) of ,the insur" le val e there f. P!'o 191' eVl¥nce' of su h
ins rance sh 11 be .urnish d to th / . If tt e
Cit provide the fire ins ranee ',ereuncer and t: e contractc~,
de ires broa • rotection than ~he perils 01' 1 s by l'i!'e, ex
t~ ded covera3e ~ndorsemenv " rils, and van sm and hluliciou
* Supply in or ~, as th'e case may be" in the olan:<,
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Clischie r, chs C1 cy ''lill at~empt to obtain such oroade:-::'lrotection
L~d the Con~ractor agrees to pay any additional cost for such
broader protection.
19. Hold Har::xless. The Contractor ;·rill sa'/e. keep, and
hold. harrn.!.ess the City and. all orrlcers, el1l?loyees, and agents
thereof rro~ all da~ag2s. costs, or expenses, in law or ±n equity.
that may at any ti~e arise or be set' up because of personal in-
jury or damage to property sustained b~ any person or ~ersons by
reason of. or in the course or the performa.!'lce ef said ~",ork, or
hy reason of any infringement or alleged inrringement of the
patent rigbts of any person or persons, firm or corporation in
consequence or the use in. on, or about said ,·ror}.;;, or any article
or material su'Oolied or installed under this Contract. Not.",ith-
st.anC!ng the abO\'e, the Contractor shall wherever. it is. necessary
keep and maintain at his sole cost and expense during the course
of his operations under th;i.s Contract such ~(arnings, signs, and
barri",rs' as nay -be required te protect the pUblic._ The p·rovisions
of the preceding sentence shall not impese any liability upon
the City and are for the eAPress benefit 'Of the general pu~lic.
20 •. Hours 'Of Hark. E1~ht hours of' labor during any
one calendar day ~nd forty hours of labor during ~~y one calendar
week shall constitute the rnaximwn hours 'Of service upon all \·rork
done hereunder. ~~d it is eX'9re·ssly. st:i;1ulated that no labore:-,
workman. or mechanic e::;,ployed at any time by the Contractor or
by ~'Y subcontractor or suhcontract;ors under this Contract, upon
the Kork or upon any part or the 'l-/Or'..<: contemplated by this Con-
tract, shall be required or percitted to wer!e thereon more than
eight hours during any 'One calendar da~ and forty hours during
any ene.calendar week, except. as provided by Sectien 1815 of
the Labor Code of the State of California. ,,,or1c performed by
employees of' contractors in excess of eight hou.~ per day and
forty hours during any one ~1eek shall be permitted upon public
work upon compensation fo!:' all hours \'far!ced in exce.ss 'Of ei;;."lt
hours per day at not less th~' one and one-half times the basic
rate of pay. It is further expressly stipulated that for each
and every vioLation.ef Sections 1811-1815, inclusive. of the_
Labor Code ot: the State of California, all the provisions \·rhere-
of are dserned to be incor?orated herein. the Contractor shall
forfeit> as a penalty to the City. t\'1enty-fi Ve Dollars ($25.00)
for each laborer •. l",orkman. or mechanic employed in the execution
of this Contract by Centractor, or by any sUbcontracter under
. this Contract, for each calenda= day during ~lhich said laberer,
~jorkman. or meChL"1ic is required 'Or per:nitted to \'J'or!c more than
eight hours in ~"1y 'One calendar day and forty heurs in anyone
calendar w~ek in violation of the orovisions of said Sections of
the Labor Code. ..
The Contractor. and each subcontractor. shall keen an
accurate record sho':ring the naI:l5S of and actual hours \'/orlted
each calendar day and each calenaa: ~[eek by all laborer'S J \'/ork-
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men. and :lSchanics er.lployed oy him in c:oo:1eotion ~-(lth the \ofork
-contemplated by this Contract. which record shall be open at
all reasonable hours to the inspection of the City or its offi-
cers or a;ents a."ld to the Di'/is ion of Labor La~1 En1'orcewent 0 f
the Depart:ment of Industrial Relations of the State oJ: Cali fO!":1i a.
