E.A. Buttler Contractors, Inc.
i)~i
December 8, 1971
E. A. Buttler Contractors, Inc.
Post Office Box 91
Salinas, California 93901
Subject: Contract, Northslde Park Project - Gilroy
Gent lamen:
Enclosed Is a fully executed copy of the subject
contract for your file.
Very truly yours,
Fred O. Wood
City Administrator
FOW:ec
Enc losure (1)
...
HUD-4238-f
(6-661
CONTRACT
THIS AGREEMENT, made this
26th
day of
October
71
,19-,byand
between
City of Gilroy, a municipal corporation
(Corporate Name of Owner)
, herein called "Owner," acting
herein through its
Mayor
, and
(Title of Authorized Official)
E. A.
STRIKE OUT
INAPPLICABLE
TERMS
Buttler Contractors, Inc.
(a corporation) (atrNWf.5y..~
(Jlft}r1"'N'I-~JJ/JM/t#Wf5N I
)
of
Salinas
, County of
Monterey
, and State of
California
hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete
the construction described as follows:
NORTHSIDE PARK ROUGH GRADING <as per attached specifications)
hereinafter called the project, for the sum of Twen ty-S I x Thousand Dollars
($ '16.000 ) and aU extra work in connection there~ith, under the terms as stated in the General and Special Con-
ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to com-
plete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Sup-
plemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue
prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents
therefor as prepared by Roys ton. Hanamoto. Beck &. Abbey , herein entitled the Architect/Engineer,
and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and col-
lectively evidence and constitute the contract.
The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within--45-- consecutive calendar days
thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $ 50.00 for each consecu-
tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to
additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account
thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions.
(Over)
r
...
....
IN WITNE'SS WHEREOF, the parties to thesc prescnts have executed this contract in six (6) countcrparts, each
of which shall be deemcd an original, in the year and day first above mcntioncd.
(Seal)
ATTEST:
(Seal)
lm.~
(Secretary) S"~..-~.
(Witness)
CITY OF GILROY,a municipal corporation
(Owner)
By
4h~'" /L- ~-.-ILU~
Mayor
(Title)
By
E. A. BUTTLER CONTRACTORS, INC.
(Contractor)
~~ 'I
> //n (L-///
() .- C~~ . '< /' Jd;:'/
:/)
Js-'~ /
'(Title)
rC)'fd.c;x. f'(,.d:.L?b' fJ'F'1
(A ess Bnd. ip Code) /
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
HUD-4238-F (6-66)
GP 0 869-380
r
CERTIFICATE OF INSUR,MJ,CE.,",~
T; ,; S IS TO CERTIFY that policies in the name of
NA]V:~: OF INSURED
^1Jill{ESS
E. A. Buttler Contractors, Inc.
P. O. Box 91, Salinas, California 93901
c.~.l'<.:' in torce at the date hereof as follows:
:C;,\D Of POLICY
POLICY NO.
POLICY
PERIOD
LIMITS OF LIABILITY
Bodily Injury Property Dam&ge
,\. \'!orkmen T s
Compensation
Eff.
Exp.
J. Automobile
:,~ClbiJ_ity
C') oWl1ed
\2'; :-.L.1ed
~3) other
non-owned
Eff.
Exp.
Ea Person $
Ea Accid. $
Ea Accid. $
ACV Comprehensive
Fire, Theft & TrGnsportation
deductible collision
Covered
Covered
Covered
Not Covered
Not Covered
Not Covered
l:. ::UJ.l~:J:cehensive
;,iabili ty
C~) Automobile
Eff. Ea Person $ Ea Accid. $
Exp. Ea Accid. $
Eff .7/31/71 Ea Person $ 100,000 Ea Accid. $ 100,000
Exp.7 /31/72 Ea Accid. $ 300,000 Aggregate $ 100,000
Eff. Ea Person $ Ea Accid. $
Exp. Ea Accid. $ Aggregate $
Eff.
Exp.
(2) General
Royal-Globe Insurance Co.
D. Contractual
Liability
:::. Other
and cover in accordance with the policy terms
Certificate issued to:
Name
Address
City of Gilroy
City Hall, Gilroy, California
TEN DAYS NOTICE WILL BE GIVEN TO CERTIFICATE HOLDER IN THE EVENT OF ANY MATERIAL CHANGE
O~ CANCELLATION OF THE ABOVE POLICIES
;;[1. TSD :
i'ju.iled
,'21:.vered
.J y \'.;1wm
12/1/71
12/1/71
[\,,^I'V'jE OF INSURED
M)])l\[SS
E. A. Buttler Contractors~ Inc.
P. O. Box 91~ Salinas~ California 93901
2re in force at the date hereof as follows:
KIND OF POLICY
POLICY NO.
POLICY
PERIOD
LIMITS OF LIABILITY
Bodily Injury 'Property Damage
A. v'!orkmen IS
Compensation
Eff.
Exp.
B. Automobile
Liability
C;'.) owned
(2) hired
(3) other
non-owned
Eff.
Exp.
Ea PersQn $
Ea Accid. $
Ea Accid. $
ACV Comprehensive
Fire, Theft & Transportation
deductible collision
Covered
Covered
Covered
Not Covered
Not Covered
Not Covered
C. Comprehensive
LiabiliCcy
(1) Automobile
(2) General LU 63 70 64
Royal-Globe Insurance Co.
Eff. Ea Person $
Exp. Ea Accid. $
Eff.7/31/71 Ea Person $ 100~000
Exp. 7/31/72 Ea Accid. $ 300,000
Eff. Ea Person $
Exp. Ea Accid. $
Eff.
Exp.
Ea Accid. $
Ea Accid. $100,000
Aggregate $ 100,000
D. Contractual
~iability
Ea Accid. $
Aggregate $
E. Other
and cover in accordance with the policy terms
Certificate issued to:
Name
Address
City of Gilroy
City Hall, Gilroy, California.
TEN DAYS NOTICE WILL BE GIVEN TO CERTIFICATE HOLDER IN THE EVENT OF ANY MATERIAL CHANGE
OR CANCELLATION OF THE ABOVE POLICIES
DA'1'E;) : 11/ 21./71
lYlai:"ed 11/22/71
lJ-:::"ivered
a J \\-:'".-.Ohl
GROWERS INSURANCE AGENCY
AuthQ~::;,,:,,1. i v,,_....
! ::,-(
CERTIFICATE OF INSUr-ANCE,
'..',.lS IS TO q:RTIFY that policies in the name of
J\jJJ.'1E OF INSURED
ADDRt:SS
E. A. Buttler Contractors, Inc.
P. O. Box 91, Salinas, California 93901
2~e in force at the date hereof as follows:
~GND OF POLICY
POLICY NO.
POLICY
PERIOD
LIMITS OF LIABILITY
Bodily Injury Property Damage
A. 'v\!orkmen T S
Compensation
Eff.
Exp.
b. AJtomobile
Liability
~~) owned
,,'.')) ,. d
... .tllre
Eff.
Exp.
Ea PersQn $
Ea Accid. $
Ea Accid. $
(3~ o-:her
non-owned
ACV Comprehensive
Fire, Theft & Trensportation
deductible collision
Covered
Covered
Covered
Not Covered
Not Covered
Not Covered
c. Comprehensive
Liability
~l) Automobile
(2) General LU 63 70 64
Royal-Globe Insurance Co.
Eff. Ea Person $
Exp. Ea Accid. $
Eff. 7/31/71 Ea Person $ 100,000
Exp. 7/31/72 Ea Accid. $ 300,000
Eff. Ea Person $
Exp. Ea Accid. $
Eff.
Exp.
Ea Accid. $
Ea Accid. $100,000
Aggregate $100,000
D. Contractual
.....,iability
Ea Accid. $
Aggregate $
~. Other
an~ cover in accordance with the policy terms
Ce~tificate issued to:
Name
Address
City of Gilroy
City Hall, Gilroy, California
~t:N DAYS NOTICE WILL BE GIVEN TO CERTIFICATE HOLDER IN THE EVENT OF ANY MATERIAL CHANGE
UA CANCELLATION OF THE ABOVE POLICIES
'L '.'=". 11/21/71
UL......L.......JJ .
Mai~ed 11/22/71
Delivered
13 y Vfh.om
GROWERS INSURANCE AGENCY
Autho~~:ative
.:' 6___
...
HUD-4238-F
(6-661
CONTRACT
THIS AGREEMENT, made this
2bth
day of
Oc tober
11
,19-, by and
between
City of Gilroy, .. municipal .:0' pM.tlon
(Corporate Name of Owner)
, herein called "Owner," acting
herein through its
Mayor
,and
(Title of Authorized Official)
E. A.
STRIKE OUT
INAPPLICABLE
TERMS
Buttler Contractors. Inc.
