03-064 Civic Center Park, Robert Bothman~:,~
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
I~li~~~4~'~'~'N~'~il~l ~~~`r: ~ ',
Bf2ENDA DAV l S RDE # 009/007
S~aNTA CLARA COUNTY RECORDER 11/24;2004
R~=_corded at the request of 10 41 AM
City
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE INACCORDANCE
WITH GOV. CODE 6103
CERTIFICATE OIL COMPLETION
AND
NOTICE OF ACCEPTAT~CE OF COMPLETION
CITY CENTER PARK PROJECT
PROJECT N0.2003-9313
Original
O For Fast Endorsement
`~~
CITY OF
CUPEI~TINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
ANI)
NOTICE OF ACCEPTANCE OF COMPLETION
CITY CENTER PARK PROJECT,
PROJECT N0.2003-9313
NOTICE IS HEREBY GIVEN THAT I, R~~lph A. Qualls, Jr., Director of Public Works
and City Engineer of the City of Cupertino, California, do hereby certify that the work and
improvements in hereinafter described in the contract which was entered into, by, and between
the City of Cupertino and Robert A. Bothman, Inc. on August 19, 2003, in accordance with the
plans and specifications for said work, have been completed to my satisfaction and acceptance of
completion was ordered on November 16, 2004.
That said work and improvements consisted cf furnishing all labor, materials, tools, and
equipment required to complete said project, all ~~s more particularly described in the plans and
specifications for said project.
~u uu
Director of Public Works and
City Engineer of the City of Cupertino
Date: November 17, 2004
Printed on Recycled Paper
VERIFICATION
I have reviewed this Certificate of Completion and Notice of Acceptance of Completion.
To the best of my knowledge, the information contained herein is true and complete.
I verify under penalty of perjury under th~~ laws of the State of California, that the
foregoing is true and correct.
Executed on the 18th day of November, 200~~ at Cupertino, California.
8..,`Z
Adminisi ati~-e Clerk
City of Cupertino
t° b to `~
DOCUMENT 00520 b'J~ ~
AGREEMENT
THIS AGREEMENT, dated this [~ day of 2003, by and between Robert A. Bothman, Inc. whose
place of business is located at 650 Quinn Avenue, San J se, CA 95112, ("Contractor"), and the CITY OF CUPERTINO, a
Municipal Corporation of the State of California ("City")acting under and by virtue of the authority vested in the City by the
laws of the State of Califomia.
WHEREAS, City, awazded on the 41h day of August, 2003 to the Contractor the following Project:
PROJECT NUMBER 2003 - 9313
CITY CENTER PARK PROJECT
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as
follows:
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications,
Drawings, and all other terms and condifions of the Contract Documents.
Article 2. Agency and Notices to City
2.1 City has designated Tetry Greene, City Architect, to act as City's Authorized Representative(s), who will represent City
in perforating City's duties and responsibilities and exercising City's rights and authorities in Contract Documents.
City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific
functions to one or more specific City's Representatives, including without limitation engineering, architectural,
inspection and general admutishative functions, at any time with notice and without liability to Contractor. Each City's
Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and
indemnities.
2.2 City has designated David Marks of Nova Partners, Inc. to act as Constmction Manager. City may assign all or part
of the City Representative's rights, responsibilities and duties to Construction Manager. City may change the
identity of the Construction Manager at any time with notice and without liability to Contractor.
2.3 Al] notices or demands to City under the Contract Documents shal] be to City's Authorized Representative at:
1030 Torre Avenue, Cupertino, Califomia 95014 or to such other person(s) and address(es) as City shall provide to
Contractor.
Article 3. Contract Time and Liquidated Damages
3.1 Contract Time.
Contractor shall commence Work on the date established in the Notice to Proceed. City reserves the right
to modify or alter the Commencement Date of the Work.
Article 1. Work
Project No.2003-9313
Contractor shall achieve Substantial Completion within 150 Days from the date when the Contract Time
commences to run as provided in Document 00700 (General Conditions).
City Of Cupertino
City Center Pazk
6/02/03
00520 - 1
Agreement
Project No.2003-9313
Contractor shall achieve Final Completion of the entire Work and be ready for Fina] Payment in accordance
with Section 01770 (Contract Closeout) within 180 Days from the date when the Contract Time commences
to run as provided in Document 00700 (Genera] Conditions).
3.2 Liquidated Datnases.
City and Contractor recognize that time is of the essence in this Agreement and that City will suffer financial
loss in the form of Contract administration expenses (such as Project management and consultant expenses),
if all or any part of the Work is not completed within the times specified above, plus any extensions thereof
allowed in accordance with the Contract Documents. Consistent with Article 15 of Document 00700
(General Conditions), Contractor and City agree that because of the nature of the Project, it would be
impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in
completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated
damages for delay Contractor shall pay City:
3.2.1 $500 for each Day that expires after the time specified herein for Contractor to achieve Substantial
Completion
3.2.2 $500 for each Day that expires after the time specified herein for Contractor to achieve Final
Completion of the entire Work, until achieved.
3.2.3 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G
of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project
and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that
Contractor can demonstrate to Cit}~s satisfaction is beyond Contractor s control.
3.2.4 Six Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of
Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project
and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that
Contractor fails to demonstrate to City's satisfaction is beyond Contractor's control.
These measures of liquidated damages for shall apply cumulatively and except as provided below, shall
be presumed to be the damages suffered by City resulting from delay in completion of the Work..
3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public
use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the
Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by
others who then seek to recover their damages from City (for example, delay claims of other contractors,
subcontractors, tenants, or other third-parties), and defense costs thereof.
Article 4. Contract Sum
4.1 City shall pay Contractor the Contract Sum of $ 883,634.00 (Eight Hundred Eighty Three Thousand Six Hundred
Thirty Four Dollars and No Cents) for completion of Work in accordance with Contract Documents as set forth in
Contractor's Bid, attached hereto: (Mazked EXHIBIT A) The Contract Sum includes the Base Bid and Alternate
Item No. 2.
BASE BID $ 879,134.00
ALTERNATIVE NO. 2 $ 4.500.00
TOTAL CONTRACT $ 883,634.00
City Of Cupertino
City Center Pazk
6/02/03
00520 - 2
Agreement
Project No.2003-9313
Article 5. Contractor's Representations
In order to induce City to enter into this Agreement, Contractor makes the following representations and warranties
5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract
Documents, Work, Site, locality, actual conditions, as-built conditions, and al] local conditions, and federal, state
and local laws and regulations that in any manner may affect cost, progress, perforrrtance or furnishing of Work or
which relate to any aspect of the means, methods, techniques, sequences or procedures of constmction to be
employed by Contractor and safety precautions and programs incident thereto.
5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-
built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions,
including Underground Facilities, which aze identified in Document 00320 (Geotechnical Data and Existing
Conditions), or which may appeaz in the Drawings. Contractor accepts the determination set forth in these
Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such
materials upon which Contractor may be entitled [o rely. Contractor agrees that except for the information so
identified, Contractor does not and shall not rely on any other information contained in such reports and drawings.
5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests,
reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that
pertain to the subsurface condifions, as-built conditions, Underground Facilities and all other physical conditions at
or contiguous to the Site or otherwise that may affect the cost, progress, perfom~ance or famishing of Work, as
Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract
Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the
provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations,
tests, reports, studies or similaz information or data are or will be requued by Contractor for such purposes.
5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has
discovered in or among the Contract Documents and as-built drawings and actual conditions and the written
resolution thereof through Addenda issued by City is acceptable to Contractor.
5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to
conduct business in the State of California.
5.7 Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract
Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under
any instrument, agreement, order or decree binding on Contractor.
5.8 Contractor has listed the Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting
Code §4100 et seg.: See attachment mazked "EXHIBIT A"
City Of Cupertino
City Center Park
6/02/03
00520 - 3
Agreement
Project No.2003-9313
Article 6. Contract Documents
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto:
Document 00510 Notice of Awazd
Document 00520 Agreement
Document 00530 Insurance
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
Document 00620 Constmction Labor and Material Payment Bond
Document 00630 Guazanty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00670 Escrow Bid Documents
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 Genera] Conditions
Document 00800 Supplementary Conditions
Document 00821 Insurance
Document 00822 Apprenticeship Program
Specifications City of Cupertino Division 1 General Requirements dated 6/02/03 sections 0110, 01200,
01250, 0135, 01320, 01330, 01350, 01410, 01411, 01420, 01455, 01500, 01540, 10600,
01715,01740,01770,01780
Technical Project Specifications Divisions 2 through 16 as prepared
By Guzzazdo Partnership dated 5/08/03.
Drawings - Guzzazdo Partnership drawings dated 5/08/03, 2003 Issued for bid.
Roger Berry Sculptor drawings sheets 1-7
6.2 There aze no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320
(Geotechnical Data and Existing Conditions), and the information supplied therein, aze not Contract Documents.
The Contract Documents may only be amended, modified or supplemented as provided in Document 00700
(General Conditions).
Article 7. Miscellaneous
7.1 Terms used in this Agreement are defined in Document 00700 (General Conditions) and Section 01420 (References
and Definitions) and will have the meaning indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of City or
acting as an employee, agent, or representative of City, liable on this Agreement or any of the Contract Documents,
or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is
limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract
Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et
seg.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public
works contract, Contractor or Subcontractor offers and agrees to assign to the awazding body all rights, title and
interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §IS) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, services or materials pursuant to the public works contract or the
City Of Cupertino
City Center Pazk
6/02/03 00520 - 4 Agreement
Project No.2003-9313
subcontract. This assignment shall be made and become effective at the time City tenders final payment to
Contractor, without further acknowledgment by the parties.
7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to
execute the Contract, as detemtined by Director of the State of Califomia Department of Industrial Relations, are
deemed included in the Contract Documents and on file at City's office, and shall be made available to any
interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is awaze of the
provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and
Contractor shall comply with such provisions before commencing the performance of the Work of the Contract
Documents.
7.7 Should any part, term or provision of this Agreement or any of the Contract Documents, or any document requued
herein or therein to be executed or delivered, be declazed invalid, void or unenforceable, all remaining parts, terms
and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby.
If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they aze hereby
waived to the end that this Agreement and the Contract Documents may be deemed valid and binding agreements,
enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any
provision not otherwise included in the Contract Documents is required to be included by any applicable law, that
provision is deemed included herein by this reference(or, if such provision is requved to be included in any
particulaz portion of the Contract Documents, that provision is deemed included in that portion).
7.8 This Agreement and the Contract Documents shall be deemed to have been entered into in the County of Santa
Clara, State of Califomia, and governed in all respects by Califomia law (excluding choice of law rnles). The
exclusive venue for all disputes or litigation hereunder shall be in Santa Claza County. Both parties hereby waive
their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or
proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in
Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, and
Chapter 5.
