80-019a R. L. Chaides Construction Company, Reconstruction of Curbs, Gutters and Sidewalks, Project No. 81-20\ f~ 1, (
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CONTRACT FOR PUBLIC WORK
CONTRACT made on March 13, 1981
by the CITY OF CUPERTINO, a municipal corporation of the state of
California, hereinafter called the City, and R. L. Chaides
Construction Company hereinafter called the Contractor
IT IS HEREBY AGREED by the parties as follows:
1. THE CONTRACT DOCUMENTS. The complete Contract consists of
the following contract documents:
A. Plans and Specifications for Reconstruction of Curbs,
Gutters and Sidewalks, Project 81-20
B.Various bond and insurance requirements
C. Bid proposal referred to as Exhibit A
Any and all obligations of the City and the Contractor are
fully set forth and described herein.
All of the above documents are intended to cooperate so that
any work called for in one and not mentioned in the other, or vice
versa, is to be executed the same as if mentioned in all of said doc-
uments. The documents compri~lng the complete contr~ct are sometimes
hereinafter referred to as the Contract Documents. In case of conflict
between the plans and Specifications on the one hand, and this Con-
tract on the other, the Plans and Specifications shall prevail.
2. THE WORK. The Contractor agrees to furnish all of the
tools, equipment, apparatus, facilities, labor, transportation, and
material necessary to perform and complete in a good and workmanlike
manner, the work of Reconstruction of Curbs, Gutters and Sidewalks
Project 81-20 as called for, apd in the manner designated in, and in
strict conformity with, the Plans and Specifications prepared by the
following named person: Mr. Bert J. Viskovich, Director of Public
works and adopted by the city, which plans and Specifications are
entitled, respectively, Reconstruction of Curbs, Gutters and Sidewalks
Project 81-20 and which Plans and Specifications are identified by the
signatures of the parties to this Contract. It is understood and
agreed that said tools, equipment, apparatus, facilities, labor,
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transportation, and material shall be furnished, and that said work
shall be performed and completed as required in said Plans and
Specifications under the sole direction and control of the contractor,
but subject to the inspection and approval of the city, or its
representative. The City hereby designates as its representative for
the purpose of this Contract the following named person: Mr. Bert J.
Viskovich, Director of public Works
3. CONTRACT PRICE.
Contractor agrees to accept,
to be done, the sum of:
The city agrees to pay, and the
in full payment for the work above agreed
Seven Thousand
($7,286.00)
Two Hundred Eighty-Six and no/IOO Dollars
subject to additions and deductions as provided in the Contract
Documents.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dis-
pute arise respecting the true value of any work done, of any work
omitted, or of any extra work which the Contractor may be required to
do, or respecting the size of any payment to the Contractor during the
performance of this contract, said dispute shall be determined either
by reference to the unit of prices, if applicable, or in accordance
with the agreement of prices, if applicable, or in accordance with the
agreement of the parties, or in accordance with the rules of the A-
merican Arbitration Association if the parties are unable to agree.
5. PERMITS; COMPLIANCE WITH LAW. The Contractor shall, at his
expense, obtain all necessary permits and licenses, easements, etc.,
for the construction of the project, give all necessary notices, pay
all fees required by law, and comply with all laws, ordinances, rules
and regulations relating to the work and to the preservation of the
public health and safety.
6. INSPECTION BY THE CITY. The Contractor shall at all times
maintain proper facilities and provide safe access for inspection by
the City to all parts of 'the' Work, and to the shq,ps wherein the work
is in preparation. Where the Specifications require work to be spe-
cially tested or approved, it shall not be tested or covered up with-
out timely notice to the City of its readiness for inspection and
without the approval thereof or consent thereto by the latter. Should
any such work be covered up without such notice, approval, or consent,
it must, if required by the City, be uncovered for examination at the
Contractor's expense.
7. EXTRA OR ADDITIONAL WORK &~D CHANGES. Should the city at
any time during the prog:es~ of the work require any alterations,
deviations, additions or om~ss~ons from the Specifications or Plans or
other Contract Documents, it shall have the right to do so, and the
same shall in no way affect or make void the contract, but the cost or
value thereof will be added to, or deducted from, the amount of the
contract price, as the case may be, by a fair and reasonable val-
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uation, which valuation shall be determined either by reference to the
unit prices, if applicable, or in accordance with the agreement of the
parties, or in accordance with the rules of the American Arbitration
Association if the parties are unable to agree. No extra work shall be
performed or change be made except·by a written order from the city,
duly authorized by resolution of its governing body, and by all a-
gencies whose approval is required by law, stating that the extra work
or change is authorized, and no claim for an addition to the contract
sum shall be valid unless so ordered.
8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall
have the right to make changes in this Contract during the course of
construction to bring the completed improvements into compliance with
environmental requirements or standards established by state and Fed-
eral statutes and regulations after the Contract has been awarded or
entered into. The Contractor shall be paid for by such changes either
by reference to the unit prices, if applicable, or in accordance with
the agreement of the parties, or in accordance with the rules of the
American Arbitration Association if the parties are unable to agree.
9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract
may be terminated, amended or modified, with the mutual consent of the
parties. The compensation payable, if any, for such termination, a-
mendment or modifications, shall be determined either by reference to
the unit price, if applicable, or in accordance with the agreement of
the parties, or in accordance with the rules of the American Arbitra-
tion Association if the parties are unable to agree.