(a corporation) (a/rIJtHi3/I~
~~/,pJ."'I.'/.~M~N/JaI,1
)
of
Sa'lnas
, County of
MOnterey
, and State of
Callfarn'.
hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete
the construction described as follows:
NORlHStOE PARK ROUGH GRNJING (as per attac:.hed speclflc.ltlons)
hereinafter called the project, for the sum of Twenty-Six Thous..d Dollars
($ 26 ,000 ) and all extra work in connection therewith, under the terms as stated in the General and Special Con-
ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to com-
plete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Sup-
plemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue
prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents
therefor as prepared by ROys too. ~ t::J. hck " Abbey , herein entitled the Architect/Engincer,
and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and col-
lectively evidence and constitute the contract.
The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within~ consecutive calendar days
thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $ 50.00 for each consecu-
tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to
additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account
thereof as providcd in Paragraph 25, "Payments to Contractor," of the General Conditions.
(Over)
r
IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterpa:ts, each
of which shall be deemed an original, in the year and day first above mentioned.
(Seal)
ATTEST:
~((
47:
C I TV OF t 'LRret,d') lfIUf1l G I,.. Gf)rpor. t i 00
),~ L3g- /7 ;/
/tt72'lt./L-;t1 -" ~~h-~
By
""yor
(Title)
(Seal.)
A 'tll'~.:j.'A~
---1:. A. IlUTTlfR CtfiTRACTMS, HK:.
//~ (Contractor)
(C;;>~ . /
~:: / / /-:" ~~~~~
By
(Witness)
/-)
/L/ .
:/;7~
. (TItle)
~ L~'~;1
--- - /J c:.:'. - /
/~~!5' 7 d /;..~ .,.
, (AZ':.. '?';,P Cod.) fJ!: /'
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
HUO-4238-F (6.66)
GP 0 869-380
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'PERFORMANCE BOND
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KNOW ALL MEN BY THESE PRESENTS: That we E. A. Butt] py. 'r.n'n+X"8C't'Q1;>:;;' 'InG .
(Name of Contractor)' .
a
Corporation
(Corporation. Parter.hlp, or Indivldual)
I'
hl'neinafter called "Prin.cipaJ" and
of San Francisco
Indust,...i a] Tnrl pmn; t'y ~&rj:l~~wny
. State of California
hereinafter
'". . . '.
",,,~ .: i ../ f,_I,,',,'-:1 ;.' 'I
caUed the "Surety". are held and firmly bound into,
I, " .... .' .._. o. . _ '. .._ ._.. . _ ....., ," ." .,_. ..'
City of Gilrov. a municipal ~O""p~~R+;nn
(Owner)
of
Gil:i.'ov. Californirl
(City and State)
. hereimifter
~ t:I':~, ~. .~; ", . ~ ';"~lI.'~' i., :
called "Owner". in the penal sum of
Twenty-~i1( 'f'hom::Rnrl apd No/lOa
- - - - - - - - - - - - -
...._.".- h ..-. -.. '-.. - ,,-.... ';" ~ ".~ "-~~-;--a';'i . ",:'" ..:~.;'~"':,':,'~'~!' ...- .
- - - - - - - - - - - -
- - -
Dollars
($' 26.000.00 .. .. .. ) in lawful money of the United states, for the payment of y.rhich sum well and truly
to be made, we bind ourselves. our heirs, executors, administrators and succe'ssors ~joindy' and severally,
firmly by these presents. . ' ....-..-,
t.. :.
."r;~>rr'~ ..
THE CONDITION OF THIS OBLIGATION is such t hat Whereas. the Principal entered into a certain
contract with the Owner, dated the 26th 'day of O~+oh p,... . 19...ll. a copy of which is
hereto attached and made '8.' p~rt hereof for the construction of:
..,._._....___,..~",.,.._~....___ .... .~..4_......'.. .___.. _....._..."......
'\". 'e l'~:~ t ~.,~ 1";":)
Northside Park Rough Gradinsz (, I J d' i
, . ~ t .. , ~ " '., .
. -.
,II;. I,";
., ,
.: .....,
t"~~1 " ~: ~ ':<I' .. .':.6'."1
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the under.
takings, covenants, terms, conditions, and agreements of said contract' durIng the'originat:term.th'ereof, and
any extensions thereof which may be granted by the Owner. with or without notice' to the Surety, and if he
shall satisfy all claims and demands incurred under suclt contract, and shall fully indemnify and save harm-
less the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reo
imburse and repay the Owner all outlay and expense which the Owner may incur in making good any default,
then this obligation shall be void: otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition Lo the terms of the contract or to tbe work t~J)e performed
thereunder or the specifications accompanying the same shall in any wise ~rf~.~t Hs -obligation on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the ~ontract or to the work or to the specifications.
'~HU().4238.H, 0\.67) Previous editions are obsolete
4 :".-t. ~ r \') " ,"'
~,
PROVIDED. FURTHER, that no final s~ttlement between the Owner and the Contractor shall abridge
the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WI'rNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall
be deemed an original, this the 26th day of October 19~., ' :'( I,
.. II
ATTEST:
, J
'. ,:
E. A. BUTTLER CONTRACTORS. INC.
Princ/pa'
( ....1.':..'
:;;;-' -
k".;Z'-Iz-f~'~
.... - ".
(S)
(Princ/pa') Sec,et.ry
( SEAL)
BY'
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(Addn...Zip Cod.)
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IF/tn... .. 10 Princ/pa'
(Adc..,....Zlp Code)
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INDUSTRIAL' INDEMNI1Y 'COMPANY
~~
BI'~~'I'~
, -- Aftomo,.I,..."..
:' M. S ~ 'Fields
ATTEST:
~ ,; , ! '
(Sunt)') Sec,.I.ry
(SEAL)
IFltn... .. to SUNlty
7 John Street. Salinas, California
(AcIcbe...Zlp Cod.' 93901
(Addn...Zlp Codo)
":. ,j ::,', '!
NOTE: Date of Bond must not be prior to date of Contract.
U' Contractor is Rartnership. all partners should execute bond
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HUo.~238-H (\1.671
l......
....
l
I
State of
California
I".
County of
Monterey
J::--"~""'~r'."'.~l~
..cOF> TIS
~..7~~""'''''''~'' JERny R'. GAT
V[ 1..1\
it 1i.\ NOTARY PUBLIC CALIFORNIA
t 'II MONTEREY COUNTY
;~V MyCommission ExplresJan,18,1974
'.> - ~'~~.;;~.....
7 Joh~ ;;.';'~linas. Calif. 93901
IYOllO R3 (10/1141
On ~1:obpl" 26, 1 q71 ,before me, the undersigned,
a Notary Public of said county and state, personally appeared
M. ~_ Fipln~
known to me to be the Attorney of the INDUSTRIAL INDEMNITY
COMPANY, the Corporation that executed the within instrument, and
known to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to me
that ,uch Ca'pa,aHan executed ~ t ~'Y ;ubHc
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we E. A. Buttler Contractors. Inc.
(Name of Contractor)
a Corporation
(Corporation, Partnership, or Individual)
hereinafter called "Principal" and Industrial Indemnity Company
(Surety)
of
San Francisco
, state of
California
hereinafter called the "Surety", are held and firmly bound unto
Citv of Gilrov, a municipal cor~qretion
(OWner)
Gilroy, California
(Ci ty and State)
of Twenty-six Thousand and No/IOO
hereinafter called "Owner", in the penal sum
- - - - - - - - - - - - - - - - - - - - - - -
Dollars ($ 26,000.00 - - - ~ in lawful money of the United States, for the
payment of which sum'well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, Jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal en-
tered into a certain contract wi th the Owner, dated the 26tPday of October
19~, a copy of which is hereto attached and made a part hereof for the con-
struction of:
Northside Park Rough Grading
NOW, THEREFORE, if the Principal shall promptly make payment to all persons,
firms, subcontractors, and corporations furnishing materials for or performing
l~bor in the prosecution of the work provided for in such contract, and any au-
thorized extension or modification thereof, including all amounts due for ma-
terials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equip-
ment and tools, consumed or used in connection with the construction of such
work, and all insurance premiums on said work, and for all l~bor, performed in
such work whether by subcontractor or otherwise, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said surety, for value received hereby stip-
ulates and agrees that no change,. extension of time, al teration or addi tion to
the terms of the contract or to the work to be performed thereunder or the speci-
fications accompanying the same shall in any wise affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time,
alteration or add1tion to the terms of the contract or to the work or to the
specifications.