City Of Cupertino
City Center Park
6/02/03
00520 - 5
Agreement
Project No.2003-9313
IIQ WITNESS WHEREOF the parties have executed this Agreement in triplicate [he day and yeaz fast above written.
CITY OF CUPERTINO
CITY OF CUPERTINO, a Municipal Corporation of the
State of California
Attest: ~~ ~G~!IL^/ „ ~ ~J ~i~
City Clerk Jy / a
Approved as to form by City Coun 1:
City Attom
I hereby certify under penalty of perjury that David W.
Knapp of the City of Cupertino was duly authorized to
execute this document on behalf of the City of Cupertino by
a majority vote of the City Council on August 4, 2003.
Dated: ~ < ~' `_\• 0
W
David W. Knapp, City Manager o e ity of Cupertino, a
Municipal Corporation of the State of California
Designated Representative:
Name: Terry W. Greene
Title: Senior Architect
Address: 10300 Torre Avenue
Phone:408-777-3354
Facsimile: 408-777-33 33
PROJECT NAME: CITY CENTER PARK
PROJECT NO. 2003-9313
CONTRACT AMOUNT: $883,634.00
ACCOUNT NUMBER: 425-9313-9300
FILE NO: 92,064.00
CONTRACTOR:
Title: Vice President
[If Corporation: Chairman , President, o sidentJ
By:
ignature]
Brian L. Bothman
[Please print name here]
Title: Treasurer
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
440332 / A/C-8/B/C27
State Contractor's License No. Classification
31, 2005 94-2549328
Expiration Date Taxpayer ID No.
Name: Si m ~,l}1PP1 PT
Title: Froj ect Manager
Address: 650 Quinn Avenue_ San Jose, CA
Phone:
408-279-2277
Facsimile: 408-279-2281
NOTARY ACKNOLEDGMENT IS REQUIRED. IF A
CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY
ACKNOWLEDGEMENT AND FEDERAL TAX [D ARE REQUIRED.
IF NOT A CORPORATION SOCI°I .SECURITY NO. IS REQUIRED
END OF DOCUMENT
City Of Cupertino
City Center Park
6/02/03
00520 - 6
Agreement
Tamec C Moore
[Please print name here]
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
~ State of California
ss.
i County of Santa Clara J j
~ On 14-Aug-2003 before me, Patti L. Knabe, Notary I
(NOTARY) ~
, ~
~ personally appeared Brian L. Rothman, James C. Moore
Name(s) of Signer(s) I
I ~ personally known to me
^ proved to me on the basis of satisfactory evidence ~
j to be the person(s) whose name(s) is/are subscribed to j
the within instrument and acknowledged to me that ;
j he /she /they executed the same in his /her /their I
authorized capacity(ies), and that by his /her /their
I signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument. ,
~ I
WITNESS my hand and official seat. ~
I Plece Notary Seal Above SlgnaWre o(NOrery Public i
I I
OPTIONAL INFORMATION ;
jThough the information below is not required bylaw, it may prove valuable to persons relying on the document I
;and could prevent fraudulent removal and reattachment of this form to another document.
I I
:CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
I ~
j ^ INDIVIDUAL
'~ CORPORATE OFFICER
I TRLE OR TYPE OF DOCUMENT ,
~ -[R.~,tie6t ... Vice President j
~ TffLES(S)
j NUMBER OF PAGES I
~^ PARTNER(S) '
I^ ATTORNEY-IN-FACT
;^ TRUSTEE(S) DATE OF DOCUMEM ~
I^ GUARDIANICONSERVATOR
:^ OTHER: '
I OTHER
I ,
~ SIGNER IS REPRESENTING: RIGHT THUMBPRINT
~ NAME OF PERSON OR ENTfiY(IES) OF
j SIGNER
, ROBERT A. BOTHMAN, INC.
I
I
I
I
I
I ~
Project No. 2003-9212
CUPEI~TINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO
This certifies to the City of Ctizpertino that the following described policies have been issued to the
insured named below and are in force at this time.
Insured: Robert A. Bothman, Inc.
Address: 650 Quinn Ave.
San Jose, CA 95112
ription of operations/locations/products insured (show contract name and/or number, if any):
City Center Park #2003-9313
WORKER'S COMPENSATION * Statutory Min.
Travelers Indemnity of * Employer's
Illinois Liability
(name of insurer)
.$ 1,000,000 $ 1,000,000 $ 1,000,000
Insurance Company's State License No.
Check Policy Type:
COMPREHENSIVE GENERAL
LIABILITY
[X ] Premises/Operations
Each Occurrence $ 1 , 000 , 000
General Aggregate $ 2, 0 0 0, 0 0 0
(if applicable)
[ ] Owners & Contractors
Protective Aggregate $ 1, 0 0 0, 0 0 0
[ ] Contractual for Specific
Contract Personal Injury
[ ] Products Liability
[ ] XCU Hazards
[ ] Broad Form P.D. Fire Damage (any one fire) $,
[ ] Severability of Interest
Clause
[ ] Personal Injury with Medical Expense $,
Employee Exclusion Removed (any one person)
or Self-Insured (deductible)
COMMERCIAL GENERAL LIABIL ITY Retention $
Travelers Indemnity of Illinois
1,000,000
50,000
10,000
(name of insurer)
PolicyNo.VTJC02394A269TIL03 Expiration Date $-1-04
City of Cupertino 00530 - 4 Insurance Forms
Sports Center Remodel Project
4/11/03
Project No. 2003-9212
Commercial Form
Liability Coverage
LIABILITY
BODILY INJURY
Each Person
PROPERTY DAMAGE
Each Accident
Travelers Indemnity of Illinois
(name of insurer)
Each Accident
or
VTJCAP2394A282TIL03 g-1-04
Policy No. Expiration Date
Combined Single Limit
$1,000,000
A copy of all Endorsements to the policy(ies) which in any way
(agent's initial) limit the above-listed types of coverage are attached to this
Certificate of Insurance.
This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the
coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or
condition of any contract or any other document with respect to which this Certificate of Insurance
may be issued or may pertain, the insurance afforded by the policies described herein is subject to
all the terms, exclusions and conditions of such policies.
IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by
the Agreement between the City and the insured.
gy; Dated: August 14 2003
Attach Certificate of Insurance and Additional Insured Endorsement on company forms.
City of Cupertino 00530 - 5 Insurance Forms
Sports Center Remodel Project
4/11!03
Project No. 2003-9212
I Paul Saich (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signal
hereon do so bind this Company.
Signature of Authorized Representative:~..P i,Gi
(Original signature required on all Endorsements furnished to the District)
Names of
AgenUAgency~hoits Insurance Service, Inc• Title•
Address: 444 Castro St. , Ste. 200
Vice President
Telephone: (650) 934-0300
Mountain View, CA 94041 Facsimile: (650) 210-1486
City of Cupertino 00530 - 7 Insurance Forms
Sports Center Remodel Project
4/11/03
Project No. 2003-9212
0
CUPEf~TINO
COMPREHENSIVE GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
ENDORSEMENT OF AGGREGATE LIMITS OF
INSURANCE PER PROJECT
Project Title and Number: City Center Park #2003-9313
In consideration of the policy premium and notwithstanding any inconsistent statement in the
to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows:
This Endorsement modifies the insurance provided under the General Liability Coverage par[
tw-referenced policy of insurance.
The general aggregate limit under LIMTTS OF INSURANCE applies separately to the
described as City Center Park
POLICY INFORMATION
1. Insurance Company: Travelers Indemnity of Illinois
2. Insurance Policy Number: VTJC02394A269TIL03
3. Effective Date of this Endorsement: August 4 20 0 3
4. Insured: Robert A. Bothman, Inc.
5. Additional Insured: City of Cupertino, its directors, officers, agents and employees.
All notices herein provided to be given by the Insurance Company to the City in connection with
this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue;
Cupertino, California 95014.
Paul Saich
name)
warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do
so bind this Company. ~ ~ -yam
Signature of Authorized Representative: ~Gw.~ c~lJCl,/ (/~J
(Original signature required on all Endorsements furnished to the District)
Names of
Agent/Agency: Thoits Insurance Service, Inc Title: Vice President
Address: 444 Castro St. , 2nd Floor Telephone: (650) 934-0300
oun ain View, CA Facsimile: ~l5~~0~~
City of Cupertino 00530 - 8 Insurance Forms
Sports Center Remodel Projec[
4/11/03
Project No. 2003-9313
Bond SX5739
Premium: $5,902.00
DOCUMENT 00610
CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated 8/14/03 is in the penal sum of
F;ght Hundred F,jghty Three Thousand Six Hundred Thirty Four Dollars & No Cents
[which is one hundred percent of the Contract Price], and is
entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed
below. This Bond consists of this page and the Bond Terms and Conditions, pazagraphs 1 through 12, attached to this page.
Any singulaz reference to Robert A_ Rothman Inc. ("Contractor"),
** ("Surety"), the City of Cupertino, a Municipal Corporation of the State of
California ("City") or other party shall be considered plural where applicable.
CONTRACTOR:
SURETY:
St. Paul Fire and Marine Insurance Company
Name~~~~ .,. .,,,~.....~..~ y..y. Name
650 Ouinn Avenue 100 California St., 11300
Address Principal Place of Business
San Jose, CA 95112 San Francisco. CA 94111
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT:
CITY CENTER PARK
PROJECT NUMBER 2003-9313
At Cupertino, California.
DATED ~i, . ~8 .2003 in the Amount of $ 883.634.00 (the "Penal Sum")
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal Company: (Corp. Seal)
Signature: s.. ~~ Signature:
Name and Title: Brian L_ Rothman Name and Title: David McGarry, Attorney Fact
Vice PreRl dent
BOND TERMS AND CONDTTIONS
Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and
assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein
by reference.
2. If Contractor completely and properly perfomrs all of its obligations under the Construction Contract, Surety and
Contractor shall have no obligation under this Bond.
3. If there is no City Default, Surety's obligation under this Bond shall arise afrer:
3.1 City has declared a Contractor Default under the Constrnction Contract pursuant to the terms of the
Constmction Contract; and
3.2 City has agreed to pay the Balance of the Contract Sum:
3.2.1 To Surety in accordance with the teens of this Bond and the Construction Contract; or
3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this
Bond and the Construction Contract.
City of Cupertino 00610 - I Construction Performance Bond
City Center Park ** St. Paul Fire and Marine Insurance Company
6/02/03
Project No. 2003-9313
4. When City has satisfied the conditions of pazagraph 3, Surety shall promptly (within 30 days) and at Surety's
expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of City, to perform and complete the Constmc6on Contract (but City
tray withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4,
below); or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through
independent contractors; provided, that Surety may not select Contractor as its agent or independent
contractor without City's consent; or
4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors
acceptable to City for a contract for performance and completion of the Constmcton Contract, and, upon
determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by
City and the contractor selected with City's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety's
obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to
City the amount of such excess; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with
reasonable promptness under the circumstances, and, after investigation and consultation with City, determine
in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of
the Constmction Contract and, as soon as practicable after the amount is determined, tender payment therefor
to City with full explanation of the payment's calculation. If City accepts Surety's tender under this
paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting
from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City
may exercise all remedies available to it at law to enforce Surety's liability under pazagraph 6, below.