10. TIME FOR COMPLETION. All work under this contract shall
be completed:
within Twenty-Five Working Days after Award of contract
If the Contractor shall be delayed in the work by the acts or
neglect of the City, or its employees, or those under it by contract
or otherwise, or by changes 9rdered in the work, or by strikes, lock-
outs by others, fire, unusual delay in transportation, unavoidable
casualties or any causes beyond the Contractor's control, or by delay
authorized by the City, or by any cause which the City shall determine
justifies the delay, then the time of completion shall be extended
accordingly.
This paragraph does not exclude the recovery of damages
delay by either party under other provisions in the Contract
uments.
for
Doc-
11. INSPECTION AND TESTING OF MATERIALS. The Contractor shall
notify the City a sufficient time in advance of the manufacture or
production of materials to be supplied by him under this Contract, in
order that the city may arrange for mill or factory inspection and
testing of the same, if the City requests such notice from the Con-
tractor.
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12. TERMINATION FOR BREACH, ETC. If the Contractor should be
adjudged a bankrupt, or if he should make a general assignment for the
benefit of his creditors, or if a receiver should be appointed on
account of his insolvency, or if he or any of his subcontractors
should violate any of the provisions of the Contract, the city may
serve written notice upon him and his surety of its intention to ter-
minate the Contract, such notice to contain the reasons for such in-
tention to terminate the Contract, and, unless within ten days after
serving of such notice, such violation shall cease and satisfactory
arrangements for correction thereof be made, the Contract shall, upon
the expiration of said ten days, cease and terminate. In the event of
any such termination, the City shall immediately serve written notice
thereof upon the surety and the Contractor, and the surety shall have
the right to take over and perform the Contract; provided, however,
that, if the surety within fifteen days after the serving upon it of
notice of,termination does not give the city written notice 'of its
intention to take over and perform the Contract, or does not commence
performance thereof within thirty days from the date of the serving of
such notice, the city may take over the work and prosecute ~he same to
completion by contract; or by any other method it may deem advisable,
for the account and at the expense of the Contractor, and the Con-
tractor and his surety shall be liable to the City for any excess cost
occasioned by the City thereby, and in such event the City may, with-
out liability for so doing, take possession of, and utilize in comp-
leting the work, such materials, appliances, plant and other property
belonging to the Contractor as may be on the site of the,work and
necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the amount which the City may
retain under Paragraph 21 of this Contract until the final completion
and acceptance of all work covered by the Contract, the city may
withhold from payment to the Contractor such' an amount or amounts as
in its judgment may be necessary to pay just claims against the Con-
tractor or any subcontractors for labor and services rendered and
materials furnished in and about the work'. The city may apply such
withheld amount or amounts ~Q the payment of such claims in its dis-
cretion. In so doing, the c'ity shall be deemed th~ agent of the Con-
tractor, and any payment so made by the City shall be considered as a
payment made under the Contract by the City to the contractor, and the
City shall not be liable to the Contractor for any such payment made
in good faith. Such payment may be made without prior judicial deter-
mination of the claim or claims.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the
other under the Contract shall be in writing, and shall be dated and
signed either by the party giving such, notice, or by a duly authorized
representative of such party. Any such notice shall not be effective
for any purpose whatsoever unless served in the following manner: (al
if the notice is given to the city either by personal delivery thereof
to the Ci ty ~lanager of the city, or by deposi ting the same in the
United States mails, enclosed in a sealed envelope, addressed to the
City, postage prepaid and certified; (b) if the notice is given to the
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contractor, either by personal delivery thereof to the
to his duly authorized representative at the site of
by depositing the same in the United states mails,
sealed envelope, addressed to said Contractor at:
680 Aldo Avenue, santa Clara, CA 95050
Contractor, or
the project, or
enclosed in a
postage prepaid and certified; and (c) if the notice is given to the
surety or any other person, either by personal delivery to such surety
or other person, or by depositing 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 or person last com-
municated by him to the party giving the notice, postage prepaid and
certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part
thereof, nor moneys due or to become due thereunder, may be assigned
by the Contractor without the prior written approval of the city.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by
patent or proprietary name, or by name of manufacturer, such Spec-
ifications must be met by Contractor, unless the City agrees in
writing to some other material, process or article offered by Con-
tractor which is equal in all respects to the one specified.
17. CONTRACT SECURITY. The Contractor shall furnish a surety
bond in an amount at least equal to one hundred percent (100%) of the
contract price as security for the faithful performance of this Con-
tract. The Contractor shall also furnish a separate surety bond in an
amount at least equal to one hundred percent (100%) of the contract
price as security for the payment of all persons for furnishing ma-
terials, provisions, provender, or other supplies, used in, upon, for
or about the performance of the work contracted to be done, or for
performing any work or labor thereon of any kind, and for the payment
of amounts due under the Unemployment Insurance Code with respect to
such work or labor in conne~tion with this Contract, and for the pay-
ment of a reasonable attorney's fee to be fixed b~ the court in case
suit is brought upon the bond.
18. INSURANCE. The Contractor shall not commence work under this
Contract until he has obtained all insurance required by the City, nor
shall the Contractor allow any subcontractor to commence work on his
subcontract until all similar insurance required of the subcontractor
has been so obtained and approved. The Contractor shall furnish the
City with satisfactory proof of the carriage of insurance required,
and there shall be a specific contractual liability endorsement ex-
tending the Contractor's coverage to include the contractual liability
assumed by the Contractor pursuant to this Contract and particularly
paragraph 19 hereof. Any policy of insurance required of the Con-
tractor under this Contract shall also contain an endorsement pro-
viding that thirty (30) days' notice must be given in writing to the
City of any pending change in the limits of liability or of any can-
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cellation of modification of the policy.