21. Wa~e Rates. Pursuant to the tabor Code 01' the
State of California, or local 121.1-1 thersto applioable. the City
has asoertained the seneral prevailing rate of per diem I-rages
a."ld rates for holida:Ts and o'fertime ~10r!-t in the lo'cali ty in
which this I-lork is to be pert."orr:'.ed~ for each craft, classifioa-
tion, or type of lab':)rer, \'lorkman, or mecha.'lic needed to execute
this Contract. The prevailing; \\l'ages so determined are set. forth
in the Speoifications and ~~de a part hersof. Neither the notice
inviting bids nor this Contract shall oonstitute & representation
of fact as to the prevailing wage rates upon ~!hioh the Contractor
or an~' suboontraotor under him may base any claim against the
City.
• -It shall be mandatory upon the Contractor, and upon
any 5ubcor.tractor under him, to pay not less than the said spe-
cified rates to all laborers, workmen, a."ld mechanios employed
in the exeoution.of the Contraot. ~t is further eXDressly sti-
pulated that the Contraotor shall, as a penalty to the City,
!'orr.ai t tt-lenty-!'ive dollars ($2; .,00) for' each oal.endar day, 0:;::
portion tilereoi', for each laborer, ~10rkma.'1, or mecha.'1iq paid less
. _ than che. sti;H:.lated p::,eval1ing rates for: any ~'1orl-: done under
this Contr&ct by him or by any suboontractor ~"lcer him; and Con-
-tractor agrees to oomply with all proviSions of Section ~775 of
the Labor Code.
_ In oase it becomes necessary J:or the Contractor or any
subcontractor to employ on the project under this Contraot any
person tn a trade or oooupation (except exeoutives. supervisory,
administrative, clerical, or other non-map.ual \-Iorkers as sl,:,ch),
1'or which no r..inimum ''lage rate is herein specified; the Contrac-
tor shall immedi<:tely :lOtify the City J \-r~o ,11l1 pro=:.ptly the-::os-
arter determine the prevailing rate ror st,lch additional trade
or ocouoation and shall -furnish the Contractor '-lith the minimum
rate based thereon. -. The minimum rate thus turnished shall be
applicable as a mini::lum for such trade or o,::ou;Jation :rom the
time of the initial employ~ent of che person ai'1'ected and during
the conti!!uanoe or suoh employment.
22. Accident Pre'le.ntion. Precaution shall be exer-
oised at all times for the protection or persons (inclu~~ng em-
. ployces) and. property. The safety prOVisions of applicable lal'1s,
building a."ld c':)ustruction oodes shall be obser'/ed. 1·lachinery,
eqUipment, and other hazards shall be guarded or eliminated in
acoordance l'1ith -the safety prOVisions of the Construction Safety
Orders issued by -the Industrial Acoident Co~~~ssion of the State
of California.
-9-
•
, '
23. Payment. ~lot 'later than the 30th day of' each
calenda:' month, tne City ',fill make partial paym:e.mt to the CO:l-
t:,acto~ on the basis of a duly certified approval esti~ate of
the l'fOrk peri'or::ed and materials incorporated in the project,
during the preceding calendar month, by the Contracto!', 'but t!1e
City ... tl11 !'etain ---ten--' percent ( 10;:0 of: the
a~ount or each of said estimates until the expiration of thirty-
five (35) days from the date of recording by the City of notice
of acceptance of co~pletion of all '!!ork' covered bl this CO:1tract,
if such notice be recorded ~/ithin ten days after the acceptance
of completion of such Contract as evidenced by resolution of
its governing body; or, if such notice be not so recorded I-lithin
ten days, until the expiration of ninety-five (95) days after
the acceptance of completion of such. ','fork of impro'le:nent as evi-
denced by resolution of its governing body. at ./hich time and
not oeTore, the City shall, pay to the Contractor the I-/hole of
the remaining --ten---percent ( 10~) of said contract
price so held back as provided; said certificates to be furnished
'oy ana' 00' ~~'~~a' rro~ ~'nQ C,ty's rp~~psen~a~i"e s~-~in-·-na~ -n~ II< \;-.... ... _ _ ••• V _ _ _:".10._ t.I t.._ 'I I.t<:.v_ ~ v~ .. ""'~J. .....