5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this
Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its
obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or
under the Construction Contract including, without limitation, and by way of example only, rights to perform work,
protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other
consultants or contractors.
6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal
Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's
obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract.
Surety's obligations shall include, but aze not limited to:
6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction
Contract and correction of defective work;
6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for
damages for which no liquidated damages aze specified in the Construction Contract, actual damages caused
by non-performance of the Construction Contract including, but not limited to, all valid and proper
backchazges, offsets, payments, indemnities, or other damages;
6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the
actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to
enforce this Bond).
No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns
8. Surety hereby waives notice of any change, alteration or addition to the Constmction Contract or to related
subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the
City of Cupertino 00610 - 2 Constmction Performance Bond
City Center Park
6/02/03
Project No. 2003-9313
Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration,
modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or
exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond.
9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a
proceeding is pending between City and Contractor regazding the Constmction Contract, or in the courts of the
County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located.
Communications from City to Surety under pazagraph 3.1 of this Bond shall be deemed to include the necessazy
agreements under paragraph 3.2 of this Bond unless expressly stated otherwise.
10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this
Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Agreement). Actual
receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date
received at the foregoing addresses.
11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted
herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein.
12. Definitions.
12.1 Balance of the Contract Sum: The total amount payable by City to Conhactor pursuant to the terms of the
Constmc6on Contract after all proper adjustments have been made under the Constmcrion Contract, for
example, deductions for progress payments made, and increases/decreases for approved modifications to the
Construction Contract.
12.2 Construction Contract: The agreement between City and Contractor identified on the signature page of this
Bond, including all Contract Documents and changes thereto.
12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform
or otherwise to comply with the terms of the Construction Contract including, but not limited to, "default" or
any other condition allowing a termination for cause as provided in Document 00700 (General Conditions).
12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor
progress payments due under the Construction Contract of to perform other material temts of the
Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify
Contractor termination of the Constmction Contract.
END OF DOCUMENT
City of Cupertino
City Center Pazk
00610 - 3 Construction Performance Bond
6/02/03
CALIFORNIAALL-PURPOSE ACKNOWLEDGEMENT
~ State of California ~ ss.
County of Santa Clara ~
On ~ ~ 3 before me, Patti L. Knabe, Notary
1
(NOTARI~
personally appeared David McGar ry 1
Name(s) of Signer(s) -
~ personally known to me ~
^ proved to me on the basis of satisfactory ~
evidence -
to be the person(s) whose name(s) is/are subscribed I
;
to the within instrument and acknowledged to me
.~ ~-~ PATTI L, KNABE
~ -.". ( that he I she /they executed the same in his /her
1
~
Comm. A 1325307
I ~ ~r ~ Noraer vueuc cauFORnla ~
~) /their authorized capacity(ies), and that by his /
her I their signature(s) on the instrument the
~
\~~ Sanla Clara CDUnI
~ '• i+ c ,,,n Exv~,a, o . s
zoos
^'
person(s), or the entity upon behalf of which the
~
.
^° r- ~^^^^~--•-•-~Y~~ ~~- ~ nersnn/slanted executed the instrument. -
WITNESS my hand and official seal. 1
n / n
•
- Place Notary Seal Above SignaWre of Nolary Public s
1 I
OPTIONAL INFORMATION
Though the information below is not required bylaw, it may prove valuable to persons relying on the document ~
Viand could prevent fraudulent removal and reattachment of this form to another document. ~
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ~
~ ^ INDIVIDUAL ~
^ CORPORATE OFFICER
~ TtTLES(S)
~^ PARTNER(S)
~0 ATTORNEY-IN-FACT
~^ TRUSTEE(S)
,^ GUARDIAN/CONSERVATOR
~^ OTHER:
I
1 SIGNER IS REPRESENTING:
~ NAME OF PERSON OR ENTITY(IES)
I
St. Paul Fire & Marlne Insurance Company
I
TRLE OR TWE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMFNr
OTNER
RIGHT THUMBPRINT
OF
SIGNER
... J
I
I
I
1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
~ State of California ~ ss I
i County of Santa Clara . ~
~ On 14-Aug-2003 before me, Patti L. Knabe, Notary ~
(NOTARY)
. .
.
~ personally appeared Brian L. Rothman
~
'
~ Name(s) of Signer(s) 1
I
• Q personally known to me •
~ ^ proved to me on the basis of satisfactory evidence ~
~ to be the person(s) whose name(s) is/are subscribed to j
• .-------- I the within instrument and acknowledged to me that
~"~ '
~ ~ '~
,. arTi ~. kw~b[ ~ he /she /they executed the same in his /her /their
Comm. p 1x25307
onwn ~ authorized capacity(ies), and that by his / her I their
/
;
~
i • ~ Norarv vubuc cauc
1 ~ z~:a c~ a I x•~ ~ ~, si natures on the instrument the erson s or the
,,,c.,_._, -_------~--°- entity upon behalf of which the person(s) acted,
1 executed the instrument.
' ~
1
cia
1.
d
offi
l sea
i WITNESS my hand an I
,
~
~
p
1
/
l
-
~GC,~I C 4~ ~`C}~-~
I Place Nalary Seal Above Signature of Notary Public !
I '
I OPTIONAL INFORMATION ;
jThough the information below is not required bylaw, It may prove valuable to persons relying on the document I
;and could prevent fraudulent removal and reattachment of this form to another document. ;
I
I
:CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
I '
I
j ^ INDIVIDUAL
~ ~ CORPORATE OFFICER ;
~ TITLE OR TYPE OF DOCUMENT •
~ Vice President ~
TmES(s) •
I NUMBER OF PAGES I
;^ PARTNER(S) ;
(^ ATTORNEY-IN-FACT I
; ^ TRUSTEE(S) GATE OF DOCUMENT ;
I^ GUARDIAN/CONSERVATOR
;^ OTHER: ;
OTHER
.
.
I
SIGNER IS REPRESENTING: RIGHT THUMBPRINT
i NAME OF PERSON OR ENTITV(IES) OF
~ SIGNER
ROBERT A. BOTHMAN, INC.
I
I
.
I
.
I
I
I I
The~p~p~
Power of Attorney No.
POWER OF ATTORNEY
Seaboard Surety Company
SL Paul Fire and Marine Insurance Company
SL Paul Guardian Insurance Cnmpany
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty tnsuranre Underwriters, Inc.
23356
`eY"`"a" "°~ 13 314 4 4
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surely Company is a corporation duly organized under the laws of the Snte of New York and that
SL Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporaious duly organized under
the laws of the State of Minnesota, and that United Slates Fidelity and Guaranty Company is a corporation duly organized under the laws' of the Stale o(Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws' of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the Slate of Wisconsin (herein colleutireh cn/led the "Companies"), and that the Companies do
hereby make, cons'titulc and appoint
David McGarry, Susan L. Vamell, Arthur C. Carmichael, Jr. and Naomi Parrish
of the Ciry of San JOSe . State (.'a11fONla ,their true and lawful Attomcy(s)-in-Fact,
each in their separate capacity if more lhnn one is named above, n sign its' name as surety m, and ro execute, seal and acknowledge any and ell bonds, undertakings,
contracts and other written insumnents in the nature thereof on behalf of the Companies in their business of gueranlecing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings reyuircd or pennined in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this' instrument to he signed and sealed this nth day of
2002
Seaboard Surety Company United States Fidelity and Guaranty Company
SL Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Compam'
SL Paul Guardian Insurance Compauy Fidelity and Guaranty tnsuranre Underwriters, Inc
~,~r SL Paul Mercury Insurance Company ~ ~~~~C
Y .d~Y^" p x'xS9
~r~ E t y' >~a•~on ~ •C s,n`e ~/ \$ ~ MWflfn411®
aMwn -^ `VUTe JOHN P. PIi1NNEY, Vice Prcuitlcm
1927 tut ~ SE AL:oi 3;ssJIr.; P~ t~s s 1977 1951 / ~ ~J
State of Maryland
City of Baltimore THOMAS E. HLIBRF.GTSE. Assis[avt Surewry
On this nth day of JLLlle 2~~2 ,before me, the undersigned officer, personally appeared John F. Phinney and
Thomas E. Huibreglse, who acknowledged themselves to be the Vice Presidem and Assistant Secretary, respectively, of Seaboard Surely Company, SL Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, United States Pidelity and Guaramy Company, Pidelily and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters', Inc.; and Thal the seals affixed to the foregoing instrument are the corpnmte seals of
said Companies; and Thal they, as such, being authorized s'o to do, executed the (oregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
m~(,PFAS(Fyt) I~i~G~iCQ.. /'P ~ ~/'~ I"'"~""
¢~ NCTgRy
In Witness Whereof, 1 hereunto seC my hand and olTicial seal. p
Ug4C
My Commission expires the 17th day of July, 2002. ~4p ~o REHECCA EASLEY-ONOKALA, Notary PuMlic
qE GiV
86203 Rev. 7-2000 Printed in U.S.A.
DOCUMENT 00620
CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
Project No. 2003-9313
Bond ~iSX5739
Premium Included in the
Performance Bond
THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated 8/14/03 , is in the
penal sum of Eight Hundred Ei>;hty Three Thousand Six Hundred Thirty Four Dollars & No Cents
[one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment
of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and
Conditions, paragraphs 1 through 14, attached to this page. Any singulaz reference to
Robert A. Bothman, Inc. ("Contractor"), St. Paul Fire and Marine Insurance Company
("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be
considered plural where applicable.
CONTRACTOR: SURETY:
&obert n nn+hman~ 7nr St. Paul Fire and Marine Insurance Company
Name Name
~Ql,;nn Avenue 100 California St., 1k300
Address Principal Place of Business
e r•n osir~ San Francisco, CA 94111
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT:
CITY CENTER PARK
PROJECT NUMBER 2003-9313
at Cupertino, California.
DATED Huai , ~~i , 20 3 in the Amount of $ 883 , 634.00 (the "Penal Sum")
CONTRACTOR AS PRINCIPAL
Company: (Corte Seal)
Name and Title:Br; an r Bothman
Vice President
SURETY
C~any: (Corp. Seal) ~
Signature:
Name and Title: David McGarr Attorne n-Fact
BOND TERMS AND CONDITIONS
Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and
assigns to City and to Claimants, to pay for labor, materials and equipment famished for use in the performance of
the Constmction Contract, which is incorporated herein by reference.