(al WORKMEN'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take out and maintain during the life
of this Contract Workmen's Compensation Insurance and Employer's Li-
ability Insurance for all of his employees employed at the site of the
project and, in case any work is sublet, the Contractor shall require
the subcontractor similarly to provide Workmen's Compensation In-
surance and Employer's Liability Insurance for all of the latter's
employees unless such employees are covered by the protection afforded
by the Contractor.
In signing this Contract the Contractor makes the following cer-
tification, required by section 1861 of the Labor Code:
"I am aware of the provisions of Section 3700 of
which require every employer to be insured against
workmen's compensation or to undertake self insurance
with the provisions of the code, and I will comply
visions before commencing' the performance of the
contract."
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the Labor Code
liability for
in accordance
w:i,th such pro-
work of this
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(b) LIABILITY INSORANCE. The Contractor shall take out and
maintain during the life of this Contract such Bodily Injury Liability
and Property Damage Liability Insurance as shall protect him any
subcontractor performing work covered by this Contract from claims for
property, damage, including third-party property damage, to include
coverage on property in the care, custody and control of the
Contractor, and also including what are commonly known as the "X, C,
and 0" exclusions (having to do with blasting, collapse, and
underground property damage), which may arise from Contractor's
operations under this Contract, whether such operations be by himself
or by any subcontractor or by anyone directly or indirectly employed
by either of them and the amounts of such insurance shall be as
follows:
Bodily Injury Liability Insurance in an amount not less than
$300,000.00 for injuries, including accidental death, to any
one person, and subject to the same limit for each person, in
an amount not .less than $500,000.00, on account of one
accident, and Property Damage Liability Insurance in an amount
not less than $200,000.00. The City and its officers and
employees, shall be named as additional insureds on any such
policies of insurance, which shall also contain a provision
that the insurance afforded thereby to the City, its officers
and employees, shall be primary insurance to the full limits of
liability of the policy, and that, if the city, or its officers
and employees, have other insurance against a loss covered by
such policy, such other insurance shall be excess insurance
only.
19. HOLD HARMLESS. The Contractor will save, keep, and hold
harmless the City and all officers, employees, and 'agents thereof from
all damages, costs, or expenses, in law or in equity, that may at any
time arise or be set up because of personal injury or damage to prop-
erty sustained by any person or persons by reason of, or .in the course
of the performance of said work, or by reason of any infringement or
alleged infringement of the patent rights of any person or persons,
firm or corporation in consequence of the use in;on, or about said
work, of any article or material supplied or installed under this
Contract. Notwithstanding the above, the Contractor shall wherever it
is necessary keep and maintain at his sole cost and expense during the
course of his operations under this Contract such warnings, signs, and
barriers as may be required to protect the public. The provisions of
the preceding sentence shall not impose any liability upon the City
and are for the express benefit of the general public.
20. HOORS OF WORK. Eight hours of labor during anyone calendar
day and forty hours of labor during anyone calendar week shall con-
stitiute the maximum hours of service upon all work done hereunder,
and it is expressly stipulated that no laborer, workman,. or mechanic
employed at any time by the Contrator or by any subcontractor or sub-
contractors under this Contract, upon the work or upon any part of the
work contemplated by this contract, shall be required or permitted to
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work thereon more than eight hours during anyone calendar day and
forty hours during anyone calendar week, except, as provided by Sec-_
tion 1815 of the Labor Code of the state of California, work performed
by employees of contrators in excess of eight hours per day and forty
hours during any one-week shall be permitted upon public work upon
compensation for all hours worked in excess of eight hours per day at
not less than one and one-half times the basic rate of pay. It is
further expressly stipulated that for each and every violation of
sections 1811-1815, inclusive, of the Labor Code of the state of Cal-
ifornia, all the provisions whereof are deemed to be incorporated
herein, the Contractor shall forfeit, as a penalty to the city, twen-
ty-five Dollars ($25.00) for each laborer, workman, or mechanic em-
ployed in the execution of this Contract by Contractor, or by any
subcontractor under this Contract, for each calendar day during which
said laborer, workmen, or mechanic is required or permitted to work
more than eight hours in anyone calendar day and forty hou~s in any
one calendar week in violation of the provisions of said sections of
the Labor Code.
The Contractor, and each subcontractor, shall keep an accurate
record showing the names of and actual hours worked each calendar day
and each calendar week by all laborers, workmen, and mechanics em-
ployed by him in connection with the work contemplated by this Con-
tract, which record shall be open at all reasonable hours to the in-
spection of the City or its officers or agents and to the Division of
Labor Law Enforcement of the Department of Industrial Relations of the
state of California.
21. WAGE RATES. Pursuant to the Labor Code of the State of
California, or local law thereto applicable, the city has ascertained
the general prevail~ng rate of per diem wages and rates for holidays
and overtime work l.n the locali ty in which this work 'is to be per-
formed, for each craft, classification, or type of laborer, workman,
or mechanic needed to execute this Contract. The prevailing wages so
determined are set forth in the Specifications and made a part hereof.
Neither the notice invittng bids nor this Contract shall constitute a
representation of fact as to the prevailing wage rates upon which the
Contractor or any subcontractor under him may base any claim against
the City. !:
It shall be mandatory upon the Contrator, and upon any subcon-
tractor under him, to pay not less than the said specified rates to
all laborers, workmen, and mechanics employed in the execution of the
Contract. It is further expressly stipulated that the Contractor
shall, as a penalty to the City, forfeit twenty-five dollars ($25.00)
for each calendar day, or portion thereof, for each laborer, workman,
or mechanic paid less than the stipulated prevailing rates for any
work done under this Contract by him or by any subcontractor under
him; and Contractor agrees to comply with all provisions of section
1775 of the Labor Code.