HUD.4238-I (11,67) Previous Editions ore Obsolete
PROVIDED, FURTHER, that no final settlement between the Owner and the Con-
tractor shall abridge the right of any beneficiary hereunder, whose claim may
be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts,
each one of which shall be deemed an original, this the 26thday of October,
19 71,
ATTEST:
(Principal)
Secre'ary
E. A. BUTTLER CONTRACTORS, INC.
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(SEAL)
B)
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(Addre..-Zip Code)
ricne.. a. '0 Principal
(Addreu-Zip Code)
INDUSTRIAL INDEMNITY COMPANY
ATTEST:
Surety
i _
(Sure'y)
(SEAL)
Secre'ary ~
B~~~
... A' orney-,n-'ac,
.M. S. Fields
ricne.. o. to Sure'y
(Addus-Zip Code)
7 John Street
Salinas, O~1~~b~f~e93901
J
NOTE: D~te of BOnd must not be prior to date of Contract.
If Contractor is Partnership, all partners should execute bond
HUD.4238.) (11.67)
V. .. OOVERNMI:NT PRINTING OFnCE I 1981 0 . 328-480
...
T
I
State of
California
County of
Monterey
I".
oj.
7 JO~~S;:':S81i~8S. Calif. 93901
lYOClO R3 (10/Cl41
On October 26 , 1971 , before me, the undersigned,
a Notary Public of said county and state, personally appeared
M. S. Fields
known to me to be the Attorney of the INDUSTRIAL INDEMNITY
COMPANY, the Corporation that executed the within instrument, and
known to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to me
,hot ,uch Co'po,o';on executed the ,ome.t ~ '
~ Noto')' Publ;c
... ..
Jtnotu all mtn bp tfJt~t ~rt~tnt~:
HOME OFFICE
INDUSTRIAL
INDEMNITY
COMPANY
SAN FRANCISCO
J'ower of ~ttorne!,' 248=_
.--:;.
~
That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California,
and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint
__oH,_~___'~___~n_~__________M, S. FIELDS or JERRY Ro GATTIS-------------------------------
its true and lawful attorney for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipulations,
consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of
~ - - - - -, ~ -- - - - - - - -- - - - - - - - -, -- -- - - - - -- - -ALL OBLIGEES- - -~, - -"~ - - - -,- - - - - -- - - - - -- - - --- - - - - - - - -- --
provided that the liability of the Company as surety under his authority, in no one instance shall exceed the sum of
---------------------------------------UNLIMITED---------------------------..-------------
thousand dollars, and reserving to itself full power of substitution and revocation.
This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUS-
TRIAL INDEMNITY COMPANY at a meeting held on the 27th day of January, 1971, reading as follows:
"RESOL VED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of this com-
pany, when attested to by the Secretary or an Assistant Secretary of this company, be and he hereby is authorized to execute Powers
of Attorney qualifying the attorneys selected to act under such Powers of Attorney to execute on behalf of Industrial Indemnity
Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto."
In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its Corporate Seal to be
affixed by its proper officers, at the City of San Francisco, California, this 29TH day of JULY , 19 7 1 .
INDUSTRIAL INDEMNITY COMPANY
SEAL
By Do H. McCOMBER
D, H, McCOMBER, EXECUTIVE VICE PRESIDENT
Attest:
DONALD W. SATTERLEE
DONALD W 0 SATTERLEE, Assistant Secretary
STATE OF CALIFORNIA t
CITY AND COUNTY OF SAN FRANCISCO ~ ss.
On this 29TH day of JULY ,19, 71 , before me, MARY MUELLER
a notary public in and for the City and County of San Francisco, State of California, personally appeared
Do Ho McCOMBER and DONALD Wo SATTERLEE
known to me to be the EXECUTIVE VICE PRESIDENT and ASSISTANT Secretary of the corporation
which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution
referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors
on January 27,1971, and that the same is in full force and effect.
In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written.
My commission expires
JULY 14, 1975
MARY MUELLER
Notary Public in and for the City and County
of San Francisco, State of California
SEAL
I, W. H. EAGLETON, ASSISTANT VICE PRESIDENT ofINDUSTRIAL INDEMNITY COMPANY,
do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said origi-
nals, and that said Power of Attorney has not been revoked but is still in full force and effect.
In witness whereof, I have hereunto subscribed my name as such officer and affixed !he seal of INDUSTRIAL INDEMNITY
COMPANY at the City of San Francisco, California, this day of
SEAL
IY041 R6 (2/711
FORM 1 Y040
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'."'; 'PERFORMANCE. BOND'
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KNOW ALL MEN BY THESE PRESENTS: That we. E. A. Butt] py> 'r.n'ntl""::l(>tor~i 'lIlt! .
(Name of ConlraC:lor)' .
a
Corporation
(Corporation, Parter.hip. or Indivldual)
I'
hereinafter called It Prin.cipal" and
of San Francisco
Indw:;tY'iFll Tnilpmnity CO~rI1Y
(Sur .,
. State of California
hereinafter
,;~,,~.:,:. %. 'f...,',;"~'\~" ~.
ca.lled the "Surety". are held and firmly bound into.
.',' .~ .,._... .-.' ..-.--.. .~. ,....-...._. ...'
City of Gilrov. a municipa] 00Y'p~~::lTinn
(Owner)
of
Gil:i.'ov. CalifornjFl
(Clty and Slate)
. hereinafter
- . .. . ... ~
~.... t 'I, \ f: I -:-. . ," ,', ,\ tl.i'~ t.. ;
called "Owner". in the penal sum of
Twenty-Si'll 'r'hnm::::lnil and ~To/IOO
\l.f\~'. \\!1"1 v'\ "..... ~:&,...'~'..d!
-----
Dollars
($' 26.000.00 _ _ _ ) in lawful money of the United States. for the payment of y.ohich sum well and truly
to be made. we bind ourselves. our heirs, executors, administrators and succe'ssors ~joindy and severally,
firmly by these presents. . . "H - ..'..
t' :.
.. "f ;~>i' r.~ i
THE CONDITION OF THIS OBLIGATION is such t hat Whereas, the Principal entered into a certain
contract with the Owner, dated the 26thdliy of 00TOhpl'" , 19-Zl. a copy of which is
hereto attached and made'a.' p~rt hereof for the construction of:
_.._._~--_.~.. ...-.~...-_. '.. .."...-..... ....
"\'" ",'" ...,::. \ ~\~ .,..,..:\
Northside Park Rough Gradinsr
! . ! f... i
..., .. .....
'I I;. l,,:
',',bt:... "'-I:~ .:,.. ':;6'."1
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the under-
takings, covenants, terms, conditions. and agreements of said cont'ract'during the'originaI: term.th'ereof, and
any extensions thereof which may be granted by the Owner, with or without notice' to the Surety, and if he
shall satisfy all claims and demands incurred under suclt contract, and shall fully indemnify and save harm-
less the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall re-
imburse and repay the Owner all outlay and expense which t'he Owner may incur in making good any default,
then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the speCifications.
I~HUD-4238.H. (l\-67) P"vioul ,ditionl or, ohlol,.,
, ~.(. ~')" ) 'l..
z .
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge
the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WI'I'NESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall
be deemed an original, this the 26th day of October 19..ll.-.., . f.
"
ATTEST:
.)
E. A. BUTTLER CONTRACTORS. INC.
Principal
'''rc'./!l>>~
(S)
(Principal) Secre'ary
(SEAL)
By
" '''l''':,''
~, 'I I , T '_. .
.,
(AdcIn...Zip Code)
. It,', It \
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Wltnee. .. '0 Principal
. .,
(AddN...Zlp Code)
. ;,"J.!.'i '.
INDUSTRIAL' INDEMNITY 'COMPANY
B~~9-
, '. '. .,. . Allomer'''''.
M. S. Fields .
ATTEST:
,\ If''
. ~ ~ ;
(S"'T) Secre'.ry
. (SEAL)
7 John Street. Salinas, California
(Add......Zlp Code) 9 39 01
W"n... .. '0 SU"'Y
(AdcIn"'Zlp Code)
":! \
;" .
NOTE: Date of Bond must not be prior to date of Contract.
If Contractor is Partnership, all partners should execute bond
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ero ""114 HUo.4238-H (1\.67]
~ r
T
State of
County of
lYOllO RS (10/841
California
Monterey
I".