2. With respect to City, this obligation shall be null and void if Contractor:
2.1 Promptly makes payment, duectly or indtrectly, for all sums due Claimants; and
2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or
entity who famished labor, materials or equipment for use in the performance of the Constmction Contact,
provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of
this Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or
suits to Contractor and Surety, and provided there is no City Default.
3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, duectly or
indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail
to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the
City of Cupertino 00620 - 1 Construction Labor and Material Payment Bond
City Center Park
6/02/03
Project No. 2003-9313
Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from the wages of
employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with
respect to such Work and labor, then Surety shall pay for the same, and also, in case suit is brought upon this Bond,
a reasonable attorney's fee, to be fixed by the court.
4. Consistent with the California Mechanic's Lien Law, Civil Code §3082, et seg., Surety shall have no obligation to
Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements.
5. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for
any payments made in good faith by Surety under this Bond.
6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any
Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond.
7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Bond, and
shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have
obligations to Claimants under this Bond.
8. Surety hereby waives notice of any change, including changes of time, to the Constrtction Contract or to related
subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change,
extension of time, alteration or addition to the temvs of the Constrnction Contract, or to the Work to be performed
thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall
in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such
change, extension of time, alteration or addition to the terms of the Constrnction Contract or to the Work or to the
Specifications or any other changes.
9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has
finnished the last of the labor or materials, or both, but, per Civil Code §3249, must be commenced before the
expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184.
] 0. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this
Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Agreement). Actual
receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date
received at the foregoing addresses.
11. This Bond has been furnished to comply with the California Mechanic's Lien Law including, but not limited to,
Civil Code §§3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be
deemed deleted herefrom and provisions conforming to such stamtory or other legal requirements shall be deemed
incorporated herein. The intent is that this Bond shall be conttrned as a statutory bond and not as a common law
bond.
12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly
furnish a copy of this Bond or shall permit a copy to be made.
13. Connactor shall pay to persons performing labor in and about Work provided for in the Contract Documents an
amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similaz character in the
locality in which the Work is performed and (2) legal holiday and ovettime work in said locality. The per diem
wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained
and determined by the Duector of the State Department of Industrial Relations and City to be the general prevailing
rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor
shall also cause a copy of this detemrination of the prevailing rate of per diem wages to be posted at each Site.
14. Definitions.
14.] Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of
Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further
City of Cupertino 00620 - 2 Construction Labor and Material Payment Bond
City Center Pazk
6/02/03
Project No. 2003-9313
defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in
the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone
service or rental equipment used in the Construction Contract, architectural and engineering services
required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items
for which a stop notice might be asserted. The term Claimant shall also include the Unemployment
Development Department as referred to in Civil Code §3248(b).
14.2 Construction Contract: The agreement between City and Contractor identified on the signature page of this
Bond, including all Contract Documents and changes thereto.
14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor
as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to
pay the Claimants and is sufficient to justify termination of the Construction Contract.
END OF DOCUMENT
City of Cupertino 00620 - 3 Constmction Labor and Material Payment Bond
City Center Park
6/02/03
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
j State of California ~ ss.
j County of Santa Clara j
j On ~ before me, Patti L. Knabe, Notary
!
(NOTARY)
~ personally appeared David McGarry I
Name(s) d Signer(s) •
I ~ personally known to me ~
j ^ proved to me on the basis of satisfactory j
evidence '
j
to be the person(s) whose name(s) is/are subscribed I
,
I to the within instrument and acknowledged to me
that he /she /they executed the same in his /her
I ~ E /their authorized capacity(ies), and that by his /
r .~ PATTI L. KNABE ~ her /their signature(s) on the instrument the
~~
Comm. p 1325307
`
~ N =~ NorAev vueuc-cnuFOebla N person(s), or the entity upon behalf of which the I
• sa~la (-I~~a c~°^'Y ~ person(s) acted, executed the instrument.
20C5
5
~
0
~ '
y
~e~
,
I
Camm. EnD
rdv
a
°-.....!..
,
~ :... w.,........ o ... ~
I WITNESS my hand and official seal. I
~/
• Place Notary Seal Above SlgnaWro d Nolary Public
I ~
I
OPTIONAL INFORMATION
Though the information below is not required by law, it may prove valuable to persons relying on the document ~
jand could prevent fraudulent removal and reattachment of this form to another document. j
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT j
~ ^ INDIVIDUAL ~
I ^ CORPORATE OFFICER I
~ TITLE OR TWE OF DOCUMENT
I ~
I
• TRLFS(S) •
I NUMBER OF PAGES
~^
PARTNER(S) j
~^ ATTORNEY-IN-FACT
i^ TRUSTEE(S) DATE OF DOCUMENr '
,^ GUARDIAN/CONSERVATOR I
j^ OTHER: '
• OTHER •
I I
I SIGNER IS REPRESENTING: RIGHT THUMBPRINT
j NAME OF PERSON OR ENTITV(IES) OF
SIGNER
St. Paul Fire & Marine Insurance Comuanv
I
•
I
I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
~ State of California ~ ss I
.
i County of Santa Clara ~
~ On 14-Aug-2003 before me, Patti L. Knabe, Notary j
(NOTARI~
. .
.
~ personally appeared Brian L. Rothman
, Name(s) of SiBaer(s) 1
I ~ personally known to me
~ ^ proved to me on the basis of satisfactory evidence ~
~ to be the person(s) whose name(s) is/are subscribed to I
the within instrument and acknowledged to me that ;
~ ..,. ~.._. ... _... he / she I they executed the same in his /her /their
a ~ ~ PAiTi ~ KNASI authorized capacity(ies), and that by his /her /their
l~ Comm p t 325307 N signature(s) on the instrument the person(s), or the
I A S. NbfAflY PUBIIL CALIPoANIp 1
.
' ~ ~~~ ' / a Ir aa~e rye ~ entity upon behalf of which the person(s) acted, •
~~~ ~ v.~ ~ e, - arcs -`
1 ? . _ - ." ... _ ___... r executed the instrument.
,
1
1
WITNESS my hand and official seal. ~
~ ..p
d~ ;
I
i Place Notary Seal Above SlpneWre of Notary PUNIC ~
I
~ OPTIONAL INFORMATION ;
~ Though the information below is not required bylaw, it may prove valuable to persons relying on the document 1
;and could prevent fraudulent removal and reattachment of this form to another document.
I
I
:CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
I
~
~ ^ INDIVIDUAL
~ ~ CORPORATE OFFICER
, TITLE OR TIDE OF DOCUMENT .
' Vice President
1
I
. TRLES(S) '
I NUMBER OF PAGES 1
'^ PARTNER(S) ;
1^ ATTORNEY-IN-FACT
;^ TRUSTEE(S) DATE OF DOCUMENT ;
I^ GUARDIAN/CONSERVATOR
:^ OTHER:
I OTHER
.
I
~ SIGNER IS REPRESENTING: RIGHT THUMBPRINT
, NAME OF PERSON ORENTITY(IES) OF
~ SIGNER
ROBERT A. BOTHMAN, INC.
I
I
I
.
I
1
p, ~p St. Paul Fire and Marine Insuranre Company United States Fidelity and Guaranh' Company
SCFAN~~~~ SLPauiGuardianlnsuranceCompany Fidelity and Guaranty Insurance Company
St. Paul Mercury Insurance Company Fidelity and Guaranty Inauranre Iinderarirers. Ina
Seaboard Surety Company SL Paul Medical Liability Insurance Company
Bond No. SX5739
RIDER CONTAINING
DISCLOSURE NOTICE OF TERRORISM COVERAGE
This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the
"Act"). No action is required on your part. This Disclosure Notice is incorporated in
and a part of the attached bond, and is effective the date of the bond.
You should know that, effective November 26, 2002, any losses covered by the
attached bond that are caused by certified acts of terrorism would be partially
reimbursed by the United States under a formula established by the Act. Under this
fonnula, the United States reimburses 90% of covered terrorism losses exceeding
the statutorily established deductible paid by the insurance company providing the
coverage.
Under the Act, there is a cap on our liability to pay for covered terrorism losses if the
aggregate amount of insured losses under the Act exceeds $100,000,000,000 during
the applicable period for all insureds and all insurers combined. In that case, we will
not be liable for the payment of any amount which exceeds that aggregate amount of
$100,000,000,000.
The portion of your premium that is attributable to coverage for acts of terrorism is
$0_00.
IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO
CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY.
Project No. 2003-9212
~,
an a
CUPEI~TINO INSURANCE AGREEMENT
A. Contractor is awaze of the provisions of Section 3700 of the Labor Code, which requires
every employer to be insured against liability for worker's compensation or undertake self-
insurance in accordance with the provisions of that Code, and will comply with such provisions
before commencing the performance of the work of this Contract.
B. Contractor and all subcontractors will carry worker's compensation insurance for the
protection of its employees during the progress of the work. The insurer shall waive its rights of
subrogation against the City, the City's officers, agents and employees and shall issue an
endorsement to the policy evidencing same.
C. Contractor shall carry at all times, on all operations hereunder, commercial general liability
insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage
shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a
form prescribed by the City and shall be underwritten by insurance companies satisfactory to the
City for all operations, sub-contract work, contractual obligations, product or completed operations,
all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor,
excepting worker's compensation coverage, shall name the City, its engineer, and each of its
directors, officers, agents and employees, as deternuned by the City, as additional insureds on said
policies. Insurers must be licensed to do business in the State of California. The Insurers must also
have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the
cunent Best's Guide Rating.
D. Before Contractor performs any work at, or prepazes or delivers materials to, the site of
construction, Contractor shall famish certificates of insurance evidencing the foregoing insurance
coverages and such certificates shall provide the name and policy number of each carrier and policy
and that the insurance is in force and will not be canceled or modified without thirty (30) days
written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in
force until the work under this Contract is fully completed. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of the City by
~ Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor
diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in
full force and effect during the life of this Contract, the following insurance in amounts not less than
the amounts specified and issued by a company admitted in California and having a Best's Guide
Rating of A, Class VII or better.
Worker's Compensation
& Employers' Liability
LIMITS
In accordance with the Worker's Compensation
Act of the State of California -Worker's comp -
"statutory" per CA Law; Employers' Liability -
$1,000,000per occurrence.
City of Cupertino 00530 - 2 Insurance Forms
Sports Center Remodel Project
4/ 11 /03
Prujccl No. 211113 0 2 1 2
General Liability- commercial general liability; Combined single limit of $1.0 million per
including provisions for contractual liability, occurrence; $2.0 million in the aggregate.
personal injury, independent contractors and
products -completed operations hazard.
Automobile Liability -comprehensive covering Combined single limit of $1.0 million per
owned, non-owned and hired automobiles. occurrence.
Consultants only: Errors and Omissions liability. $1.0 million per occurrence.
Robert A. Bothman, Inc.