In case it becomes necessary for the Contractor or any subcon-
tractor to employ on the project under this Contract any person in a
trade or occupation (except executives, supervisory, administrative,
clerical, or other non-manual workers as such) for which no minimum
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wage rate is herein specified, the Contractor shall immediately notify
the city, who will promptly thereafter determine the prevailing rate
for such additional trade or occupation and shall furnish the Con-
tractor with the minimum rate based thereon. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupa-
tion from the time of the initial employment of the person affected
and during the continuance of such employment.
22. ACCIDENT PREVENTION. Precaution shall be exercised at all
times for the protection of persons (including employees) and proper-
ty. The safety provisions of applicable laws t building and construc-
tion codes shall be observed. Machinery, equipment t and other hazards
shall be guarded or eliminated in accordance with the safety pro-
visions of the Construction Safety Orders issued by the Industrial
Accident Commission of the State of California.
23. PAYMENT. Not later than the fifteenth day of each calendar
month, the City will make partial payment to the Contractor on the
basis of a duly certified approval estimate of the work performed and
materials incorporated in the project, during the preceding calendar
month t by the Contractor, but the City will retain ten percent (10%)
of the amount of 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 completion of all work covered by this Contract, if
such notice be recorded within 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 within ten dayst
until, the expiration of ninety-five (95) days after the acceptance of
completion of such work of improvement as evidenced by resolution of
its governing body, at which time and not before, the City shall pay
to the Contractor the whole of the remaining ten percent (10%) of said
contract price so held back as provided; said certificates to be
furnished by and obtained from the City's representative shall, before
the last Tuesday of each month, deliver said certificates under his
hand to the City, or in lieu of such certificates, shall deliver to
the Contractor, in writing, under his hand, a just and true reason for
not issuing the certificates, including a statement of the defects, if
any, to be remedied, to entitle the Contractor to the certificate or
certificates. In event of the failure of the city'~ representative to
furnish and deliver said certificates or any of them, or in lieu
thereof, the writing aforesaid, within ten (10) days after the times
aforesaid, and after written demand has been made upon him for the
same, the Contractor may file demand with the City, and t in event said
certificates are not furnished within ten (10) days thereafter, the
same shall become due and payable.
In case the City's representative delivers the writing aforesaidt in lieu of the certificates, then a compliance by the contractor with
the requirements of said writing shall entitled the Contractor to the
certificates.
The payment of progress payments by the City shall not be cons-
trued as an absolute acceptance of the work done up to the time of
such payments, but the entire work is to be subjected to the inspec-
tion and approval of the city, and subject to whatever inspection and
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approval may be required by law.
24. PROTECTION OF PUBLIC UTILITIES. The City shall be respon-
sible, as between the parties to this Contract only, for the removal,
relocation, or protection of existing public utilities, if any, lo-
cated on the site of construction, but only if such public utilities
are not identified by the City in the plans and Specifications made a
part of the invitation for bids. The City shall compensate the Con-
tractor for costs incurred in relocating or repairing damage to util-
ity facilities not indicated in the Plans and Specifications, other
than service laterals when the presence of such utilities on the con-
struction-site can be inferred from the presence of such visible fa-
cilities as buildings, and meters and junction boxes on, or adjacent
to, the construction site. The Contractor shall not be assessed li-
quidated damages for delay in completion of the Contract project, as
provided in Paragraph 27 below, when such delay is caused by the
failure of the City, or other public utility, to provide for the re-
moval or relocation of the existing utility facilities. If the Con-
tractor while performing the Contract discovers utility facilities not
identified by the City in the Contract Plans and Specifications, the
service laterals as hereinabove described, he shall immediately notify
the City in writing.
25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor
shall not be responsible for the cost of repairing or restoring damage
to the work caused by an act of God. NEVERTHELESS, the Contractor
shall, if the insurance premium is a separate bid item, obtain the
insurance to indemnify the City for any damage to the work caused by
an act of God. "Acts of God" shall include only the following occur-
rences or conditions and effects: earthquakes and tidal waves, when
such occurrences or conditions and effects have been proclaimed a
disaster or state of emergency by the Governor of the State of Cali-
fornia or by the president of the United States, or were of a mag-
nitude at the site of the work sufficient to have caused a proclama-
tion of disaster or state of emergency having occurred in a populated
area. Subject to the foregoing, the City shall not, in any way or
manner, be answerable or suffer loss, damage, expense or liability for
any loss or damage that may.happen to said building, work, or equip-
ment or any part thereof, or!; in, on, or about the same during its
construction and before acceptance. '
26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guar-
antees the first-class quality .of all workmanship and of all mater-
ials, apparatus, and equipment used or installed by him or by any
subcontractor or supplier in the project which is the subject of this
Contract, unless a lesser quality is expressly authorized in the Plans
and Specifications, in which event the Contractor unqualifiedly guar-
antees such lesser quality; and that the work as performed by the
Contractor will conform with the Plans and Specifications or any
written authorized deviations therefrom. In case of any defect in
work, materials, apparatus or equipment, whether latent or patent,
revealed to the City within one (1) year of the date of acceptance of
completion of this Contract by the City, the Contractor will forthwith
remedy such defect or defects without cost to the City.