paY1:larit or install::!ent is due upon the basis of ,.,ork co:r:pleted
and the ~uo~,t then due and the Cityts representative shall, bE-
fore the of each month, deliver said certificates ~,der
his hand to the City, or in lieu of such certificates, shall de-
liver to t~a Contractor, in writing, urrde!' his hand, a Just and
true reason for not issuing the certi ficates, including a state-
r..ant of the defects', if any, to .be remedied, to entitle t~e
,Contractor to the certificate or certificates, In event of t~e
failure of the City's representative to furnish and deliver said
certificates or any of them, or in lieu thereof, t~e \-lriting
~.fo!'e5aid, within ten (10) days after the timss aforesc.id, and
after ;-rritten de:nand has been made upon him for: the sa!:le, the
Contractor may file de:nand ;.fith the City, and, in event said
certificates are not furnisr.ed ~[ithin ten (10) days thereafter,
the same, shall become due and payable.
, In case the City's representati-Je delivers t'he \'triting
aforesaid, in lieu of the certificates, then a compliance by the
Contractor ',lith the requirements of said ;'Iriting shall entitle
the Contractor to the certificates.
, The payment of progress payments by the City shall not
be construed as an absolute acceptance of the 'tfOrk done up to
the time of such payments, but the entire I>/ork is to be subjected
to the inspec::ion and approval of the City, and subject to ;'lhat-
ever inspection and approval may !;)e required by law.
24. Protection of Public Utilities. The City shall
be responsible, as bet':!een the parties to this Contract only, for
the removal, relocation, or protection of existing public utili-
ties, if any, located on the site of construction, but only if
such public utilities are not identified by the City in the
Plans and Speci ficat ions m::1de a parc o,r th," in vi t ation foT' bids.
-10-
-L
c
-L
. .
To'll! City shall compensate the Contract-or for costs incurred in
relocating or repairing damatie to utility facilitios not indi-
cated in the Plans and Specifications, other than service lat-
erals ~/hen the presence of such utilit;ies on the construction
si te can be inferred from the presence of such visible faclli":
ties as buildings, a."ld meters and junction bo:ces on, or adj a-
cent to, the construction site. To,e Contractor shall not be
assessed liquidated damages for delay in completion of the Con-
tract project, as provided in Paragraph 27 belo:'1-, Ivhen such de-
lay is caused by the failure of the City, or other public ~tility,
to provide ,!or the removal or relocation of the eXisting utility
facilities. If the Contractor while perfor~~ng the Contract dis-
covers utility facilities not identified by the City in the Con-
tract Plans and Specifications, the ser'lice laterals as herein-
above described, he shall immediately notify the City :l;.n ~ll:·iti:lg .
. 25. Contl'actorls Resoonsibilit'l for the Hor:':. The
Contractor s~all not be responsible for tne cost of repairing
or res.toring dama:;;e to the W9rk caused by an act of God. IlEVER-
T'rlELESS, tne Coutr<'.ctor shall, if the insurance premium is a
separat~ bid item, obtain the insura~ce to indemnify the City
for any damage to the .. lork caused by an a~t of God. "Acts of'
God" shall include only the follo\·ling occurrences or. conditions
a.''ld effects: earthquakes a."d tidal I-laves, I-fhen such occurre~ces
or conditions and effects have been proclai~ed a disaster or
state of emergency by the Gnvernor of_theSt~te of California
,or by the President of the United States, or \·,ere of a magnitude
at the site of the -.. lode suffi::ient to have caused a proclamation
of disaster or state of' emergency havipg occurred in a populated
area~ Subject to the fo:-e;;oing, the .City shall not, in any ;'!ay
or manner, be ansl'lerable or suffer loss, damage, expense or
liability for any loss or damage that may happen to said build-
ing, Nor!c, or equipment or any part thereof, or in, on, or about·
the same during its construction and before_ acceptance.