(Contractor's Name)
Brian L. Bothman, Treasurer
Dated:_A1;5~11~~ 1 3 20 03
City of Cupertino 00530 - 3 Insurance Forms
Sports Center Remodel Project
4/ 1 1 /03
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
' State of California
ss
.
j County of Santa Clara
j
j On 21-Jul-2003 before me, Patti L. Knabe, Notary I
(NOTARY)
•
I
~ personally appeared Brian L. Rothman
~ Nama(s) M Signer(s) I
I Q personally known to me '
^ proved to me on the basis of satisfactory evidence j
to be the person(s) whose name(s) is/are subscribed to I
~
~ the within instrument and acknowledged to me that ;
he /she /they executed the same in his /her /their
~
~ ' u' ~ -~' authorized capacity(ies), and that by his /her /their
~ ~, rArn u. Kr~ae~
~ :
signature(s) on the instrument the person(s), or the
!„ ~ Comm, p 132530/
~
°
~)
'
~~
g ,~ z
eorngv vueuc cau(oeNIA
1
, 4,
entity upon behalf of which the person(s) acted,
~ y, ~ j/, Santa Clara Coum+
( ~ ' p:ra~ r ~ ^^rs ~' executed the instrument. I
,
~
I ,
I
y hand and official seal.
m
WITNESS j
,
„
a CXN~
I
~'I ~ Signature o<NOtary Public
Place Notary Seal Above •
~
I
III
OPTIONAL INFORMATION :
IThough the information below is not required by law, d may prove valuable to persons relying on the document
dulent removal and reattachment of this form to another document.
t f
ld I
rau
preven
I;and cou
1
(.CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
I
:
I
j ~ INDIVIDUAL Landmark Elementary School New Construction
j
' ~ CORPORATE OFFICER Contract Agreement ;
I TITLE OR TYPE OF DOCUMENT
~ ~
~
j Treasurer I
~ TITLES(5)
j NUMBER OF PAGES I
~^ PARTNER(S) :
I^ ATTORNEY-IN-FACT I
;^ TRUSTEE(S) DATE OF DOCUMENT ;
I^ GUARDIAN/CONSERVATOR I
:^ OTHER: '
I OTHER
~
'
I
j SIGNER IS REPRESENTING: RIGHT THUMBPRINT
, NAME OF PERSON OR ENTITY(IES) OF
j SIGNER
ROBERT A. BOTHMAN, INC.
I
I
I
I
I
Project No. 2003-9313
DOCUMENT 00630
GUARANTY
TO THE CITY OF CUPERTEQO, a Municipal Corporation of the State of California ("City"), for constuction of
CITY CENTER PARK
CUPERTINQ, CALIFORNIA
The undersigned guarantees all construction performed on this Project and also guazantees all material and equipment
incorporated therein.
Contractor hereby grants to City for a period of one year following the date of Final Completion, or such longer period
specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including,
without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection
with the Work.
Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work
not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or
responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any
damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Completion.
If within one yeaz after the date of Final Completion, or such longer period of time as may be prescribed by laws or
regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City's written instmc6ons, correct such defective Work. Contractor shall remove any
defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and
replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the
terms of such instmctions, or in an emergency where delay would cause serious risk of loss or damage, City may have the
defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and
damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or
defects are discovered outside the correction period, City shall have all rights and remedies granted by law.
Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though
equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and
estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to
be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guazanty
period.
All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract
Documents, including, without means of limitation, Section 01420 (References and Definitions).
The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in
lieu of, any and all other liability imposed on Contractor under [he Contract Documents and at law with respect to
Contractor's duties, obligations, and perfom~ance under the Contract Documents. In the event of any conflict or
inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract
Documents or at law, such inconsistency or conflict shall be resolved in favor of [he higher level of obligation of [he
Contractor.
Robert A. Bothman_ rnr•
Contractor's Name
650 Ouinn Ave.
Address
t State tp'
City of Cupertino
City Center Park
6/02/03
J es o i President
AUG 1 3 20Gc
Date
END OF DOCUMENT
00630 - 1 Guazanty
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
~••-•--•-----.._..-•--------------•--•--••--•-•--------------••-~----1
State of California
ss.
County of Santa Clara '
On 13-Aug-2003 before me, Patti L. Knabe, Notary
I (NOrARr)
personally appeared James C. Moore I
Name s rn SI
O gnarls)
I Q personally known to me
^ proved to me on the basis of satisfactory evidence
~ to be the person(s) whose name(s) is/are subscribed to ~
the within instrument and acknowledged to me that
1 w FaTTI L Kf•AE_ he /she /they executed the same in his Iher /their '
~ authorized capacity(ies), and that by his /her /their ~
-, 5~,. Comm. p 1325307 ~r, ,
I l I :t°~ ~ ~~ rrornev vuouc~cnuFOerrln t signature(s) on the instrument the person(s), or the I
~ ~ ~ say a ci~~a ca~~l~ A entity upon behalf of which the person(s) acted,
I executed the instrument. ~
I I
• WITNESS my hand and official seal.
I Place Notary Seal Above Signature rn Notary Public
I, OPTIONAL INFORMATION
:Though the information below is not required bylaw, it may prove valuable to persons relying on the document
l and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
I
''^ INDIVIDUAL
~'0 CORPORATE OFFICER
I TITLE OR TYPE OF DOCUMENT
Vice President
I TITLES(S)
• NUMBER OF PAGES ~
I^ PARTNER(S) I
:^ ATTORNEY-IN-FACT
~^ TRUSTEE(S) DATE OF DOCUMENT
'^ GUARDIAN/CONSERVATOR '
~^ OTHER: I
I OTHER '
. I
~ SIGNER IS REPRESENTING: RIGHT THUMBPRINT
i NAME OF PERSON OR ENTITY(IES) OF
SIGNER
I ROBERT A. BOTHMAN, INC.
I
I
1
I
Project No. 2003-9313
DOCUMENT 00670
ESCROW BID DOCUMENTS
1. Requirements for Escrow Bid Documents.
a. Within the time period established in Document 00200 (htstrnctions to Bidders), Contractor shall submit to
City a set of Escrow Bid Documents as defined in paragraph 2 below. Escrow Bid Documents will be used
only in the manner and for the purposes descnbed in this Document 00670.
b. The submission of the Escrow Bid Documents, as with the bonds and insurance documents required under
Document 00200 (Instructions to Bidders), is considered an essential part of the Contract awazd. Should
Contractor fail to make the submission within the allowed time specified, Contractor may be deemed to have
failed to enter into the Contract, Contractor shall forfeit the amount of its Bid security accompanying
Contractor's Bid, and City may awazd the Contract to the next lowest responsive responsible Bidder.
c. NO PAYMENTS WII.L BE MADE, NOR WILL CITY ACCEPT CHANGE ORDER REQUESTS UNTIL
THE ABOVE-REQUIRED INFORMATION IS SUBMITTED AND APPROVED. ALTERNATIVELY,
CTTY MAY DECLARE THE BID NON-RESPONSIVE.
d. Contractor shall submit the Escrow Bid Documents, in person by an authorized representative of the
Contractor, to:
Terry Greene
City Architect
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
2. Scope of Escrow Bid Documents.
a. Within the time period specified in Document 00200 (Instructions to Bidders), Contractor shall submit one
copy of all documentary information received or generated by Contractor in preparation of Bid prices fot the
Contract Documents, as specified in pazagraphs 5 and 6 of this Document 00670. This material is referred to in
this Document 00670 as the "Escrow Bid Documents." Contractor's Escrow Bid Documents will be held in
escrow as provided in this Document 00670.
b. Contractor represents and agrees, as a condition of awazd of the Contract, that the Escrow Bid Documents
constitute all written information used in the prepazation of its Bid, and that no other written Bid preparation
information shall be considered in resolving disputes or claims or may be considered in legal proceedings.
Contractor also agrees that nothing in the Escrow Bid Documents shall change or modify the terms or
conditions of the Contract Documents. Contractor is advised that the Escrow Bid Documents will only be used
as a guide in the resolution of disputes and claims.
3. Ownership of Escrow Bid Documents.
a. The Escrow Bid Documents are, and shall always remain, the property of Contractor, subject to joint review by
City and Contractor, as provided in this Document 00670.
b. City stipulates and expressly acknowledges that the Escrow Bid Documents constitute trade secrets. This
acknowledgement is based on City's express understanding that the information contained in the Escrow Bid
Documents is not known outside Contractor's business, is known only to a limited extent and only by a limited
number of Contractor's employees, is safeguazded while in Contractor's possession, is extremely valuable to
Contractor and could be extremely valuable to Contractor's competitors by virtue of it reflecting Contractor's
contemplated construction techniques. City further acknowledges that the Escrow Bid Documents and the
information contained in them aze made available to City only because such action is an express pre-requisite to
awazd of the Contract. City agrees to safeguard the Escrow Bid Documents, and all information contained in
City of Cupertino 00670 - 1 Escrow Bid Documents
City Center Pazk
6/02/03
Project No. 2003-9313
them, against disclosure to the fullest extent permitted by law, consistent with paragraph 4 of this Document
00670.
4. Escrow Bid Documents maybe used in the determ»nation of price adjustments and change orders and in the settlement
of disputes and claims. If used in legal proceedings, Escrow Bid Documents shall be subject to an appropriate
protective order limiting their disclosure.
5. Format and Contents of Escrow Bid Documents.
a. Contractor may submit Escrow Bid Documents in their usual cost-estimating format; a standazd format is not
required. Contractor shall prepaze and submit the Escrow Bid Documents in English
b. City requires Contractor to itemize cleazly in the Escrow Bid Documents the estimated costs of performing the
work of each Bid item contained in Contractor's Bid. Contractor shall separate Bid items into sub-items as
required to present a detailed cost estimate and allow a detailed cost review. The Escrow Bid Documents shall
include all Subconnactor bids or quotes, supplier bids or quotes, quantity take-offs, crews, equipment,
calculations of rates of production and progress, copies of quotes from Subcontractors and suppliers, and
memoranda, narratives, add/deduct sheets, and all other information used by Connector to arrive at the prices
contained in the Bid. Escrow Bid Documents shall include costs of scheduled maintenance, depreciation, fleet
rental expense discounts and incentives, and similaz cost adjustments if used by Contractor to calculate its Bid
prices. Estimated costs shall be broken down into Contactor's usual estimate categories such as direct labor,
repair labor, equipment ownership and operation, expendable materials, permanent materials and subcontract
costs as appropriate. Plant and equipment and indirect costs should be detailed in Contractor's usual format.
Contractor shall identify its allocation of indirect costs, contingencies, markup and other items to each Bid item
c. Connector shall identify all costs. For Bid items amounting to less than $10,000, Contractor may estimate
costs without a detailed cost estimate, provided that Contractor includes applicable labor, equipment, materials
and subcontracts, and allocates applicable induect costs, contingencies and mazkup.
d. Bid documents provided by City should not be included in the Escrow Bid Documents unless needed to comply
with these requirements.