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27. LIQUIDATED DAMAGES. Time shall be of the essence of this
Contract. If the Contractor fails to complete, within the time fixed
for such completion, the work hereinbefore mentioned and described and
hereby contracted to be done and performed, he shall become liable to
.the City for liquidated damages in the sum of Fifty and no/lOO dollars
($50.00), for each and every day during which said work shall remain
uncompleted beyond such time for completion or unlawful extension
thereof, which sum shall be presumed to be the amount of damage
thereby sustained by the City since it would be impracticable or
extremely difficult to fix the actual damage, and the amount of
liquidated damages may be deducted by the City from moneys due the
Contractor hereunder, or his assigns and successors at the time of
completion, and the contractor hereunder, or his assigns and
successors at the time of completion, and his sureties shall be liable
to the city any excess.
28. ADDITIONAL PROVISIONS.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
Notary acknowledgment required.
If a corporation, corporate ,'se<;ll
and corporate notary .
acknowledgment required.
CITY OF CUPERTINO
CONTRACTOR: R. L CHAIDES CONSTRUCTION CO., INC.
ROBERT W. PURDY JR.
VICE PRES,
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STATE OF CALIFORNIA )
) ss.
COU~IY OF SANTA CLARA)
On • 19 ___ , before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the sane.
I?ITl<ESS my hand and official seal.
~;otary Public in a"d fvr the County
or Santa Clara. State of California
--------------------~---------------------------~---------------------------
CORPOR.UIO:; ACK~C::LEDGE:IE~T
STATE Of CALEOR.'\IA )
) 55.
conn' OF SA.:nA CLARA)
On AlAt2t:::.d "!' ,198/, befor~ !:le, the undersigned, a
Notary Public in and for the said State, personally appeared
12t:JBER.'·"" /AL R;pl>Y JR. , kno<.Jtl to me
1/ a . /. / /o#~/H('.
to be the W.t;£~/ ")2,E:;St'~ ofj64C.'#AI'I)Fr tOA4m, the
corporation that executed the within Instrument, knm<n to me to be the person
. who executed the within Instru~ent. on behalf of the Corporation herein named,
and acknowledged to me that such Corporation·e~ecuted the same,
IN liITNESS I<HEREOF, r 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. , (J!l 17() r~~~~-~~~~~ ~ ~,L AUDROEyFFICIAL SEAL ~ Notary Publi~ and for the County ~ < " .. ,,,I, ANNE CASHMAN " f S Cl St t f C l'f . " _~,;P • Nu·,..:..v p', '-1' ,~ -'"<l,,' ~ 0 anta ara t a e 0 a 1. ornl..a .~_ / .. \0. ..,lIk."' .... r.t'tU,',n,IA l.!> ~ "<. SAl", j A CLARA COUNTY ~
~ My Commission Expire, July, 13 1981 ~
~""7I>(?I1<9""'''''''''!)~':<!>'''''G<:>",!)*,(;<!).,Ji
.,
HOME OFFICE. TACOMA, WASHiNGTON
BID BOND
Bond No. ______ _
APPROVEO 8Y THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. OOCUMENT NO. A·310 IFEB. 1970 EOJ
KNOW ALL MEN BY THESE PRESENTS. that we R. L. Chai des Construction Co., Inc.
as Principal,hereinafter called the Principal. and the UNITED PACIFIC'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 (10%) Percent of the
amount bi d-----------------------------------Dollars IS ---------~------------l.
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 Reconstruction of Curbs, Gutters,
and sidewalks, Project 81-20
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 Pri,ncipal 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 bv said bid.
then this obligation shall be null and void. otherwise to remain in full force and effect.
Signed and sealed this 11 th !; day of Februar.y A.D. 1981
Stale of California
ss:
County of 'San Franc i 5 CO
On Febru.~ry 11 . 19 81 . before me. the undersigned,.a Notary Public in dnd tor said County.
personally appeared Camil Je S. Hurley known to me to be the person whose name is
subscribed to the within inSlrument as Attorney·In·Fact of UNITED PACIFIC INSURANCE COMPANY, and aCknowledged
to me that _S_he subscribEd the name of UNITED PACIFIC INSURANCE COMPANY, 3' Surety. and h er ()wn name as
AttorneY·in-Fac!'
-
. EDWARDS & LONGWELLO
P.O. BOX 5218· • SAN JOSE, CA 95150
871 COLEMAN AVE., SAN JOSE, CA 9511C)
(4081 288·8000 . i
R. L. Chaides Construction
.68.0 Aldo Av:enue
Co., Inc;'
Santa Clara, CA 95050
COMPANY TYPE OF INSURANCE POLICY NUMBER LETTER
GENERAL
A IX! COMPREHENSIVE FORM MP 46563
1:xJ PREMISES-OPERATIQNS [XI EXPLOSION AND COLLAPSE
HAZARD [i] UNDERGROUND HAZARD
[i] PRODUCTSICOMPlETEO
OPERATIONS HAZARD
[XJ CONTRACTUAl INSURANCE
[i] BROAD foRM PROPERTY
DAMAGE [i] INDEPENDENT CONTRACTO~
COMPANY A LETTER
COMPANY B LETTER
COMPANY C LETTER
COMPANY D LETTER
COMPANY E LETTER
POUCY EXPIRATION DATE
BODILY INJURY $
6/1/81
PROPERTY DAMAGE $
BODilY INJURY AND
PROPERTY DAMAGE • COMBINED
[iJ PERSONAL INJURY PERSONAL INJURY
AUTOMOBILE BODILY INJURY •
(EAC~ PERSON)
A [i] COMPREHENSIVE FORM MP 46563 6/1/8J. BODILY INJURY iii OWNED (EACH ACCIDENT)
Iii HIRED
iii NON.aWNEO
EXCESS LIABILITY o UMBREUA FORM
BODILY INJURY AND
PROPERTY DAMAGE o OTHER THAN UMBRELLA COMBINEO
FORM
and
EMPLOYERS·LlABILlT.Y
DESCRIPTION OF OPERATIONS/lOCATIONSNEHICLES
Re: Reconstruction of Curbs, Gutters and Sidewalks *81-20
Chaides No. 81015
,
$
$
$
$
$
500 • 500
•
..