, 26. Contractor's Guarantee. ,The Contractor W1q\.lali-
fiedly gcarantees the first-class quality of all Ivorkmanship and
of all materials, apparatus, and equipment used or installed by
him 01' by any subcontractor or supplier i!'l the project Nhicn is
the subject of this Contract, unless a lesser quality i:; e:cpressly
author-i:?;ed in the Plans and Specifications, in ,'Ihich event the
Contractor unqualifiedly guarantees such lesser quality; ,and
that t!le \-Iorl< as performed by the Contractor \-/i11 conform I'lith
the Plans and Specificatiot1s or any '::ritten author::'zed deviations
therefrom. In case of any defect in \'iorl<, materials. apparatus
or equip:!!ent, '"nether latent 0::' patent:, revealed to the City
within .one (1) yea2' of the dc.te of acceptance of completion of
this Contract by the City, the Contractor will forthwith remedy
such defect or defects ';Jithout cost to the City.
27. Liquidated Damages. Tine shall be of the essence
of thi's Contract., If the Contractor fails to com9lete, \'Iithin
-11-
, .
the time fixed for such cOt:'!pletion, the \'Io!"k hereinbefore men-
tioned and described and hereby contracted to be done and ger-
formed, he sh~ll become liable to the City for liquidated dam-
ages in tlle SU:.1 0 f. Fifty Dollars
dollars (3 --50.00--). for each and every day durin;; \'!hicil
said "IO!":' shall remain uncompleted beyond such tirr-.e for com91e-
tion or unla::rful extension thereof, ;'Ihich sum shall be presumed
to be the amount of damage thereby sust'ained by the City since
it ;iould be impracticable or extrenely difficult to fix the
actual da:.1age; and the amottnt of liquidated damages ':.1ay be de-
ducted by the City from moneys due the Contractor hereunder,
or his assigns and su'ccessors at the time of complet:'on, and
the Contractor hereunder, or his assigns and successors at the
time of completion, and his SUreties shall baliable to the
City for any excess.
28. Additional Provisions.
-12-
L
!H \HTNESS t'/HEREOF, the pa::'t1es have executed this
Contract, in duplicate, the day and year .first hereinaoo".J'e
\,jr1tten.
APPROVED AS TO ~ru'1: ~~/1~-7
City Attorney //
ATTEST:
Notary acknowledgment required.
If a corporation, corporate seal
aod corporate notary acknowledgment
required.
CITY ,OF CUPERTINO,
corporation of the
California, herein
the Cit'y
, . , a munl.cl.pa",
State of
called
COlL/SHAW CORPORATION
herein called Con~ractor
S'rAXE or CAI.IFORNIA )
) ss.
COtm'I'Y OF s.un:.-\ C1.ARA)
On • 19 , before me. c:.':Ie u:cdersigned, a
Notary Publlr:. in and for sud State, persoually appeared
I •
~~~~~~~~~~--------~----------~--~--~~~~~--~~~:' known to ::le to be the persons whose names are subscrl.bed 1;0 the w::!.thin
Instrument, and acknowledged to me th.a.t they executed the same.
WI~::SS my hand and .offidal seal.
Notary Public in and for the Couney
of, Santa Clara, State of Call£ornia
snTE OF c.u.IFCR!lIA )
) ss;
COUN'I'Y OF ...uITA CL\lU.)
On ::n.>NC 30
Public: in and :or the said
• 19~, before me, the undersigned,
S~ate~ersoually appeared
a Hotary
be the ?n""'IQR.v{ of Cl>lIiS/'~ CoIlP<>hA'T7.e-..J, the
corporatl.on that e.'tacuted the w:l.t.hin Inst:ument, known ~o Ille to be the person
who executed the rl:h::!.n Inst:Ulllent, on behalf of the Corpo1:'ation herein named,
and acknOYledged tl:) me that such Co::po1:'at::!.on executed the same.
IN WI'rnESS t'l'HEREOF, I have hereunto set my. hand and affixed rrly official
seal in the Ccuncy of Santa Clara the day and year in th::!.s certif.icate first
above Wl:'itten.