..c.-~ ~ ~ ~ ~~6hICIAL SEAL
~\...OF 1'. S
~"'.."....." JERRY R. GATTI
NOTA[(Y PUBLIC. CALIFORNIA
MONTEREY COUNTY
My Commission Expires Jan. 18,1974
~,__.....,'~...~--;:;r:::::""~/"'~";::-
7 John St., Salinas. Calif. 93901
On October 26 , 1971 , before me, the undersigned,
a Notary Public of said county and state, personally appeared
M. S. Fields
known to me to be the Attorney of the INDUSTRIAL INDEMNITY
COMP ANY, the Corporation that executed the within instrument, and
known to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to me
~at .uch Ca'pa,a.;an .x.c~~/ ~
Notary Public
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we E. A. Buttler Contractors. Inc.
(Name of Contractor)
a Corporation
(Corporation. Partnership. or Individual)
hereinafter called "Principal" and Industrial Indemnity Company
(Surety)
of
San Francisco
. State of
California
hereinafter called the "Surety". are held and firmly bound unto
Citv of Gilrov, a municipal corpqfption
(Owner)
Gilroy, California
(Ci ty and State)
of Twenty-six Thousand and No/IOO
hereinafter called "Owner". in the penal sum
Dollars ($ 26,000.00 - - - j in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves. our heirs.
executors, administrators and successors. jOintly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal en-
tered into a certain contract with the Owner. dated the 26tPday of October
19~, a copy of which is hereto attached and made a part hereof for the con-
struction of:
Northside Park Rough Grading
NOW, THEREFORE, if the Principal shall promptly make payment to all persons.
firms, subcontractors. and corporations furnishing materials for or performing
labor in the prosecution of the work provided for in such contract. and any au-
thorized extension or modification thereof, including all amounts due for ma-
terials, lubricants. oil. gasoline, coal and coke, repairs on machinery, equip-
ment and tools, consumed or used in connection with the construction of such
work, and all insurance premiums on said work. and for all labor, performed in
such work whether by subcontractor or otherwise, the" t~~s obl~gation shall be
void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said surety. for value received hereby stip-
ulates and agrees that no change, extension of time. alteration or addition to
the terms of the contract or to the work to be performed thereunder or the speci-
fications accompanYing the same shall in any wise affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time.
alteration or addItion to the terms of the contract or to the work or to the
spec1tIcat1ons.
HUD.4238.I (11.67) Previoul Editionl ore Obsolete
PROVIDED, FURTHER, that no final settlement between the Owner and the Con-
tractor shall abridge the right of any beneficiary hereunder, whose claim may
be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts,
each one of which shall be deemed an original, this the 26thday of October,
19 71.
ATTEST:
(Principal)
Secretary
E. A. BUTTLER CONTRACTORS~ INC.
f! 6~7l~~ _(8)
(SEAL)
B)
(Addre..-Zlp Code)
'i'ne~' a. '0 Principal
(Addre..-Zlp Code)
INDUSTRIAL INDEMNITY COMPANY
Surety
ATTEST:
(Surely)
(SEAL)
Secre'ary 4
....~
.~... .
By ,
. .. . AU' .~~.~F'"
,M. S. Fields
'itne.. .. to Surety
(Addus-Zlp Code)
7 John Street
Salinas, O~1~~b~fwe93901
t
NOTE: D~te of Bond must not be prior to date of Contract.
If Contractor is Partnership, all partners should execute bond
HUD.4238.1 (11.67)
v. e. OOVElIIIMENT PRINTING OF"CE I 1868 0 . SU-480
r
l
State of
County of
,~
lY060 R3 (10/64)
California
I so.
On October 26. 1971 , before me, the undersigned,
a Notary Public of said county and state, personally appeared
Monterey
M. S. Fields
known to me to be the Attorney of the INDUSTRIAL INDEMNITY
COMPANY, the Corporation that executed the within instrument, and
known to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to me
,'h.t ,"oh C.'p.'.,;., exe"ted the ,.me. ~,
H N.t.,y Publk
J!nolu all men bp tf)t~e tlrt5tnt~:
HOME OFFICE
INDUSTRIAL
INDEMNITY
COMPANY
SAN FRANCISCO
t'OWtr of ~ ttorntp: 248.--
.J .. ".
Ll
That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California,
and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint
__o~__________o,___,~__o~_______M, S, FIELDS or JERRY R, GATTIS-----------------------..-------
its true and lawful attorney for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipulations,
consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of
-------------------------,------------ALL OBLIGEES----------------------------------------
provided that the liability of the Company as surety under his authority, in no one instance shall exceed the sum of
- - ,. - -- - - - - - - -- - - ceo --- - - ---- - -- - - - - - - - - - ,-UNLIMITED- - -- - - - - - - -- - - -- - -- --- - -- -- - - - - - -- -- - - ---
thousand dollars, and reserving to itself full power of substitution and revocation.
This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUS-
TRIAL INDEMNITY COMPANY at a meeting held on the 27th day of January, 1971, reading as follows:
"RESOL VED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of this com-
pany, when attested to by the Secretary or an Assistant Secretary of this company, be and he hereby is authorized to execute Powers
of Attorney qualifying the attorneys selected to act under such Powers of Attorney to execute on behalf of Industrial Indemnity
Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto."
In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its Corporate Seal to be
affixed by its proper officers, at the City of San Francisco, California, this 29TH day of JULY ,19 71 .
INDUSTRIAL INDEMNITY COMPANY
SEAL
By D. H, McCOMBER
D. H. McCOMBER, EXECUTIVE VICE PRESIDENT
Attest:
DONALD W, SATTERLEE
DONALD W, SATTERLEE, Assistant Secretary
STATE OF CALIFORNIA t
CITY AND COUNTY OF SAN FRANCISCO f ss.
On this 29TH day of JULY ,19, 71 , before me, MARY MUELLER
a notary public in and for the City and County of San Francisco, State of California, personally appeared
D. H, McCOMBER and DONALD W, SATTERLEE
known to me to be the EXECUTIVE VICE PRESIDENT and ASSISTANT Secretary of the corporation
which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution
referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors
on January 27, 1971, and that the same is in full force and effect.
In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written.
My commission expires
JULY 14, 1975
MARY MUELLER
Notary Public in and for the City and County
of San Francisco, State of California
SEAL
I, W. H. EAGLETON, ASSISTANT VICE PRESIDENT of INDUSTRIAL INDEMNITY COMPANY,
do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said origi-
nals, and that said Power of Attorney has not been revoked but is still in full force and effect.
In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal o! INDUSTRIAL INDEMNITY
COMP ANY at the City of San Francisco, California, this day of , 9 '
SEAL
IV041 R6 (2{71)
FORM t yn~Q
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PERFORMA"NCE BOND
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KNOW ALL MEN BY THESE,PRESENTS:
That we E.. A~ Butt] p,.. 'r.n~i-"";:t(>tQr~':It1g ,,',
(Neme of Contrector)' .
Corporation
(CorporeUon, Perter.hlp, or Indlvldu.l)
". .;',
a
hlHeinafter called "Prin.c~p~l" and
of San Francisco
Indusb,jal Tnc1pmnit-y Co~~ny
(Sur y
, State or California
hereinafter
~a,l,led the "Surety". are held and firmly bound intQ:
.. -.. -.. . ~'..... ~ ...., .. '.h.. _......~... .. "'.._.. ..~_.. ......._. ,.
"., .. ",.. ... ...., -......
'nt'~.'''~'~ (.,-.~\~:H'" "t ~
City of Gilrov. a municipaJ Qn~p~~;:t+ian
(Owner)
.... .", ....~ . ,'- .--. ,- .... 4.. ~ _.-... '.. ..
(*lI.IJ. ~ '1 i ~:......'" .~ 1; ,t. /'"
Or Gili'ov. Californj:=J
.- --... - ." -... . ... (City and State)
. hereinafter
called "Owner". in the penal sum of Twenty-~;'Y 'T'hn1B::;:t'l'1c1 ann No/lOO
- - - - - -
- - - - - - - - - - - -
...--.......... _.-..~..._.-.....,.~.~ ...._._-~... ....._....__~_....u...., .....
\""'1'; unFI t'" ..!'. ~';l"~,,\i..f
- - - - - - - - - - - - - - - -
Dollars
($. 26.000.00 - - - ) in lawful money of the United States. for the, payme!1t ,of ~hich sum well and truly
to be made. we bind ourselves. our heirs. executors. administrators and successor's~joint'1y' and severally.
firmly by these presents.. " ."" . ...._.."...
,: ...