500
Cancellation: Should any of the above described policies,.be cancelled before the expiration date thereof, the issuing com·
pany will endeavor to mail ....3..0...... days written notice to the below named certificate holder. but failure to
mail such notice shall impose no obligation or liability of any kind upon the company. ":.
ACORD 2S (1.79)
NAME AND ADDRESS OF CERTIFICATE HOLDER:
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
DATE ISSlJID.._--=3_-.:.6_-.:.8=1 ____ -------
~, '
I . "--1:'''' BOND #U 31 51 59
LABOR ""'10 }lATERIAL BOND
KNOH ALL HEN BY THESE PRESENT:
HHEREAS, the City of Cupertino, State of California, and
R. L. ehaides Construction Co., Inc.
Premium: included in Perfor-
mance Bond.
hereinafter designated as "Principal" have entered in to or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and
HHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that: if said ,Principal, or any of his or its sub-
contractors, shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind,
tne surety on said bond shall pay the same to the extent hereinafter set forth;
No;~, THEREFORE, we, the Principal, and _",U,-,n.:.i.:::t",ed",-,-Pa=c.:..i f:..l.:..· c::-I::.;n.:.:s"'u"'r....,a"'n-"c"'e'-___ _
Company
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, pers,ons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or about the per-
formance of the aforesaid ,,'ork contracted to be executed or performed under the
contract hereinabove mentionad, and all persons, companies or corporations lend-
ing or hiring teams, implements or machinery) for or contributing to said "ork
to be done, and all persons "ho perform work or la~or upon the same, and all
persons who supply both work and materials, whose claim has not been paid by
Principal or by any other person, in the just and full sum of
Seven Thousand Two Hundred Eighty-Six and no/lOO Dollars
($ 7,286.00 ) .
TUE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its
subcontractors) heirs, executors, administrators, successors or asSigns, shall
fail to pay for any materials, provisions, provender or other supplies or teams
used in;. upon, for or about the performance of the ,·,ork contracted to be dcne,
or for any "'ark or labor thereon of any kind, or for amounts due und"r the Un-
employment Insurance Act ~"ith respect to such work or labor, then said Surety
will pay the sam" and also '-lill pay in case suit is brought upon this bend,
such reas onab Ie at torney's fee as shall be fixed by the Court.
This bond shall inure to th" benefit of any and all persons ,. companies, and
corporations entitled to file claims und"r Section 1184.1 of the Code of Civil
Procedure, so as to give a right of action to them or their assigns in any sui t
b rough t upon this bond.
and N:lte rial Bond Pase 2
And the said Surery, for value received, heroby stipulates, ,md agrees
that nO chcngc, extension of time, alter.:.ltion or audition to tllC terms of
·the contract or to the work to be pcrforrr:;od thereunder or thc specific:ltions'
accomp.1l1ying the same shall in any tJisc. affect its obligations on this bond,
and it does hereby \·,aive noticc of any such change, extension of time, alter-
ation or addition to the terms of the controct or to the work or to the speci-
fications.
IN ;HTNESS I-IHE RE OF , this instrument has been duly executed, by the Principal
and Surety this 9th day of March 81
(To be signed by
Principal and Surety
and acknOH ledgmen t
and notarial seal
attached.)
By:
Uni ted
Attorney-in-Filet
The above bond is accepted and approved this ______ ~day of
__________ ~ ___ , 19
"
"
STATE OFjCALtFORNIA )
. So::. '" ~ .... cisC',,) 55 ~ ,
COUNTY OF oSMI'fA: 6b'iR,',)
On March 9 , 19l1l-, before me, the undersigned, a
Notary Public in and for said State, personally appeared
Camille S. Hurley
known to me to be the persons whose names are subscribed to the within
Instrument, and a::knowledged to me that they executed the sacte.
I,ITNESS illy hand and official
TERRI DE LA HOUSAVE
NOTARY PUBLlC·CALIFORNIA
City and County of SAN FRANCISCO
My Commission Expirc5 Nov, 19, 1932
Xotary
of ~aRlaa: elara, State of
S:tt"l ~D...,e:SCo
California
--~---------------------------------------------~--------~------------------
STATE OF CALIrO~'IA )
) 55,
COCNTY OF SA:UA CLARA)
On March] 2 , .19 81 , be fore me, the undersigned, a
Notary Public in and for the said State, personally appeared
Robert W. Purdy. Jr~:cc-__________ ~, known to me
to be the Vice-President of Chaides Construction, the
corporation that executed the within InstruQent, known to me to be the person
. who executed the within. Instrument .. on behalf of the Corporation herein named 9
and ack~owledged to me t~at such Corporation'executed the same .
. 1:.1 I<ITNESS WHEREOF, I have hereunto set I:ly hand-and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above "rirren.