6. Submittal of Escrow Bid Documents.
a. Contractor shall submit the Escrow Bid Documents within 14 Days after the awazd. The container shall be
cleazly marked on the outside with Contractor's name, date of submittal, project name and the words "Escrow
Bid Documents -Open only in the presence of Autlrorized Representatives of both City and Contractor." City
will review the Escrow Bid Documents for initial compliance. City has three Days after receipt of Bidder's
Escrow Bid Documents to demand additional information.
b. By submitting Escrow Bid Documents, Contractor represents that the material in the Escrow Bid Documents
constitutes all the documentary information used in preparation of the Bid and that Connector has personally
examined the contents of the Escrow Bid Documents container and has found that the documents in the
container are complete. Connector agrees that it will not introduce or rely on any other documents to prove
how it prepazed its Bid.
c. If Connector's proposal is based upon subcontracting any part of the Work, each Subconnactor whose total
subconnact price exceeds five percent of the total Connect Sum proposed by Contractor, shall provide separate
Escrow Documents to be included with those of Connector. Such documents shall be opened and examined in
the same manner and at the same time as the examination described above for Contractor.
d. If Contractor wishes to subcontract any portion of the Work after award, City retains the right to require
Contractor to submit Escrow Documents for the Subconnactor before approval of the subconnact.
City of Cupertino 00670 - 2 Escrow Bid Documents
City Center Pazk
6/02/03
Project No. 2003-9313
Storage, Examination, and Final Disposition of Escrow Bid Documents.
The Escrow Bid Documents will be placed in escrow until Final Completion of Work on the Project, in a
mutually agreeable institution. Contractor shall pay the cost of storage for the Escrow Bid Documents until that
time. The storage facilities shall be the appropriate size for all the Escrow Bid Documents and located
conveniently to both City's and, to the extent reasonably possible, Contractor's offices, but in no event outside
the County of Santa Claza.
b. Both City and Contractor shall examine the Escrow Bid Documents, at any time deemed necessary by either
City or Contractor, to assist in the negotiation of price adjustments and change orders or the settlement of
disputes and claims. Examination of the Escrow Bid Documents is subject to the following conditions:
As trade secrets, the Escrow Bid Documents aze proprietary and confidential under pazagraph 3.b. of
this Document 00670.
ii. City and Contractor (and any Subcontractor, to the extent Escrow Bid Documents aze required by a
Subcontractor) shall each designate in writing to the other party(s) at least seven Days prior to any
examination, representatives who aze authorized to examine the Escrow Bid Documents. Except as
otherwise provided in a court order, no other persons shall have access to the Escrow Documents.
iii. Except as otherwise provided in a court order, access to the documents may take place only in the
presence of duly designated representatives of both City and Contractor. If Contractor fails to
designate a representative or appeaz for joint examination on seven Days' notice, then City's
representative may examine the Escrow Bid Documents upon an additional three Days' notice.
iv. Following Final Completion of Work on the Project and achievement of final settlement, City shall
direct the escrow agent holding the Escrow Bid Documents in writing to return those documents to
Contractor.
END OF DOCUMENT
City of Cupertino 00670 - 3 Escrow Bid Documents
City Center Park
6/02/03
Project No, 2003-9313
DOCUMENT 00400 A
BID FORM ~'°'~~~ 1
CITY OF CUPERTINO
CITY CENTER PARK
PROJECT No. 2003-9313
Office of the City Clerk
City of Cupertino, City Hall
10300 Torre Avenue, Cupertino, CA 95014
To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instmctions to Bidders),
paragraph 1.
TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO
THIS BID IS SUBMITTED BY:
Robert A. Bothman, Inc.
(Firm/Company Name)
Re: PROJECT NUMBER 2003-9313 - CTTY CENTER PARK PROJECT
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of
Cupertino ("City") in the form inchuled in the Conrad Documens, Document 00520 (Agreement), W perform and
furnish all Work as specified or indicated in the Contract Do~vments for the Comract Sum and within the Contract
Time indicated in this Bid and in axordance with all other terms and conditions of the Contract Doamtems. All
portions of this Bid Form must be completed and signed before the bid is submitted Failure to do so will result in
the bid beingrejected asnon-responsive.
2. Bidder accepts all of the terms and wnditions of the Contract Documents, Document 00100 (Advertisement for
Bids), and Document 00200 (Instnrctions to Bidders), including, without limitation, those dealing with tbe
disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening.
3. In submitting this Bid, Bidder represems:
(a)
City of Cupertino 00400 A - 1 Bid Form
City Center Park
Addendum No. 1 dated 7/2/03
Bidder has examined all of the Contract Documents and the following Addenda (receipt of all of which is
Project No.2003-9313
-_ (b) Bidder leas visited the Site and performed all tasks, research, investigation, reviews, examinations, and
analysis and given notices, regarding the Project and the Site, asset forth in Document 00520 (Agreement),
Article 5.
(c) Bidder has received and examined copies of the following technical specifications on City-provided,
Contractor-installed equipmeN. (N/A)
(d) Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it bas
discovered in or among the Contract Documents and as-built drawings and actual wnditions and the
written resolution thereof through Addenda issued by City is acceptable to Contractor.
(e) . Bidder has attended Pre-Bid meeting on Jmie 12, 2003
YES NO~
4. Based on the foregoing, Bidder proposes and agrees w fully perform the Work within the time stated and in strict
accordance with the Conract Documents for the following sums of money listed in the following Schedule of Bid
Prices:
SCHEDULE OF BID PRICES
All Bid items, including lump sums and umt prices, mast be filled in wmpletely. Bid items are described in Section
01100 (Summary of Work). Quote in figures only, unless words are specifically requested. Please note that a 30
DAY TIME extension will be permitted with the acceptance of the Bid Add Alternate #1 only as
listed below.
ITEM
DESCRIPTION
UNTT UNIT
PRICE
TOTAL
PLIIMP SUM BASE BID TOTAL -City Center S~p $ ~7~i /3 t [
TOTAL BASE BID PRICE
(Words)
ADD ALTERNATES
ITEM DESCRIPTION UNITS UPiIT TOTAL
PRICE
1. Alteruate Item No. 1-Chan Concrete avin
d
ail l1 Gyi
~
Z71i 335.0
$ L7 ~
3 `~' ~' G
et
9/I.5.1 to brick paves per detai110 on L5.1 ~- ~Lt ~
2. Alternate Item No. 2 - Change Type 1 pedestrian
Ld~~
and vehicular concr~e paving and bands per
d
i
~~) ~},SOt~.UG ~ S~ . ~U
eta
l S8r9/I.5.1 to Type 2 colored concrete.
3. Alternate No. 3 -Change Pedestrian unit paver Ltli'np
installation only per deta0 9/L5.2 to Gravel SGf
lY1 i i ~,~~ { r ~(;(~ ,
paving per detail 3/LS.L Indicate add/<dedacb .
City of Cupertino
City Center Park 00400 A - 2 Bid Form
Addendnm No. 1 dated 7/2/03
Project No. 2003-9313
5. SubcOtttractors, for work included in all Bid items, are listed on the attached Document 00430 (Subcontractors List).
6. The undersigned Bidder understands that City reserves the right to reject this Bid
7. if written notice of the acceptance of this Bid, hereinafter referred to as Notice of Awazd, is mailed of delivered to
the undersigned Bidder within the time descn~bed in paragraph 2 of [his Document 00400A or at any other time
thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by
bocument 00200 (Instimctions to Bidders) within the times specified therein. These documents include, but are not
limited to, Document 00520 (Agreement), Document. 00610 (Construction Performance Bond), and Document
00620 (Corrstmction Labor and Material Payment Bond).
8. Notice of Award or request for additional information maybe addressed to the undersigned Bidder at the address set
forth below.
9. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in
the United States, or a corporate surely bond famished by a surety authorized to do a surely business in the State of
California, inform specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (10%) of the
total of the Base Bid, plus Alternates, and rttade payable to the "City of Cupertino".
10. The undersigned Bidder agrees to commence Work under the Contrail Documents on the date established in
Document 00700 (General Conditions) and to complete a0 work within the time specified in Document 00520
(Agreement). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the
commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform
independent work at the Site, the extent of such work may rent be determined until after the opening of the Bids, antl
that the undersigned Bidder will be required to ccopemte with such other work in accordance with the requirements
of the Contrail Documents.
11. The undersigned Bidder agrees that, in accordance with Documem 00700 (General Conditions), liquidated damages
for failure to complete all Work in the Contrail within the time specified in Document 00520 (Agreement) shall be
as set forth in Document 00520 (Agreement).
12. Bidder Agrees that if awarded the job will complete the proposed work within the following time frames from the
commencement date as outlined more specifically in Doarment 00520(Agreement):
Contractor shall achieve Snbsta~ial Completion within 150 Days (excluding alternate) from the date
when the Contract Time commences to nm as provided in Document 00700 (General CondiHons).
Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in
accordance with Section 01770 (Contract Closeout) within 180 Days (excluding alternate) from the date
when the Coninct Time commences to rnn as provided in Document 007(10 (General Conditions).
City of Cupertino 00400 A - 3 Bid Form
City Center Pazk
Addendum No. 1 dated 7/2/03
Project No. 2003-9313
13. The names of all persons interested in the foregoing Bid as pri~ipals aze:
(IIvIPORTAId'T NOTICE: If Bidder or other interested person is a corporation, give the legal name of corporation,
state where incorporated, and names of president and secretary thereof; if a partnership, give name of the firm and
names of all individual co-partners composing the firm; if Bidder or other interested person is an individual, give
first and last names in full).
NAME OF BIDDER:
licensed in aceordance
Expiration: 5 / 31 /
Robert A. Bothman, Inc
California
Where incorporated, if applicable
I certify (or declare) under penalty of perjury under the laws
correct.
is true and
NOTE: if Bidder is a corporation, set forth the legal name of`the corporation together with the signanue of the officer or
officers authorized to sign contracts on behalf of the corporation If Bidder is a partnership, set forth the name of the firm
together with the signatrne of the partner or partners authorized W sign contrails on behalf of the partnership.
Business Address:
Officers authorized to sign contracts:
Telephone Number(s):
Fax Number(s):
Date of Bid:
Principals
650 Quinn Ave.
San Jose. CA 95112
Robert A. Bothman, President
James C. Moore, Vice President
Brian L. Bothman, Treasurer
408-279-2277
408-279-2286
July 16, 2003
END OF DOCUMENT
City of Cupertino 00400 A - 4 Bid Form
City Center Park
Addendum No. 1 dated 7/2/03
Project No.2003-9313
DOCUMENT 00410 A
SUBCONTRACTORS LIST
Bidder submits the following information as to the subcontractors Bidder intends to employ if awazded the Convact.