EilIIIDIJIIIIUIJ.IIUIIIIIIIIIIIIIU.IIIIIIIIIIIIDllllllli S OFFICtAl. SEAl. §
5 LINDA CRY i .
§ HO'fARY PUtlUC -CALIIORNIA i
i COUNTY Of SANTA <;tAM 5' -~ 5: Ccmm. £;(11. Feb, 27# 1984 5 ~IIIU;II[UI;~"J"''''"'''l1l1n.'lrllllClI'lltnlrlll!tlla
Notary Public in and for
of Santa Clara, State of
"
BID PROPOSAL
Va~ Pa:k-Phase II, Projece 80-01
City of Cui!ertino
Staee of California
BID l'BOPOSAL
EXHIBIT A
The undersigned, as bidder, declares thOle the only peaons or parties i:lterested
in -this proposal as .,ri.ndpals a::e those named herein; thOle this proposal is
made without eollusion with my other person. tim or' cortlorarion; that he has
carefully examined the locale of the proposed ~ork, the proposed form of conrract;
and he proposes and agrees if this proposal is accepted that he ~ill c.ontract
with the City of Cupertino, in the fom, the S tanda::d Form of Agreement beo~een
Owner and Contractor A.I.A. Document AlOl, latest edition, for Stipulated Sum
Contracts, to provide all necessary machinery, tools, apparatus and oeller means
of construction. and to do all the lI'ork and furnish all materials specified in
the contract, and do all 1I'0rk required to complete said work on or beiore
one hlllldred (lOO) calender days, in accordance with said Plans, Specifications,
and Special Conditions, and according to the requirements of the City Engineer
as therein set forth, and that he will. take in full payment therefor, iacluding
all applicable State and Federal Taxes, the foll.owing prices to wit:
BASE B!D PROPOSAL
The Base Bid shall include all work and requirements described in the Contract
Documents, Specifications and Drawings.
!n general. the work includes, but is not limited to, all earth ~~ork. 3tot'l:l
drainage, utility lues and connection, parking locs. ~.aJ.k;tays, condt.:it for:'
walkway lighting, conduic and co~crece footings, irrigation, planting ;nd planting
maintenance, play area conscruction. concrete s:eps and curbs, picniC cables,
and decGapo i granite paving.
,.,. ,,. ,. l' f " l
Certificate of Insurance, ~ THIS CER~I~ICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_ ~ THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BElOW.
NAME AND ADDRESS OF AGENCY
-,
DORSEY. HAZELTINE & lnNNE
P • 0'. Box 50307
PALO ALTO, CA. 94303
NAME AND ADDRESS OF INSURED
COMPANY
LETTER
A
B
B
COLLISHAW CORPORATION
1515 lfALSH AVENUE
SANTA CLARA, CA. 95050
TYPEOF INSURANCE POLICY NUMBER
GENERAL LIABILITY
I~ COMPREHENSIVE FORM
~ PREMLSES-OPERATIONS
~ EXPLOSION AND COLLAPSE HAZARD ~ UNDERGROUND HAZARD
~ PRQDUCTSICOMPLETED CI644 70 63 OPERATIONS HAZARD []I CONTRACTUAL INSURANCE
~ BROAD FORM PROPERTY DAMAGE ~ INDEPENDENT
(1g PERSONAL INJURY
[liI COMPREHENSIVE FORM
lil OWNED HAC 700226
[i! HIRED
5d NON-OWNED
EXCESS LIABILITY
D UMBRELlA FORM [J OTHER THAN UMBRElLA
FORM
and liCl l2697A
EMPLOYERS' LIABILITY
OTHER
DESCRIPTION OF OPERATIONSI1.OCATIONSlVEHICLES
COMPANIES AFFORDING COVERAGES
COMPANY LETTER A UNITED PACIFIC INSURNACE co.
COMPANY LETTER B MISSION INSURANCE co.