No tary Publi l.
of Santa Clara,
,
UNITED PACIFIC INSURANCE COMPANY
HOME OFFICE. TACOMA, WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC CNSURANCE COMPANY. a corporation dulv organized under the laW$: of the
State 01 Washington, does hereby make, conuitute and appoint
CAMILLE S. HURLEY OF SAN FRANCISCO CAllFORNIA·--------------
iu truti and lawful Attorney-in.fact, to make ex.(l:eute. seal and deliver for and on its behalf, and as its act.and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP----------------
and to bind the UNITED PACIFIC INSURANCE COMPANY Iherebv as fully and to ,he $ame ClCtent as if such bonds and undEiftakings and other
WTltings obligatorv in the nacur!'!' thereof were signed bV an Executive Qfffou of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested'
by One other of such officers. and hereby ratifies and conflrms all that 11$ said Atlornev(sl·in·fact may do in pl..Ir .. uance hereof.
Thi, Power of Attorney i, granted under and by authority of Section 37A of the By· Law, of UNITED PACIFIC INSURANCE
COMPANY which provisions are nOW in full force and effect, reading as follows:
SECTION 37A -ATTORlIlEYS·IN·FACT
SECTION 1. The Board of Directo(s, the President, or any Vice-President or ASllstant Vice·President shall haw power and authority to; (a) appoint
Attorneys-in.fact and to authorize them to exeeure on behalf of the Company, bonds and undertakings, recognizanees, contracts of indemnity and other
writings obligatory in the nature thereof. and (bi to remove any such AttorneY'ln.fact at any time and revoke the power and al..lthority given to him.
SECTION 2. Auorney~·in.faci shall have power and authority, subj~ct to the tetms and limitations of the power of aHorney inued 10 them. to execute
and deliver on behalf of the Company. bonds and undertaking'S, recognizances, contracts 0' indemnity and other writings obligatory in the nature thereof.
The cotporate seal is not necessary for the validitv of any bonds and undenakings. recognlzl;m(;es, contracts 0' indemnity and other writings obligatory in
the nature thereof.
This P01Nll'f of attorney is signed and sealed bV facsimile under and by authotttv of the following Re50lulion adopted by the Board of OireC1Ors of
UN.ITED PACIFIC INSURANCE COMPANY at a.meetlng held on the 26th day of October. 197}, at whIch a Quorum was present. and said Resolution
has not been amended Of f",pealed:
"Resolved, that the signaturn ot such director$ and officers and Ihe seal of the Company may be affixed fO any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney Or ;;ertl!ica1e bearing such facsimile
signatures Of facsimile seal shall be valid and binding upon· the Company and any such power $0 executed and certified by
faC1imile signatures and faCSImile seal shall be valid and bmdm{J upon the Company in the future with respect to any bond or
undertaking to whk:h it is attached,"
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be <;,I.gned by its Vice..president. and its corporate
. .. 2nd March 78 seal to be hereto affixed, thIS day of 19 __ "
STATE OF
COUNTY OF
Washington
Pierce
UNITEO PACIFIC INSURANCE COMPANY
On thi,_=2",n:.;;d'-_daV ol_-'M=a .. r.,c"'h'-____ . 19~1l p."onally .ppear.d ___ -'WM=.:....:J:..:. . ....;:C"OT=T:.:ER= _________ _
__________________ • to me known to be the Vice·Presldent of the UNITeD PACIFIC INSURANCE COMPANY. and
acknowledged that he e:Kecuted and attested the foregoing in1(rUment and affixed ,he seal of said corpora_ion thereto, and that Section 37A.Section t
and 2 ot the By-Laws of said Company and the Resolution, set forth thereIn, are stili rn full force.
MV COmm;,,,on Exp;r'" _~ • .J...J.!Lj,w,."3 ........ ~, .......... o.Il ...... -7n!.!l..:..-'t./;"jL!I:~~a:"4~Q"d-:.1-_
January 15 82 () Washington ~
----..::.-..::.----. 19 ---Notary Public in and fot State of
Tacoma Residing at _--=:.:::.:::.::::... _____________ _
I, Gerald C ~ Lyon , Assi'uant Secretary of the UNITED PACIFIC INSURANCE COMPANY. do hereby cet'lify that the
above and foregoing is a vue and correct copy of a Power 0' Attorney executed by said UNITE PAClflC INSURANCE COMPANY. which is nill in full
foree and effect,
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of said Compa
BOU.143, ED.2·72
,
FAITHFliL PERFORHANCE BOND
Kl~OW ALL MEN BY THESE PRESENTS:
THAT WE, R: L. Chaides Construction Co., -Inc.
as Principal and United Pacific Insurance Company
Bond U 31 61 69
Premium: $656.00
as Surety are held and firmly bound unto the City of Cupertino, S'tate of Califprnia,
in the sum of Seven Thousand Two Hundred Eighty-Six and DollOO Dollars
($ 7,286.00 ) 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 February 11, 1981
with the Obligee
to do and perform the following work to-wit:
Reconstruction of Curbs, Gutters and Sidewalks, Project 81-20
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; othen~ise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety this 9th day of March 81
(To be signed by Principal
and Surety and acknowledgment~)
By:
Attorney-in-Fact
The above bond is accepted and approved this _____ ,day of ______________ __ 19
,
STATE OF CALIFORNIA ) ~-:r ""tru .. c i S~ /» ss.
COUliTY OF Si\:N'I.'A eb\ll:A9-
On March 9th • 19 8L before me, the undersigned, a
Notary Public in and for said State, personally appeared
CAMILI E S. HI IRI EY
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowl.edged to me that they executed the satte.