Full Name of
Subcontractor
Description of Subconractor's
Work Subcontractor's
License
Number Subcontractor's Mailing
Address Subcontractor's
Phone Number
1~eV
rSro~.4w-xs
Fr~cu~~G~,~,t'I
~8~3S1U !~ L~U X ~8S`~
~at~ ~Sose C/t
orSiSU ~~H
Zi~~-7115
~ /~
~~/' ~/ V. 1 ~ r eC~, ~ ~p ,
~ V ~' r .,I ~ 7 ~ y,~~
C ~ C
~:t_rl~i~
~~'~`-`~~
38137(c Izsr ~tzl .Dt'
~,-, ,bse C~-
g5(3L ~c~~'
q~s-R~oi
~-~Cc~ SSA
[Vt~ ~"
Me~c~l ~CcC~i~rCGc~.tc3t
70! I ~~ ZZP,~ (Jr~>~
~ ~~(~~ 5/O
Z3.~-q`1~
~~~
~ccvi,~c~ [~si9hs ~~t~~c~CK(l~~
+~V1LYS
~~sl L73 2Coloz F9ol1far'~y~
~ ,~~~ C~ 9s~r ~ U~
ZB~-~7~30
1~~~'t-
ET.~C-~-ic
~= l.~C-~~r`c~- ~
37Z ii8 31~i5/ ~CU1J
tfcy~ ~~~ 5'lv
~-Sz3z
City Of Cupertino
City Center Park
6/02/03
00410 A- 1
Subcontractors List
Project No.2003-9313
Subconvactor's Subcontractor's Mailing Subcontractor's
Full Name of Description of Subconractor's License Address Phone Number
Subconvactor Work Number
(Bidder to attach additional sheets if necessary)
END OF DOCUMENT
City Of Cupertino
City Center Pazk
6/02/03 00410 A- 3 Subcontractors List
Project No. 2003-9313
DOCUMENT 00420 A
NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE §7106
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
ss.
COUNTY OF Ganta Clara)
( James C_ Moore ], being first duly sworn, deposes and says that he or she is
Vice President [OtficeofAtfiant]of Robert A- Bothman, rnc[NameofBidder],
the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder
has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not dtrectly or
indrectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid, of that anyone shall
refrain. from bidding, and that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication
or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of
the Bid price, or of that of any other bidder, or to secure any.advant8ge against the City of Cupertino, or anyone interested in
the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, dtrectly or indirectly,
submitted its Bid price or any breakdown thereol; or the contents thereof; or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any
member or agent thereof to effectuate a collusive or sham Bid.
Executed under penalty of perjury under the laws ofthe State of California:
Subscribed and sworn before me
This day of
Notary Public ofthe State of
In and for the County of
My Commission expves
20
(Seal)
(If Bidder is a partnership or a joint venturA, this affidavit must be signed and sworn to 6y every member of the
partnership or venture.)
(If Bidder [including any parhter or venturer of a parmership or joint venture] is a corporation; this affidavit must be
sigoed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial
Officer, or Assistant Treasurer.)
(If Bidder's affidavit on this form is made outside the State of California, the official position of the person taking
such affidavit shall be certified according to law.)
END OF DOCUMENT
City of Cupertino
City Center Park
06/02/03
00420 A-1
Non-Collusion Affidavit
CALBFORNIA .4LL-PURPOSE ACKAIOWLEDGME~IT
State of ~~~G [ ~~ h I ~
County of c~l?%'l~~ (,~( ~i°
/~ ,,%% ] //~~ ;~ /~
On ~. _~ before me, (.~~ n a• ~. d'1'~i ~~, ~ /f /D T<~lG~ T/~" !G
D TE EE,
R
E OF OFFICER .G.. VANE DOE. NOTA PUBLIC
r
y
personally appeared ~ /~~ /~i~',~'/ v
,
NAME(S) OF SIGNER(S)
l~
ll
k
^
persona
y
nown to me - OR -
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
R
~
AG
~
°•'~. COMM.129U7b6 m signature(s) on the instrument the person(s),
fifornia i'A
~
~ Notary pubilc-0a
= ;
° SANTACLARACOUNTV s or the entity upon behalf of which the
w ~='~~
~
My Comm. Exp. Jan. 12, 2005 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
r SI NA7URE OF AR
OPTIONAL
Though the data below is not required by law, R may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
^ INDIVIDUAL
^ CORPORATE OFFlCER
mt E(s) TITLE OR TYPE OF DOCUMENT
^ PARTNER(S) ^ LIMITED
^ GENERAL
^ ATTORNEY-IN-FACT NUMBER OF PAGES
^ TRUSTEE(S)
^ GUARDIAWCONSERVATOR
^ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENmY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
Project No.2003-4313
DOCiJMENT 00430 A
Bid Bond
KNOW ALL BY THESE PRESBNTS:
- Robert A.
That the undersigned f Rnrhman , r„~ - 1 as Principal and the undersigned as Sarety are held and firmly
bound unto the CITY OF CUPF.RTIIQO, a Municipal Corporation of the State of California ("City"), as obligee, is the penal -
sum of 1 Ten Percent of the Bid Amfil•Dollan [(S r'n^°c n; a )1 lawful money ofthc United States of Ameriea
being at least tCn percent (10%) of the aggrogate amount of sand Pn~' 'nei'pa1 ( 1's base Bid, for the
payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, end assigns,
jointly and severally, firmly by these presents.
WIiE1tEAS, the said Principal is submitting a Bid for City Project Number 2003-9313, CITY CENTER PARK PROJECT.
_- THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted
and the Contras be awarded to said Principal and said Principal shelf within the regnired periods enter into the Contract so
awarded and provide the required Construction Performance Bond, Coasrcoction Labor. and Material Paymcni Bond,
iasmance certi5cates, and all other endorsements, forms, and documents required under Document 00200 (Inswctione to
-' Bidders), thm this obligation shall be void, otherwise to remain in full force and effect.
IN WITNE5S WHEREOF, the above bounden parties have executed this instrttmeat this f 7th 1 day of
I ..r;,~~ 12003: - -
(Corporate Seal)
By Ro rt Bot a Inc.
es Moore Principal
~~ rani Rira and Marine Insurance Company
Surety
(Corporate Seal)
By
v
David McGarry, A ttt ymFact
$ND OF DOCUMENT
City of Cupertino
'" CityCcnterPark
6/02/03
00430 A• 1
Bid Bond
CALIFORNIA ALL-PURPOSE ACI(NOWLEDGMENT
C
~
~ T U ~'riA ~
State of C,
L
County of `~ . ~ ' r
On before me, ~11ltG9, .~ ~Y~L'i 1zc,. /~~ ~'rv/ ~j~~~
O TE NA TLE OF OFFlC E.G.. "JANE DOE. NOlO PUBLIC
~
personally appeared r//~///~/°'
C ~
,
NAME(S) OF SIGNER(S)
personally known to me - OR - ^ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
_
~yx,,.t~. GINAB.FREITAG Or the entity upon behalf of which the
fy~~ COMM. 1290366 m erson s acted
t
d th
i
( )
r
, execu
e
e
nstrument.
Notary Publlc.Callfornia to p
,;M
N "~ ~ SANTACI.ARACWNTY j
W .;~i
,. My Comm. Exp. Jan. 12, 2005
WI
TN
ESS
my hand and official seal.
~
~
~
TORE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
^ INDIVIDUAL
^ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TmFCSI
^ PARTNER(S) ^ LIMITED
^ GENERAL
^ ATTORNEY-IN-FACT NUMBER OF PAGES
^ TRUSTEE(S)
^ GUARDIAN/CONSERVATOR
^ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR EtlrRVQES)
SIGNER(S) OTHER THAN NAMED ABOVE
ALL-PURPQSE ACK1~tOWLEDGEI-fENT
State of California
S5.
County of Santa Clara ))
On July 7, 2003 before me,
,pAT,,, ni ane De Silva
personally appeared David McGarry N AR,.
SIGY'RR~
® personally known to me - OR -
DIANE DE SILVq
Commission # 1305078
i ~~ Notary Public • California
Santa Clara County
My Comm. Ezpirroa May 27, 2005
^ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the v-ithin instrument and
acknowledged to the that he/she/they.executed
the same in his/her/their authorized
capacity(ies), .and .that .by his/her/their
signatures(s) on the instrument the person{s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
t~'fTNESS my hand and official seal
z1 //C.r~~v ~C.//' e~vG2~--
vOTARI"S SIGhATJRE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
ed;ement [o an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
^ INDIVIDUAL
^ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
^ PARTNER(S)
^ ATTORNEY-IN-FACT
^ TRUSTEE(S)
^ GUARDLAN/CONSERVATOR
^ OTHER:
SIGNER IS REPRESENTING:
\AME OP RERSOh!S? UR F.\'TITy(IE51
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
RIGHT THU\1BPR[NT =
OF S
SICKER I
o I
n
,-° i
APA Sr99
.~.wu-amKXq, SW-3b?-336H
The~~u' POWER OF ATTORNEY
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Power of Attorney Na. 23356 Cerdticate No. 1 3 3 1 4 1 3
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the S[a[e of New York, and that
St. Paul Fire and Marine Insurance Company, S[. Paul Guardian Insurance Company and S[. Paul Mercury Insurance Company are corporations duly organized under
[he laws of the Stale of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of [he State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the Slate of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of [he Slate of Wisconsin (herein collectively enlled the "Companies "), and [hat the Companies do
hereby make, cons[inne and appoint
David McGarry, Susan L. Yarnell, Arthur C. Cartnichael, Jr. and Naomi Parrish
of the Ci[y of San JOae ,State Cahfornla ,their true and ]awful Attorney(s)-in-Fact,
each in their sepaza[e capacity if more than one is named above, [o sign its name as surety [o, and to execute, seal and acknowledge any and all bonds, undertakings,
conRacts and other written instmmen[s in the nature thereof on behalf of [he Companies in their business of guaranteeing the fidelity of persons, guaaanteeing [he
performance of contracts and executing or guaaanteeing bonds and undertakings required or pcnni[ted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this ~~ day of June 2002
Seaboard Surety Company United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc.
~~y~ St. Paul Mercury Insurance Cnmpany /f q - `
9aKr M'-~ ! ~.^~ss y ~ 4SF~r'~b .W1m y/_ l1V//Apl~t/GVti/r~~
~~~ ~ ~ ~lta.,y d' ~ t~eBa~ + ~9n ]OHN 1'. PHMNEY, Vice President
ra ~t,SE AL `o' i',SfiRLji 7 ~ ~ 1957
Starr of Maryland /
City of Baltimore THOMAS E. HOIBREGTSE, Assistant Secretary
On this ~~ day of Jllne 2002 ,before me, [he ^ndersigned officer, personally appeared John E Phinney and
Thomas E. Huibregtse, who acknowledged themselves [o be the Yice President and Assistant Secretary, respectively, of Seaboard Surely Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, S[. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and [hat the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so [o do, executed the foregoing instmment for the purposes [herein contained by signing [he names of [he
corporations by themselves as duly authorized officers.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 13th day of luly, 2002.