COMPANY C LITTER
COMPANY D LETTER
COMPANY E lETTER
POLICY EXPIRATION DATE
1/1/80
1/1/81
1/1/81
BODILY lNJURY • 500
PROPERTY DAMAGE • 250
BODILY INJURY AND
PROPERTY DAMAGE • COMBINED
PERSONAL INJURY
BODILY INJURY
(EACH PERSON)
BODILY INJURY
(EACH ACCIDENT)
BODILY INJURY AND
PROPERTY DAMAGE •
COMBINED
• 100
OPERATIONS AS RESPECTS VARIAN PARK. PHASE II
PROJECT 80-01
•
•
•
•
500
250
500
"em"",
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany willlfll!!IRlIQIHl!!& mail ~ days written notice to the below named certificate holder, ~
~ .. g dgds_ k,BBlK)8!yjUtig!f)H§LtltruS8418-Y1V'
ACORD 25 (1·79)
NAME AND ADDRESS Of CERTIFICATE HOLD[R:
CITY OF CUPERXINO
10300 Torre Avenue
Cupertino. Ca. 95014
DATE ISSIUED: __ ~~~~~~~~~~~~~ ______ __
,
•
•
State of Cal ifernia
ss:
County of SANTA CLARA
On JUNE 30th , 19 80 ,before me, the undersigned, a Notary Public in and for said County,
personally appeared LAURA A. SKINNER known to me to be the person whose name is
subscribed to the within instrument as Attorney·in·Fact of UN ITED PACI FIC INSURANCE COMPANY, and acknowledged
to me that ~ he subscribed the name qlil\JI\IOT"'!ibill'l"jfiJIH~Ii&:ll"ii&QM~~NY, as Surety, and h ER own name as
A<~~.'"b'. ; @ ."" me .. u , iii ' LINDA CRY S i '< c;. NOTARY JltlIlUG: -CAlIFOlI:flltA. 5 = " , "' COllNTY 0' SANTA c.LAA.o\ = 5 ~ 5 = Comm. Exp. Feb. 27,. 1984 =
iJlOll1nt1u ........ ul •••• IIIUuulllll ... uulluu •• i
My Commission expires ----===f-"~.L--~ 19 'i:L No
SDU·lala ED. 3/72 (CALIF.!
STATE OF CALIFOR.~IA )
)
COUNTY OF SANTA CLARA)
On :;]"'_ e 3 ..
CORPORATION ACKNOWLEDGEMENT
55.
Public in and for the said
, 19 Ba. before me, the undersigned,
State, personally appeared
a Notary
__ ~:r~R~e~~~~C~D~~~~~~~~~'~~~='~' _________________________________ , known to me to
be the 'PAgSfb€C-,r of C-:./h:s.hJ'9..... CORPc:;,R.A'77Q,.J. the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknOWledged to me that such Corporation executed the same.
IN WITNESS IffiEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
1 above written.
@mulillulll.IIIIUIIIIIIIIIIUlJlI ••• IIlIIIIIIIUIIII!
;: OF'P'tCIAL. SEAL = ! LINDA CRY E
Q -:: HOI'AII.'t Pusuc -CAllfOltmA = § cou~rr OF SANTA CLAM E --i Camm. Exp. Feb.. 27,1984 i ~ ______ ........... n ............... nu"""I'II""IIIU".
Notary
of Santa Clara. State of
"
•
•
FAIIHFUL PERFORlW<CE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, Collisha'\:l.. Corporation
as Principal and UNITEI1 PACIFIC INsnR~NCE COMPJNY
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of 'One Hundred Fifty-Four Thousand Eighty-Five Dollars
($ 154,085.00 ) lawful money of the United States, for the payment
of which will and truly to be made, we bind ourselves, our heirs, 'executors,
successors and,assigns, jointly and severally, firmly by these presents.
THE CONDITION' of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated ____________________ ,
with the Obligee
to do and perform the following work to-wit:
VARIAN PA~, pHASE II, . Project 80-01
NOW, THEREFORE, if the said Principal shall well and truly perform the work
, contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect .
• IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety this 30th day of June , 19~.
(To be signed by Principal
and Surety' and acknowledgment.) CO LLI SHAW CORPORATION ~L/ d11CiPa1
UNnm Mel FIe INSURANCE COMPANY
Suret:[
By..:....---~
At orrteYi11=FaCt~a A. SI!iIli1er .