THE CONDITION OF THIS OBLIGATION is such t hat Whereas, the PrinCipal entered into a certain
contraet with the Owne,r!, ~~te~ the 26th. .dliy of OQt'nh P..... t 19 -Zl. a copy or which is
hereto attached and' made a part hereof for the construction of: '
-..- ---....-.. -.......--..,.. .-......... ..... . ....... ..- ,........ "
'''','t.!" i":'f:t '.f.\"'t.,<'\
. rr ;~:~r r',:, j ,
Northside Park Rough Gradin~
( .1 t.., i
.. ... ....' ... .
"!l', ..'.. .....
. . .~
., ,,', .,j of" '" .! '( ,
........-,... ... ,..,.-...... ..,. ... ',.. .... ... .
tl,t/(,'" '/!~ .='I(...~..'"
NOW, THEREFORE, if the Principal shall well. truly and raithfully perform its duties, all the under-
takings, covenants. terms. conditions, and agreements 'of said c'ont'ract'during t'he!originarterm..th'ereof, and
any extensions thereof which may be granted by the Owner, with or without notice' to the Surety, and if he
shall satisfy all claims and demands incurred under suclt contract, and shall fully indemnify and save harm-
less the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall re-
imburse and repay the Owner all outlay and expense which t'he Owner may incur in making good any default.
then this obligation shall be void; otherwise to remain in full rorce and effect.
PROVIDED, FURTHER. that the said Surety. for value received hereby stipulates and agrees that no
change, extension of tim~, alteration or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wiQe affect its obligation on this bond,
and it does hereby waive notice or any such change. extension 'of time, alteration or addition to the terms of
the ~ontract or to the work or to the speCifications,
'~HUf)."238.H.'U067) P,..ioul .ditionl .r. oDlol.t.
. r.~."t... "), '"
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge
the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WI'I'NESS WHEREOF. this instrument is executed in six (6) counterparts, each one of which shall
be deemed an original, this the 26th day of October 19-ZL., '
., II
ATTEST:
, ).
E. A. BUTTLER CONTRACTORS. INC.
PrinC~JHI'
(Princ~pa') Secrela"
( SEAL)
" -"',:'
(S)
;.,1.", '
.,
, ..
(AcIdre...Zlp Code)
{',',"l- .oi \-,.
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Wllne.. a. ~o Principa'
(Addre...Zlp Code)
jl"~.--l '.
INDUSTRIAL' INDEMNITY ;COMPANY
~I ! f .
.~~
" .: .' . -.' '. -, j- .' .'
'By
, ".' . . Atlomer1n-'a
M. S~ Fields '
ATTEST:
.!. \. '
(Surely) Secrela"
. (SEAL)
WI/n... .. 10 Surely
7 John Street. Salinas, California
(Addre...Zlp Code) 93901
. ,
(Addre...Zlp Code)
. -1 I; .i ::,; ,;
NOTE: Date of Bond must not be prior to date of Contract.
U Contractor Is Partnership, all partners should execute bond
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HUo.4238-H (11.67)
...
l
r
State of
,.5.,
County of
IYOIlO R3 (10/64)
California
I so.
Monterey
>\ .JER~Y R'. GATTIS
iT" NOTAf'!Y PI/RI IC CI\lIFORNIA
01
lY) MONTEREY C,JUNTY
V My Commission Expires Jan.18, 1974
7 John St.. Salinas, Calif. 93901
On October 26. 1971. before me the undersigned
" ,
a Notary Public of said county and state, personally appeared
M. S. Fields
known to me to be the Attorney of the INDUSTRIAL INDEMNITY
COMPANY, the Corporation that executed the within instrument, and
known to me to be the person who executed the said instrument on
ehalf of the Corporation therein named, and acknowledged to me
hat ,",h C",p",oHao exeouted the ..me. / /. ~ '
~ No'",y Publk
PAYMENT BOND
I.
KNOW ALL MEN BY THESE PRESENTS: That we E. A. Buttler Contractors. Inc.
(Name oC Contractor)
a Corporation
(Corporation. Partnership, or Individual)
hereinafter called "Principal" and Industrial Indemnity Company
(Surety)
of
San Francisco
, State of
California
hereinafter called the "Surety", are held and firmly bound unto
City of Gilrov, a municipal cor~qrrtion
(OWner)
Gilroy, California
(Ci ty and State)
of Twenty-six Thousand and No/IOO
hereinafter called "Owner", in the penal sum
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dollars ($ 26,000.00 - - - j in lawful money of the United States, for the
payment of which sum. well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the PrinCipal en-
tered into a certain contract wi th the Owner, dated the 26tPday of October
19~, a copy of which is hereto attached and made a part hereof for the con-
struction of:
Northside Park Rough Grading
NOW, THEREFORE, if the Principal shall promptly make payment to all persons,
firms, subcontractors, and corporations furnishing materials for or performing
labor in the prosecution of the work provided for in such contract, and any au-
thorized extension or modification thereof, including all amounts due for ma-
terials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equip-
ment and tools, consumed or used in connection with the construction of such
work, and all insurance premiums on said work, and for all labor, performed in
such work whether by subcontractor or otherwise, then thIs obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said surety, for value received hereby stip-
ulates and agrees that no change, extension of time, alteration or addition to
the terms of the contract or to the work to be performed thereunder or the speCi-
fications accompanYing the same shall in any wise affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to tbe work or to the
specifications,
HUD.4238.1 (1 1-67) Previous Editions ore Obsolete
,~
PROVIDED. FURTHER, that no final settlement between the Owner and the Con-
tractor shall abridge the right of any beneficiary hereunder, whose claim may
be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts,
each one of which shall be deemed an original, this the 26thday of October,
19 71.
(Pri"cipal)
Secre'ary
E. A. BUTTLER CONTRACTORS. INC.
~L~~
(S)
ATTEST:
(SEAL)
B)
; . ' ~ ;
(Addleu-Zip Code)
'iI"e.. .. '0 Pri"cipal
(Addlen-Zip Code)
INDUSTRIAL INDEMNITY COMPANY
Sure'y
ATTEST:
j
(Surety)
(SEAL)
Secre'arY4
~~f,Jr
. A' or"ey-i,,-Fae'
,M. S. Fields
.iC"e.. .. Co Sure,y.
7 John Street
Salinas, G~1~~~~f~e9390l
(Adden-Zip Code)
I
i
NOTE: D~te of Bond must not be prior to date of Contract.
If Contractor is Partnership, all partners should execute bond
HUD.4238.1 (ll-67)
V. '0 OOVERNMENT PRINTlNO OFFICE I un 0 . 318-480
...
l
I,
I
,~
State of
County of
1/
,
"
lYOllO R3 (10/114)
California
155.
Monterey
-~::...;;.:.:",./'-
OFF'fCTAL SEAL
JERRY R. GATTIS
NOTArIY PUBLIC- CALIFORNIA
MONTEREY COUNTY
MyCommission ExpiresJan.18.1Ul.
...../--....-"'~-.._-
7 John St., Salinas. ClIlt. 93901
On October 26 , 1971 , before me, the undersigned,
a Notary Public of said county and state, personally appeared
known to me to be the Attorney of the INDUSTRIAL INDEMNITY
COMPANY, the Corporation that executed the within instrument, and
known to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to me
.hat such Ca'pa,alia" executed the same. ( ~
h · Nata~ Public
,<
..
Itnol11 all mtn bp tbe~t Jrtltnt~:
HOME OFFICE
INDUSTRIAL
INDEMNITY
cOMrANY
SAN FRANCISCO
Jower of ~ ttorntp :, 2t.8---
~-
o
That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California,
and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint
__~~_"'~ca..~_,"_~'n_<'__..__".~___H, So FIELDS or JERRY Ro GATTIS-n----------------------------
its true and lawful attorney for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipulations,
consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of
----------~--------------------------ALL OBLIGEES----------------------------------------
provided that the liability of the Company as surety under his authority, in no one instance shall exceed the sum of
_ _ ,".. __ _ _ _ __ _ ___ _c~ _ _ _ _ _ _ _ _ _ _ -_ _ _ - _ -_ _ -- -L'NLIHITED- _ C~ - -- - - - - - - -.. - - - - - - --- -- -- - - - - - -- -- - - - --
thousand dollars, and reserving to itself full power of substitution and revocation.
This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUS-
TRIAL INDEMNITY COMPANY at a meeting held on the 27th day of January, 1971, reading as follows:
"RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of this com-
pany, when attested to by the Secretary or an Assistant Secretary of this company, be and he hereby is authorized to execute Powers
of Attorney qualifying the attorneys selected to act under such Powers of Attorney to execute on behalf of Industrial Indemnity
Company bonds, undertakings, stipulations, consents and an contracts of suretyship, and to attach the corporate seal thereto."