~~,P EAS(Fy ~~y,I,tJ,tt,/~~ - T ~ ~/'~ n.."'~`i
~W NOrgRV 5~
m °ceuc s
REBECCA EASLEY-ONOKALA, Notary Public
SbgE CTt
86203 Rev. 7-2000 Printed in U.S.A.
~~+a..~~ S[. Paul Fire and Marine Insurance Company Unifed Stales Fidelity and Guaranty' Company
~~V' a7YhP.~ SL Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company
St Paul Mercury Insuranre Company Fidelity and Guaranty Insurance Undvx•riters. Inc
Seaboard Surety Company SL Paul Medical Liability Insurance Company
Bond No. ~.~_
RIDER CONTAINING
DISCLOSURE NOTICE OF TERRORISM COVERAGE
This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the
"Act"). No action is required on your part. This Disclosure Notice is incorporated in
and a part of the attached bond, and is effective the date of the bond.
You should know that, effective November 26, 2002, any losses covered by the
attached bond that are caused by certified acts of terrorism would be partially
reimbursed by the United States under a formula established by the Act. Under this _
formula, the United States reimburses 90% of covered terrorism losses exceeding
the statutorily established deductible paid by the insurance company providing the
coverage.
Under the Act, there is a cap on our liability to pay for covered terrorism losses if the
acgregate amount of insured losses under the Act exceeds $100,000,000,000 during
the applicable period for all insureds and all insurers combined. In that case, we will
not be liable for the payment of any amount which exceeds that aggregate amount of
$f oo,ooo,ooo,ooo.
The portion of your premium that is attributable to coverage for acts of terrorism is
50.00.
IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO
CHANGE ON ANY BONDS THAT PREMIUM !S CHARGED ANNUALLY.
Project No.2003-9313
DOCUMENT 00440 A
INDEMNITY AND RELEASE AGREEMENT
Dated July 16, 2003
POTENTIAL BIDDER: Robert A. Bothman, Inc.
CITY: THE CTTY OF CUPERTINO
SITE: ]0300 TORRE AVENUE, CUPERTINO, CA 95014
PROJECT: CTTY CENTER PARK
In consideration of the above-referenced City's permitting the undersigned potential bidder ("Bidder") to have
access to, and to conduct investigations, tests and/or inspections on, the Site, Bidder hereby agrees as follows:
1. To [he greatest extent permitted by law, Bidder hereby releases, and shall defend, indemnify and
hold harmless City, and its officers, employees, consultants (including without limitation
Consulting Engineer), representatives, and agents, and all other parties having any other interest in
the Site, against any claim or liability, including attorney's fees, arising from or relating to any
Site-related access, investigation, test, inspection and/or other activity conducted by Bidder or any
of Bidder's officers, employees, consultants, representatives, and/or agents, regardless of whether
claim or liability is caused in part by [he negligence of City or by any released and indemnified
P~Y•
2. Bidder hereby waives the provisions of California Civil Code Section 1542 which provides as
follows:
A general release does not extend to claims that the creditor does not know
or suspeM to exist in his favor at the lime of executing the release, which if
known by him, must have materially affected his settlement with the
debtor.
3. Bidder shall repair any damage to [he Site or adjacent property resulting from activities authorized
hereunder, and comply with and be subject to all other requirements and obligations described or
referenced in Document 00320 (Geotechnical Data and Existing Conditions).
4. Attached hereto (or to be delivered separately before Bidder's visit to the Site) is a certificate for
comprehensive genera] ,ljability~ insurance satisfying the requirements of Document 00700
(Genera] Conditidfis).
S. Although this Indemnity and Release Agreement is not a Contract Document (see Document
00520 [Agreement]), it shall be fully effective and binding regardless of whether Bidder submits a
Bid for the subject Project, is awazded a contract for the Project, or otherwise.
_ ame of Bidder ~ ~~jj''
/fir tore Ames C. Moore Signature Brian L. Bothman
I"' tr: Vice President Ita: Treasurer
Title (If Corporation: Chairman, President or Vice
President)
Title (If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer or Assistant Treasurer)
City of Cupertino 00440 A Indemnity and Release Agreement
City Center Pazk
6/02/03
ESCROW AGREEMENT FOR RETENTION DEPOSITS AND
SECURTi'IES IN LIEU OF RETENTION
This Escrow Agreement is made and entered into effective August 22.2003
by and between City of Cupertino ,whose address is to3oo Toae Avenue.
Cupertino. CA 95014-3255 .hereinafter called "Owner", and
Robert A. Bothman. Inc. whose address is 650 Ouinn Avenue San Jose. CA 95112,
hereinafter called "Contractor", and
Bank of Los Altos whose address is P.O. Box 607 Los Altos. CA 94023-0607 ,
hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, Owner, Contractor, and Escrow Agent agree as
follows:
1. Pursuant to Section 22300 of The Public Contract Code of the State of California,
Contractor has the option to deposit securities with Escrow Agent as a substitute for
retention earnings required to be withheld by owner pursuant to the Construction
Contract entered into between the Owner and Contractor for City Center Pazk.
Project No. 2003-9313 in the amount of $883.634.00 dated August 16.
2003 hereinafter referred to as the "Contract"). Alternatively, on
written request of the Contractor, the Owner shall make payments of the retention
earnings directly to the Escrow Agent. When the Contractor deposits the securities as
a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10
days of the deposit. The market value of the securities at the time of the
substitution shall be at least equal to the cash amount then required to be withheld as
retention under the terms of the Contract between the Owner and Contractor.
Securities shall be held in the name of the Owner, and shall designate the Contractor
as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for those funds which
otherwise would be withheld from progress payments pursuant to the Contract
provisions, provided that the Escrow Agent holds securities in the form and amount
specified above.
3. When the Owner makes payment of retentions earned directly to the Escrow Agent,
The Escrow Agent shall hold them for the benefit of the Contractor until the time that
the escrow created under this contract is terminated. The Contractor may direct the
investment of the payments into securities. All terms and conditions of this
agreement and the rights and responsibilities of the parties shall be equally applicable
and binding when the Owner pays the Escrow Agent directly.
1 of4
4. Contractor shall be responsible for paying all fees for the expenses incurred by
Escrow Agent in administering the escrow account, and all expenses of the owner.
These expenses and payment terms shall be determined by Contractor and Escrow
Agent.
5. The interest earned on the securities or the Money Market accounts held in escrow
and all interest earned on that interest shall be for the sole account of Contractor and
shall be subject to withdrawal by Contractor at any time and from rime to time
without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the
Escrow Account only by written notice to Escrow Agent accompanied by written
authorization from the Owner to the Escrow Agent that Owner consents to the
withdraw] of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of
the default, the Escrow Agent shall immediately convert the securities to cash and
shall distribute the cash as instructed by the Owner, exclusive of any interest earned
or accrued.
8. Upon receipt of written notification from the Owner certifying that the Contract is
final and complete, and that the Contractor has complied with all requirements and
procedures applicable to the Contract, Escrow Agent shall release to Contractor all
securities and interest on deposit less escrow fees and chazges of the Escrow Account.
The escrow shall be closed immediately upon disbursement of all monies and
securities on deposit and payments of fees and chazges.
9. Escrow Agent shall rely on the written notifications from the Owner and the
Contractor pursuant to Sections (5) to (8), inclusive, of this agreement and the Owner
and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and
disbursement of the securities and interest as set forth above.
10. The names of the persons who aze authorized to give written notice or to receive
written notice on behalf of the Owner and on behalf of Contractor in connection with
the forgoing and exemplars of their respective signatures are as follows:
2 of 4
ON BEHALF OF OWNER:
C.~_
(Titl~
t o
W
Signature
Date
8.19,03
ON BEHALF OF ESCROW /' ENT:
Title
BANK OF I nc AL]'9S
I~i~CIA "PATSY' OUYE
VICE PftESIDENTICASH AWJAGEMENT SERVICES
4546 EL CAMINO AT SAN AN70NI0
S>.gna
~ ~ ~> ~.
Date
~~`' %~' ~fi7~vy
Title
(G~ a(LPS_~'E? N
Name
Signature
Date
ON BEHALF OF CONTRACTOR:
President
Title
Robert A. Bothman
Name
Signature
Date
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the
Escrow Agent a fully executed counterpart of this Agreement.
3 of 4
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper
officers on the date first set forth above.
OWNER:
C~~ -r ~"-
Title
~~ ~~ ~~~~
Name
~/ ~ ~~
Signature 8 ~ ~ , 03
ESCROW AGENT:
BANK OF LOS ALTOS
PATRICIA'AATSr 6Hj~
11'~EPRESIDENTICASN MANAGEMENT SERVICES
4546 EL CAMINO AT SAN ANTONIO
LOS ALTOS, CA 94022
N me
C
,~~~~ li(G~- 1,
Signature
OWNER: -7 ~~~
-7 t.~
Cv~ C17`J~o/PNrs~
Title
Name
Signature
CONTRACTOR:
President
Title
Robert A. Bothman
N
ignatur
4 of 4
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
I~~~~~~~~~I~~N~~1~1~I~~~l
L 4.,.
Pages 3
Fees.... No Fees
Taxes...
Copies.. ~-
AMT PAID
BRENDA DAV!S RDE # 009/007
11/24/2004
SP,NTA CLARA COUNTY RECORDER 10;41 AM
Recorded at the request of
City
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE INACCORDANCE
WITH GOY. CODE 6103
CERTIFICATE OIL' COMPLETION
AN:D
NOTICE OF ACCEPTANCE OF COMPLETION
CITY CENTER PARK PROJECT
PROJECT NO. 2003-9313
Original
O For Fast Endorsement
CITY OF
CUPEf~TINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
ANDS
NOTICE OF ACCEPTANCE OF COMPLETION
CITY CENTER PARK PROJECT,
PROJECT NO.2003-9313
NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works
and City Engineer of the City of Cupertino, California, do hereby certify that the work and
improvements in hereinafter described in the contract which was entered into, by, and between
the City of Cupertino and Robert A. Bothman, Inc. on August 19, 2003, in accordance with the
plans and specifications for said work, have been completed to my satisfaction and acceptance of
completion was ordered on November 16, 2004.
That said work and improvements consisted of furnishing all labor, materials, tools, and
equipment required to complete said project, all pis more particularly described in the plans and
specifications for said project.
~uu~
Director of Public Works and
City Engineer of the City of Cupertino
Date: November 17, 2004
Printed on Recycled Paper
VERIFICATION
I have reviewed this Certificate of Completion and Notice of Acceptance of Completion.
To the best of my knowledge, the information contained herein is true and complete.
I verify under penalty of perjury under the- laws of the State of California, that the
foregoing is true and correct.
Executed on the 18th day of November, 2004 at Cupertino, California.
a. ,`Z
Adminisi ative Clerk
City of Cupertino