:Momey • In . Fact
The above bond is accepted and approved this day of , 19 •
LABOR A.:m ~L\TERIAL BOND
KNOW ALL 'NEl< BY tHESE PRESENt:
WHEREAS; the City of Cupertino, State of California, ~~d
r;Qll ishw Corpor'ation
hereinafter designated as i'Principal" have enteNd into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal o"f certain improvements more particularly described in said contract;
arid" "! " "
!vHEREAS, said Principal is ,required to" furnish a bond" in connection with
said "contract, providing thac if said Principal, or any of his or its sub-
contractors J' shall fail to' -pay for any ITlaterials ~ provisi·ons J provander or
othe.r supplies· or t\!aIiS u~l3d in, upon, for 'or" abuut the parfor.nance of the
work contracted to b" done, or for an>" "lwrk or: labor done" thereon of an!:, kind,
the"surety on said bond shall pay the same to tr.e extent hereinafter set forth;
No;~, TH ERE FORE. we, th e l' rin ci p il, and _---'--';;;;;,;..:lA::.:'::;CI:.:FrC;:;..::INS=ORAN=CE:!!:"'-'t"'O""MP;!.!'tJW= __ ~_.:..
as Surety-, fittlly bind ou}:selves. our axecutors, .n.dr:tinisfrators. shccessvrs
and assigns. jOi"tly and severally, unto the City of Cupertino. and any and
all materiall:len, perSO;1S. cO::tpanies. or corporatio~s furnishing materials •
. provision~, provender or other 5uppli"cs used' in, upon,' for or about th~ per-
formance of t!te afores:lid ,;o"::l~" contracted 't.:> cO! <!x"cuted 0:: pe rfo"r::,.ed under tr.e
contract hereinab ovt=! ::.~n :iou.~d I and all pa r50ns, cv::;.p.:m~as or co+,porati,j:\s land-
ing or hiring tea:ns J i::!plt!~H~:lts or machi.nary J for or c0ntri!:;ur:ing, to said ~·:ork
to be dO~e I and all Der~m~s -:,ho perform work .or la~or u?oa the sa.;:.a) and all
persons h'ho s;..ipply b~th t.,'ork and ::tatarial!;;, t';~l.JSc claim has not been paid by
Principal or by any other person, ill the "just and full SUnt of
One Hundred Fifty-Four Thousand " Eighty Five Dollars
_____________ -___ ($ 154,085.00 ) .
TH'" CO:)iDITEY OF IHIS O.9!.IGAtIOX IS SUCH THAI if said l'rincioal, hi~ v. s
sub contractors ~ ;·:.:i rs., e:"acutors, adl':,:iais t: rators, succt!ssors or a~s ign.::;, Si.\8":"!.
fail to pay for any' 'materials, provisions. provc:1der or ot!,er. $up!'lic,; or teams
used in, upon J for o%;' aqout the performenca of the ';,-tcrk contracted to be' Gene t
or for any t .. "ork or labor thereatl of. any kinO., or for J.:aouats due und..lr t:3;J Un-
employm~nt In,:;urancc Act -v:lth rdspect to such \.,"ork or l.<.ibOl:·, ;:hQn sa.id Surety
will pay the 5am~ ;md .:11so ,::,:111 pny in CilSe suit is brou?;ht:. '.!pt.:m chis bead,
such reasonab l~ attorney 1.5 r~a as ghall ba ti:,cld b:~ the CQl;rt 9
This hoad shall inut'~ to tl,13. bt!nciit oi any <.l:1d all pc. rS0!1S) CO:::pd!lies, ,,1.nd
corporations cntitl~d to fi.le.claims und~r Sectimi !18':'. L of rhi! Cue::.! of Ci'-:il
Procedure. so us to gi\Oa ;I right of action to th.::!::t 0r their a~5isns in .1ny fiui;'
brought upon this boud.
,
State of California
55:
County of SANTA CLARA
On JUNE 30 th , 19 SO ,before me, the undersigned, a Notary Public in and for said County,
personally appeared LAlJRA A. SKINNER known to me to be the person whose name is
subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged
to me that She subscribEx:! the name of UN ITED PACIF If: INSIIRANf:1= f:.(),MPANY, as Surety, and h£ll.-own name as . --i1lnlu .. lul"IIIIIUnIJlllii .. u"iiillliiliifdlililll!.
AttorneY-in-Fact. 5~' OFFICIAl. SEAl. i
5 iJ LINDA CRY I :: a:' ~ NOTARY PU8UC -CAUI'ORNIA!
§ ~ "" ~ COUNTY Of SANTA CI.AItA = i ' Comm. Exp. Feb. 27 ~ 1984 I
'1IIIIlI ... um ...... " ........... " ....... I' ..... llll .. .