In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its Corporate Seal to be
affixed by its proper officers, at the City of San Francisco, California, this 29TH day of JULY , 19 7 1 .
INDUSTRIAL INDEMNITY COMPANY
SEAL
By D. H. McCOMBER
Do H. HcCOMBER, EXECUTIVE VICE PRESIDENT
Attest:
DONALD W. SATTERLEE
DONALD W 0 SATTERLEE, Assistant Secretary
STATE OF CALIFORNIA ~
CITY AND COUNTY OF SAN FRANCISCO f ss.
On this 29TH day of JULY ,19, 71 , before me, MARY 'MUELLER
a notary public in and for the City and County of San Francisco, State of California, personally appeared
Do H. HcCOHBER and DONALD Wo SATTERLEE
known to me to be the EXECUTIVE VICE PRESIDENT and ASSISTANT Secretary of the corporation
which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution
referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors
on January 27,1971, and that the same is in full force and effect.
In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written.
MARY MUELLER
Notary Public in and for the City and County
of San Francisco, State of California
SEAL
My commission expires
JULY 14" 1975
I, W. H. EAGLETON, ASSISTANT VICE PRESIDENT of INDUSTRIAL INDEMNITY COMPANY,
do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said origi-
nals, and that said Power of Attorney has not been revoked but is still in full force and effect.
In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal f !NDUSTRIAL INDEMNITY
COMPANY at the City of San Francisco, California, this day of 9
SEAL
lY041 R6 (2/711
Fl"I""" 1 V040
W. H. E
1
Proposal or Bid Bond
INDUSTRIAL
INDEMNITY
COMPANY
HOME OFFICE:
SAN FRANCISCO
Bond No. YS 030323
Premium $ Included in initial
bid bond charge
KNOW ALL MEN BY THESE PRESENTS:
That
E. A. BUTTLER CONTRACTORS, INC.
P. O. Box 91
Salinas, California 93901
(hereinafter called the Principal) as Principal, and the INDUSTRIAL INDEMNITY COMPANY, a
corporation created and existing under the laws of the State of California, with its principal office at
San Francisco, California, (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Gilroy, California.
(hereinafter called the Obligee), in the full and just sum of Five Percent of the Amount
Bid - ~ ~ - - - - - - - ~ = "" - - - - - - - - - - -Dollars ($ -5% - - - - ),
good and lawful money of the United States of America, to the payment of which sum of money well
and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Whereas, the Principal herein is submitting a proposal for
Northside Park Rough Grading.
Now, Therefore, if the bid or proposal of said Principal shall be accepted, and the contract for
such work be awarded to the Principal thereupon by the said Obligee, and said Principal shall enter
into a contract for the completion of said work and furnish bonds as required by law, then this obli-
gation shall be null and void, otherwise to remain in full force and effect.
Signed, sealed and dated this 18th day of
October
. 19 71
.
u~:mJ:\.:JHI~... uF ...~....~;QN:;f211~)t.C.XQ.~g ,'uJ u~~.~.-...u..- -... n.u._nnn
."//"'. / ~
~-- , .-.,/ . -.
! - "
m~Ym.....m.....~~.?~m:uI\M. . .u.u ,~~:._u_..___________.
Principal
INDUSTRIAL INDEMNITY COMPANY
~ r<~ .... ~
By.m......Z.......m~u.u...~.~::C~~..__.___._........_.___..__...
M. S. Fields Attorney
FORM lY004
l
I
I
State of California
County of Monterey
OFFICIAL SEAL I
LYDIA F. DUARTE
, NOTARY PUBLIC, CALIFORNIA
PRINCIPAL OFFICE IN
MONTEREY COUNTY
My Commission Expires Sept. 25, ]972
:; .... .... r..: v~4-"':..;~~::.;'-......~~-..... ~- .;..-..;. f .... ..... ..........
,
~.
1VOllO R3 (10/1l41
I".
On October 18, 1971 , before me, the undersigned,
a Notary Public of said county and state, personally appeared
M. So FieldR
known to me to be the Attorney of the INDUSTRIAL INDEMNITY
COMPANY, the Corporation that executed the within instrument, and
known to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to me
that such Corporation executed the same.
~..: ,.j-; ,a-~ ...4:f6 .
Lyd a F. Duarte Notary Flubl i c
CITY OF GlLHOY
GILROY, CALIFORNIA
CONTRACT DOCmiENTS AND SPECIFICATIONS
For
NORTHS IDE PARK
ROUGH GRADING
tl.U.D. Project No. Calif. OSD 475
CITY Project NO.
NORMAN B. GOODRICH
Mayor
GEORGE T. DUFFIN
Vice Mayor
***************************************************************************
COUNCILMEN
FRED P. BATREZ
JOHN E. PATE
JOHN HUGHES
DAVID V. STOUT
ANTONY SILVA
***************************************************************************
FRED O. WOOD, City Manager
Williarll E. AyeI'
Director of Parks and Recreation
Bruce M. Jacobs
City Attorney
William K. Henry
Director of Public Works
Suzanna Stienmetz
City Clerk
***************************************************************************
PROJECT DESCRIPTION
The project consist of 22 acres located in the city of Gilroy, California.
The site is located on the Northside of the city surrounded by Church
Street to the East, WeIand and Ilanna to the South. The North and West side
is undevelopment land.
The scope of work is to perform rough grading and earthwork for the future
development of a park site. There will be approximately .35,000 cubic. yards
of cut material to be relocated to fill mounds and grades on the project
site.
TABLE OF CONTENT
SPECIFICATIONS
Project Description
Table of Content
Advertisement for Bids
Information for Bidders
Certifications of Bidder Regarding Equal Employment
Opportunity and Instructions
Bid Form for Lump Sum Contract
Bid Bond
Contract
Performance Bond
Payment Bond
Project Signs
General Conditions
Supplemental General Conditions
Basic Wage Rates (HUD)
TECHNICAL SPECIFICATION
Division 1
GENERAL REQUIREMENTS
Division 2
CLEARING AND FINAL CLEAN-UP
Division 3
SITE EARTHWORK AND GRADING
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HU 0-4238-A
(5-66)
ADVERTISEMENT FOR BIDS
Project No. ~OSJL4 7!;
City of ~ilroYt California
(Owner)
Separate sealed bids for Northside Park Rough Grading
the City of Gilroy
for
will be received by the City Clerk
at the office of the City Clerk
7390 Rosanna Street, Gilroy, California
until 2:00 o'clock(AXM~-P.M.,~S.T.X.XXXX~X'KX~) October 18th
office publicly opened and read aloud.
, 19 ZL, and then at said
The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid Bond,
. Performance and Payment Bond, and other contract documents maybe examined at the following:
Department of Public Works. City of Gilroy. California
City Hall. 7390 Rosanna Street
Gilroy, California
Copies may be obtained at the office of Director of Pub 1 i c Work s
located at
Ci ty HaU, Gilroy upon payment of $ 5.00 for each set.
Xny..XinA~X)Unb'ilt~XHf(QlK~OOXI~s(OCGi1XOCI)t}}X*OOl{N~Xt>>K~l()gQ*OCX;}tt(&i:t:OO>>X~~tixre~~JtXtX.~PXXIHmt,
XOC~}(KS<>>>>OC-;bX~XXt:Pf{OCX;>>)fJ{M1X.t~g:t>XJ.xk:~xooXmQXlxk~x~Km~x
The owner reserves the right to waive any informalities or to reject any or all bids.
Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in
the Information for Bidders. .
Attention of bidders is particularly called to the requirements as to conditions of employment to be observed
and m,nimum wage rates to be paid under the contract.
No bidder may withdraw his bid within 30 days after the actual date of the opening thereof.
(Date)
SUZANNA STIENMETZ
City Clerk of City of Gilroy
GPO 869-156
HUD-4238-A
(Page 2)
ADVERTISEMENT FOR BIDS
Pursuant to Executive Order 11246, as amended, on Equal Employment
Opportunity, a prime contractor and sub-contractor who signs a
contract on a Federally assisted construction project are required
to take affirmative action toward equal employment opportunity and
are required under certain conditions to present written Affirmative
Action Programs. At pre-construction conferences. the successful
bidder and his known principal sub-contractors shall be required
to present and discuss the approach to be taken by the successful
bidder and sub-contractors to implement the requirements of affirma-
tive action for equal employment and training in accordance with
Executive Order 11246. as amended.