I.'ITlIESS mr hand and official seal ~~I~~f)ed·. ~ TERRI DE LA HOUSAVE --
NOTARY puaLlC-CALIFORNIA :;otary Public in and fur CilyandCOunwofSANfRANCIS~~ of Santa elata, State of
My Commission f<piles Nov. 19, 1 SIl'1 '::fo/'o.. n c; sc 0 --~~~~-~---:::----~----~------------~---------------------------
CORPOR-uro:; ACK:;C:·.1..EDGE:·IE:;r
STATE OF CALEO!L\IA )
) ss.
COt'liIT OF S.-I..'1TA CUR.,,)
On March 12 ,.19$1 ,before r.1e, the undersigned, a
Notary Public in and for the said State, personally appeared
___ .....!R!:.;o!!b<.!e"'r'-'t~W!!c."--'P!:..ur~;!dY:u.,-E.J.,;.r:.o.'----:-___________ , known to me
to be the Vice-President or Qhaides Construction. the
corporation that executed the ",itl}in Instrument, known to me to be the person
. who executed .the within Instrument, on behalf of the Corpol;ation herein named,
and aCknowledged to me that such Corporation executed the same.
IN I~ITI1ESS WHEREOF, I have hereunto set my hand and a·ffixed my official
seal in the County of Santa Clara the day and year in this certificate first
above w ci t ten. Q,~aA1e~~
Notary:PUbiiC(ip. and for the County
of Santa Clara, State of California
•
UNITED PACIFIC INSURANCE COMPANY
HOMe: OFFICE, TACOMA, WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFiC INSURANCE COMPANY, it. corporation duly organi:ced under 1M laws of the
Stale of WashingtOn, does hareby maka. constituu! and appoint
CAMILLE S. HURLEY OF SAN FRANCISCO CALlFORNIA·--------------
its true and lawful AUorney.in~fac(, to make execule. seal and deliwr lor and on its be:half, and as its act.,8nd deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP----------------
and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as lullV and 10 the same extent as if such bonds and undertakings and olMr
writings obligatory in the natuHI: thereof were signed by an Sxecutive Ofticer of the UNITED PACIFfC INSURANCE COMPANY and sealed and attes1ed
by one other of such officefS. and hereby ra1ifies and confirms all that its said Attorneyis) -in-fact may do in pursuance hereof,
This Powe, of Attorney is granted under and by authority of Section 37A of the By·Laws of UNITED PACIFIC INSURANCE
COMPANY which provisions are now in full force and effect, reading as follows:
SECTION 37A -ATTORNEYS·IN·FACT
SECTION 1. The Board of Directors. the Presiden!, or any Vlce,Pre~ident or ASSI$tanl Vice-Presiden~ shall have power and authority to: (aj appoint
Attornevs·in·fact and to authorize them to execute on behalf of the Company. bonds and undertakings. recognizances, contracts of indemnity and other
v«itings obligatory in the nature thereof, and fbI to remove any such AttOrney-in.lact at any time and revoke the power and authority given to him,
SE eTION 2. Attorneys-in-tact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company. bonds and undertakings. recognIzances, contracts of indemnitY and other writings obligatory in the nature thereof.
The corporate seal is not necessary fot the validjty of any bonds and undertakings. recognIzances, contracts of indemniw and othe( writingJ oblig.uory in
the nature thereof.
This power of attorney is signed and sealed by facsimile under and by authonty of the fOllowing Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY al a,meetlng held on the 26th day of October, 1971, at which a Quorum was present. and said Resolution
has not been amended or repealed:
"Resolyed. that the Slgnatu(es of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by faCSimile, and any such power of auorney or c1utificate bearing such facsimile
signatures or facsimHe seal shall be valid and binding upon' the Company and any !uch power so executed and certified by
facsimile signatures and faCSimile seal shalf be valid and binding upon the Company in the future with respect 10 any bond or
undertaking to which it is anached."
iN WITNESS WHEREOF, the UNITED PACI FIC INSURANCE COMPANY has caused Ihese presents to be signed bV its Vice-President, and its corporate
. 2nd. March 78 $eat to be hereto affixed, lhl$ day of 19 __ .
STATE OF
COUNTY OF
Washington
Pierce
UNITED PACIFIC INSURANCE COMPANY
{j Vice-President
On th;, __ .:::2",n",d.,-_,da, 01 _-,M"a""rt.-'!c,,h~ ____ . 19~~ .o"ona", anp,."d _____ -'-VlM=.'-.:J:..:.. -=.C.;;OT=T::E::R"'-_________ _
__________________ , to r'I'\e knOwn to be the Vice-Pre\ldenl of the UNITED PACIFIC INSURANCE COMPANY, and
acknowledged that he executed and attested the foregOing instrument and affixed the sea! of said COrponHion thereto, and that Section 37A. Section 1
and 2: of the By·L,;,ws of said Company and the fiesolUlIon. set fonh therern. are still in full fOfce
My Comm""on E xp""· _~xtQ.."'~~....= .. ::;.,_1>1>.""_I8~-"__7n!LL.!. • ...i.t.I&J'!:.tQ"O!,!~"!!!5Q"d*,_~
January 15 82 U Washington V
----..::.------. 19 ---Notary Public in and for State 01
Tacoma Residing at _....;;.;..;;..;c::::::... _____________ _
I, Gerald C. Lyon . Asmtant Secretary of the UNITEO PACIFIC INSURANCE COMPANY. do hereby certify that the
above and torelgolng i$ a true and correct copy of a Power 01 Attorney executed bv said UNITE PACIFIC INSURANCE COMPANY. which is still in full
force and e1'ect.
IN WjTNESS WHEREOF. I have hereuntO set my hand and affixed the seal of said Compa --BDU·14Jl ED.2·72