My Commission expires .:2./::2.::;. , 19 £!k.... -----;:d~1l"l~'t"~¥~~""">,ofJ..=----
f No ry Pu
BOU-18Ia ED. 3n2 (CALIF,)
•
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFOR.~IA )
) ss.
COUNTY OF SA.~A CLARA)
On .:r '-' '" J! 5 0
Public in and for the said
, 1980, before me, the undersigned,
State, personally appeared
a Notary
__ -".::r:;;..J'I=u=_-'e='-C>=/..:.;'1t'"' ...... "=,,.<.;<"-'=_~ ____________ • known to me to
be the '?".<?"',C;"'_' of {!olhshA<-.! Co,ePeIl4<l-71o-', the
corporati.on that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
aUUIUUI1I1J1I1It1III1I11I1I1t1UIIIJlIIIIIUIliUlm. ! OFFICIAL. SEAl. ! I LINDA CRY § ! NOTARY PUSUC -CAUfOIUHA 5
:: COUNTY -Of SANTA 'LARA a ~ -~ Comm. E~p. F~b. 27, 1984 i
11111:::mIlUUIUlIullllllllllll.CI:ntilIlUUI1IUUUa
Notary nand
of Santa Clara, State of
I
. ' •
".
And the s aid Sure ty, for valu~ receiv"d. heroby stipulates. <lnd agrees
that ~o Ch=:ll[;C; extension of tim¢'t ultc.rution or audition to the terms of
the. contr;:!ct or to tha work to-be porfor.",,,d thereunder or the specifications
acco:;,p:lIlylng the. sa"''' sh",11 in 'my I~isc affect: its obligations on this bond,
and it does hereby H"ive notice ?f any such change. extension of tire", alter-
ation or addition to the t~rms of the contract or to the work or to the speci-
fications.
IN l-Ilr:':ESS I.:HE RE OF , this ~ns tru:ncmt h as been duly executed. by the Princ.i.pal
and Surety this 30th day ofi June 1980 • -
(To be signed by
Principal and Surety
and ackno,.,ledgment
and notarial seal
attached. )
uNlmr PA'CIFIC TNSURAlICE' tOMfAU'Y
Surety
!il1-'
'Attorney· In • F~~'
The above bond is accepted and approved this ___ --'day of.
________ • 19
. ,
•
State of California
ss:
County of SANTA CLARA
On June 11th • 19 80. before me. the undersigned. a Notary Public in and for said County.
personally appeared LAURA A. SKINNER known to me to be the person whose name is
subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged
to me that She subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Suretvo.and h ""--.ilwn name as
A t . -F DIIDIIIIllllIlt.Utllllltl1U1111PlltulfllilOHilOfl •
t orney~ln~ act. iii OFF"ICIAL SEAL =
My Commission expires _____ ---''''=-.<,4''':.;1_,_-', 19
80U-1818 EO. 3n2 (CALlF.l
i' ROSALIND J. SUR § = NOTARY PlJIlUC -CALIFORNIA :: = PIUtiCIPAl. OffiCI; IN mE ::: = CQ.m'i'l '-if. SANTA CLAJ(A :: § My CommIssion E.\'p.r~5 June 21, )980 r
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UNITED PACIFIC INSURANCE
HOME OFFICE. TACOMA, WASHINGTON
BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A·310 (FEB. 1970 ED.!
KNOW ALL MEN BY THESE PRESENTS, that we
COLLISHAW CORPOPATION
j"P _ ~/.:5
'7/-0 .:J.S' COMPANY
Bond No. ______ _
as Principal, hereinafter called the Principal, and the UNITED PACI F IC INSURANCE COMPANY of
Tacoma, Washington, a corporation duly organized under the laws of the State of Washington, as
Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF CUPERTINO
as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF AMOUNT OF BID
SUBMITTED-----------------------------------Dollars ($ (10%) ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
VARIAN PARK #80-01
NOW, THEREFORE.. if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for
the faithful performance of such Contract and for the prompt payment of labor and material fur-
nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 11th day of June A.D. 19 80
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(Title)
, .
UNITED PACIFIC INSURANCE COMPANY'
BDU·2305 Ed. 10-73