.. -To
I
INFORMATION FOR BIDDERS
HUD-~238-B
(2-66)
U, S. DEPARTMENT OF HOUSING AND URE\AN DEVELOPMENT
1. Receipt and Opening of Bids
The __ C:i:!:L of Gilroy
(herein called
the "Owner"), invi tes bids on the form attached hereto, all blanks of which
must be appropriately filled in. Bids will be received by the Owner at the
office of
The City Clerk
until 2: 00
0' clock ~X~X-P.M. ,_-E--ST/DST
O('tober___18th
, 1~21-, and then at
said office publicly opened and read aloud. The envelopes containing the bids
must be seal ed, addressed to
CITY CLERK
at City HRllJ 7~90 ROSRnnR Street
and designated as Bid for
Nortnsine pork ~Ollgh hroning
The Owner may consider informal any bid not prepared and submitted in accord-
ance with the provisions hereof and may waive any informalities or reject any
and all bids. Any bid may be withdrawn prior to the above scheduled time for
the opening of bids or authorized postponement thereof. Any bid received after
the time and date specified shall not be considered. No bidder may withdraw a
bid within 30 days after the actual date of the opening thereof.
Preparation of Bid
Each bid must be submitted on the prescribed form and accompanied by Certifica-
tion by Bidder Regarding Equal Employment Opportunity, FGtm HUD-4238-CD-l. All
blank spaces for bid prices must be filled in, in ink or typewritten, in both
words and figures, and the foregoing Certification must be fully completed and
executed when submitted.
Each bid must be submitted in a sealed envelope bearing on the outside the name
of the bidder, his address, and the name of the project f&r which the bid is
submitted. If forwarded by mail, the sealed envelope containing the bid must
be enclosed in another envelope addressed as specified ift the bid form.
Subcontracts
The bidder is specifically advised that any person, firm, or other party to whom
it is proposed to award a subcontract under this contract--
a. Must be acceptable to the Owner and the Department of Housing and Urban
Development, and,
b. Must submit Form HUD-4238-CD-2, Certification by Prcposed Subcontractor Re-
garding Equal Employment Opportunity. Approval of the proposed subcontract
award cannot be given by the Owner unless and until the proposed subcon-
tractor has submitted the Certification and/or other evidence showing that
it has fully complied with any reporting requirements to which it is or was
subj ect.
I Previous Edi tions Obsolete J
r
- 2 -
Although the bidder is not required to attach such Certifications by proposed
subcontractors to his bid, the bidder is here advised of this requirement so that
appropriate action can be taken to prevent sUbsequent delay in subcontract awards.
4. Telegraphic Modification
Any bidder may modify his bid by telegraphic communication at any time prior to
the scheduled closing time for receipt of bids, provided such telegraphic commu-
nication is recei ved by the Owner prior to the closing time, and, provided
further, the Owner is satisfied that a written confirmation of the telegraphic
modification over the signature of the bidder was mailed prior to the closing
time. The telegraphic communication should not reveal the bid price but should
provide the addition or subtraction or other modification so that the final
prices or terms will not be known by the Owner until the sealed bid is opened.
If written confirmation is not received within two days from the closing time,
no consideration will be given to the telegraphic modification.
5. Method of Bidding
The Owner invites the following bides):
Lill>IP SUM AMOUNT
6. Qualifications of Bidder
The Owner may make such investigations as he deems necessary to determine the ability
of the bidder to perform the work, and the bidder shall furnish to the Owner all such
information and data for this purpose as the Owner may request. The Owner reserves
the right to reject any bid if the evidence submitted by, or investigation of, such
bidder fails to satisfy the Owner that such bidder is properly qualified to carry out
the Obligations of the contract and to complete the work contemplated therein. Con-
ditional bids will not be accepted.
7. Bid Security
Each bid must be accompanied by cash, certified check of the bidder, or a bid bond
prepared on the form of bid bond attached hereto, duly executed by the bidder as
principal and having as surety thereon a surety company approved by the Owner, in the
amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all ex-
cept the three lowest bidders within three days after the opening of bids, and the
remaining cash, checks, or bid bonds will be returned promptlY after the Owner and
the accepted bidder have executed the contract, or, if no award has been made within
30 days after the date of the opening of bids, upon de'mand of the bidder at any time
thereafter, so long as he has not been notified of the acceptance of his bid.
8. Liquidated Damages for Failure to Enter into Contract
The successful bidder, upon his failure or refusal to execute and deliver the con-
tract and bonds required within 10 days after he has received notice of the accept-
ance of his bid, shall forfeit to the Owner, as liquidated damages for such failure
or refusal, the securi ty deposi ted wi th his bid.
- 3 -
9. Time of Completion and Liquidated Damages
Bidder must agree to commence work on or before a date to be specified in a
written ~Notice to Proceed" of the Owner and to fully complete the project
within 45 consecutive calendar days thereafter. Bidder must agree also to
pay as liquidated damages, the sum of $~QQ for each consecutive
calendar day thereafter as hereinafter provided in the General Conditions.
10. Conditions of Work
Each bidder must inform himself fully of the conditions relating to the con-
struction of the project and the employment of labor thereon. Failure to do so
will not relieve a successful bidder of his obligation to furnish all material
and labor necessary to carry out the provisions of his contract. Insofar as
possible the contractor, in carrying out his work, must employ such mf'ttods or
means as will not cause any interruption of or interference with the ~or~ of
any other contractor.
11. Addenda and Interpretations
No interpretation of the meaning of the plans, specifications or other pre-bid
documents will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to
Royston, Hanamoto, Beck ~bey at 50 Green Strp.p.tJ S~n Fra~cjsco, Calif.
and to be given consideration must be received at least five days prior to the
date fixed for the opening of bids. Any and all such interpretations and any
supplemental instructions will be in the form of written addenda to the speci-
fications which, if issued, will be mailed by certified mail wi th return re-
ceipt requested to all prospective bidders (at the respective addresses fur-
nished for such purposes), not later than three days prior to the date fixed
for the opening of bids. Failure of any bidder to receive any such addendum or
interpretation shall not relieve such bidder from uy obligation under his btd
as submitted. All addenda so issued shall become part of the contract documents.
12. Security for Faithful Performance
Simultaneously with his delivery of the executed centract, the Contractor shall
furnish a surety bond or bonds as security for faithful performance of this
contract and for the payment of all persons perfor.ing labor on the project
under this contract and furnishing materials in cORRection with this contract,
as specified in the General Conditions included herein. The surety on such
bond or bonds shall be a duly authorized surety company satisfactory to the
Owner.
13. Power of Attorney
Attorneys-in-fact who sign bid bonds or contract ~ds must file with €ach bond
a certified and effectively dated copy of their power of attorney.
't!
-r---'
- 4 -
14. Notice of Special Conditions
Attention is particularly called to those parts of the contract documents and
specifications which deal with the following:
(a) Inspection and ~~~~~X
(b) Insurance requirements.
(c) Wage rates.
X(~~'(~).l)if.v,~
15. Laws and Regulations
The bidder's attention is directed to the fact that all applicable state laws,
municipal ordinances, and the rules and regulations of all authorities having
jurisdiction over construction of the project shall a~ply to the contract
throughout. and they will be deemed to be included in the contract the same as
though herein written out in full.
16. Method of Award - Lowest Qualified Bidder
If at the time this contract is to be awarded, the lowest base bid submitted
by a responsible bidder does not exceed the amount of funds then estimated by
the Owner as available to finance the contract, the contract will be awarded
on the base bid only. I f such bid exceeds such amount, the Owner may rej ect
all bids or may award the contract on the base bid combined wi th such deducti-
ble alternates applied in numerical order in which thQ are listed in the Form
of Bid, as prOduces a net amount which is within the available funds.
17. Obligation of Bidder
At the time of the opening of bids each bidder will be presumed to have in-
spected the site and to have read and to be thoroughl} familiar with the plans
and contract documents (including all addenda). The failure or omission of
any bidder to examine any form, instrument or document shall in no way relieve
any bidder from any obligation in respect of his bid.
D,S. GOVERNMENT PAINTING OFFICE: 19670-272-540
..
HUD-4238-B (Page 5)
-5-
18. preconstruct ion Conference Relating to Affirmative Action Program For
~ual E,mp loyment or>ponunity:
Executive Order 11246, as amended, (Equal Employment Opportunity) requires
that a prime contractor or subcontractor who signa a contract on a Feder-
ally assisted construction project assumes the obligation to take whatever
affirmative actions are necessary to assure an equal employment opportun-
ity in all aspects of employment, irrespective of race, color, religion,
sex or national origin.
All construction contractors and subcontractor. covered by the Executive
Order 11246, as amended, are required to take affirmative action toward
employment opportunity.
All construction contractors and subcontractors covered by the Executive
Order 11246, 8S amended, are required to take affirmative action toward
employment opportunity.
Within ten (10) days after notification of contract award, the successful
bidder together with his known principal subcontractors, will be required
to attend a Preconstruct ion Conference at a time and place designated by
the Owner. Subcontractors shall include, but not be limited to, major
items of work such as heating, electrical, plumbing and so forth. The pur-
pose of the preconstruction Conference is to discuss, among other considera-
tions, the responsibilities of the successful bidder and his subcontractors
under Executive Order 11246, and the requirement for a written Affirmative
Action Program, if required, from the successful bidder and subcontractor.
Each successful bidder is hereby advised that a prepared Affirmative Action
Program, in writing, will be required within 15 days after the preconstruc-
tion Conference under the following conditions:
(a) where the prime contracts are of $100,000 or more on
projects costing $1 million or more;
(b) where the subcontracts are of $100,000 or more on projects
costing $1 million or more, where such subcontractors:
(1) will employ the higher paid trade. (such as plumbers,
electricians, or iron-workers), and
(2) the higher paid trades locally have little or no minority
group representation; ~
(c) where contracts or subcontracts which are not covered by
(a) or (b) above, but which, because of location or other
special factors are specifically identified.
19. Affirmative action plans must contain the followiftg infor.ation:
(a) An analysis of all major job classifications at the facility,
with explanations as to why minorities aay concurrently be under-
utilized in anyone or more job cbs.ea. "Under-utilization"
is defined 8S having fewer minoritie. in a particular job class
HUD-4238-B (Page 6)
-6-
than their availability in the community;
(b) Goals and targets and affirmative ection commitments designed
to relieve any deficiencies identified by the company. Such
goals and targets should be in terms of specific numbers, by
jobs or job classes having similar content, wage rates and oppor-
tunities, with specific ti~~tables for achievement. In estab-
lishments with over 1,000 employees, goals and targets may be
presented by department;
(c) Support data for above analysis and program. Such data should
include progression line charts, seniority rosters, applicant
flow data. and applicant rejection ratios, indicating minority
status.
20. Instructions for Contracts Regarding Affirmative Action Under Executive
Order 11246.
(See Attachment It A" - HUD-907)
HUD-~238-CD-1
( 6-6 6)
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FEDERAL HOUSING ADMINISTRATION
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing
rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon-
tractors, shall state as an initial part of the bid or negotiations of the contract whether it has partici-
pated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether
it has filed 011 compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable
instructions, such bidder shall be required to submit a compliance report within seven calendar days
after bid opening. No contract shall be awarded unless such report is submitted.
CERTIFICATION BY BIDDER
Bidder's Name: ~. (l.. ~ ~ ~
~ J
Add,.." . _ _ . _. _ _ ~
. 9.3 7tJ/
,
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity
Clause. Yes~No 0
2. co~. ,.po," w.,. '.q.;,.d to b. HI.d ;n ,onn.,';on w;,h ,",h ,ont,o<l ... ..b,on"o,t.
Yes No 0
3. Bi:~,filed 011 compliance reports due under applicable instructions, including SF-100.
YeXo 0 None Required 0
4. If answer to item 3 is .. No," please explain in detail on reverse side of this certification.
Certification - The information above is true and complete to the best of my knowledge and belief.
V'e
NAME AND TITLE OF SIGNER
~~~~
\ o-li - 71
DATE
214892-P
I Previous Editions Obsoletel
HUI:l-Waeh., D. C.
Form Approved
Budget Bureau No. 63-R.!!42
HUD-907
7-67
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Instructions For Contractors Regarding Affirmative Action
Under Executive Order 11246
(Equal Employment Opportunity)
EEO: A CONTRACTUAL OBLIGATION
A prime contractor or subcontractor who signs a contract on a Federal or federally-assisted construction project
assumes the obligation to take whatever affirmative actions are necessary to assure equal employment opportunity
in all aspects of employment, irrespective of race, color, religion, or national origin. It is expected that a con-
tractor will carry out that part of his contract pertaining to equal employment opportunity with the same amount of
thought and action as he will any other part of the contract.
THE AFFIRMATIVE ACTION PROGRAM
To do this, the contractor must have a program of affirmative action. The program must be tailored to the particu-
lar set of cirCumstances which apply to the contractor and to the locality, the labor market, and the project (or
projects) in which the contractor is involved.
It is expected that a contractor's affirmative action program will include actions suited to carrying out the prin-
ciples listed in the following pages, to show that top management of the company intends to, and will, exert posi-
tive effort to assure equal opportunity in employment. (The actions listed under these principles in the following
pages are furnished only as suggestions, and are not intended to limit the kinds of actions which may be taken.
A substantial proportion of these or comparable actions are considered feasible for the individual employer, either
on his own or as part of a joint effort with his professional or trade association in the local area.)
PROCEDURE FOR SUBMITTING WRITTEN PROGRAM
DIn some cases, submittal of written copies of the program is required. If the box at left is checked, the
prime contractor is to develop and submit to the applicant,! within 15 days after the preconstruction con-
ference (or after receipt of this notice, if the project is already under construction), three copies of his
written affirmative action program. Likewise, if the box is checked, the prime contractor is to submit to the appli-
cant, within 15 days of awarding each nonexempt2 subcontract of $100.000 or more, three copies of the affirmative
action programs of each such subcontractor. An up-to-da.te copy of each affirmative action program is also to be
maintained at the employment site, available for inspection by representatives of the applicant and of the Govern-
ment.
If the box is not checked, submittal of written copies will not ordinarily be required, but all other aspects of these
instructions remain in effect.
FOLLOW-THROUGH
To assure compliance with equal employment opportunity requirements and evaluate progress made by a contractor
under his affirmative action program. the applicant will observe the contractor's performance on a continuing basis.
Compliance reviews will also be made by representatives of the Department of Housing and Urban Development.
To be acceptable, affirmative action programs must reflect current (as well as past) thought and action on the part
of the employer. It is recommended that each contractor and subcontractor keep a file of his equal employment
activities and accomplishments.
1 Read (instead of "applicant" wherever it appears) "Applicant's Architect/Engineer" or uLPA" or "LHA" or "Sponsor"
where such term is more approp'riate. Read "HUD Regional Office" if a direct Federal contract is involved.
2 "Nonexempt" as specifically identified by the applicant or a representative of HUD at the preconstruction (or preperformance)
conference.
Principles of Affirmative Action
AND SUGGESTED STEPS FOR A PROGRA\'1
1. Write out an Equal Employment Opportunity Policy for your company. Make this policy known to all your em-
ployees and potential sources of employees and to your subcontractors, asking :heir cooperation. Use every ap-
propriate means (bulletin boards, handbooks, letters, etc.) to get your points across. Be sure you are understood.
(One way is to ask for signed acknowledgments and assurances of cooperation.)
2. Appoint a top management official. in your company as Equal Employment Ol}portunity Officer (or equivalent
title), to coordinate company efforts, to advise and assist your key staff, including superintendents and foremen,
and to serve as a focal point for any complaints.
3. Assure non-discriminatory recruiting for your company, taking appropriate steps such as:
(a) Placing employment advertisements in newspapers which serve the largest number of minority-group people
in the recruiting area;
(b) Recruiting through schools and colleges having substantial proportions of minority students;
(c) Maintaining systematic contacts with minority and human relations organizations, leaders, and spokesmen to
encourage referral of qualified minority applicants (including those in related work such as fabricating shops
and home repair) and minority youths interested in construction occupations;
(d) Encouraging present employees to refer minority applicants;
(e) Making it known to all recruitment sources that qualified minority members are being sought for consideration
for supervisory, journeyman, office, and technical jobs as well as others. whenever the company hires.
4. Assure non-discriminatory hiring by your company, taking appropriate steps such as:
(a) Instructing personally those of your staff who make hiring decisions that minority applicants for all jobs (in-
cluding supervisory. journeyman, office, and technical jobs) are to be coosidered without discrimination;
(b) Where union agreements exist --
1. cooperating with your unions (perhaps through your contractors' organization) in the development of pro-
grams to assure qualified minority persons -- including apprentices - of equal opportunity for employment
in the construction trades;
2. including an effective non-discrimination clause in new or renegotia~d union agreements;
(c) Using as many apprentices and summer and part-time trainees -- particlllarly from the minority group -- as
work needs and union agreements, if any. will permit.
5. Assure that your company makes maximum use of apprenticeship and other training to help equalize opportunity
for minority persons, taking appropriate steps such as:
(a) Sponsoring and assisting minority YO\lths as well as others to enter pre-apprentice and apprentice training,
and making such training available to the maximum extent within your company;
(b) Actively encouraging minority employees as well as others to increase their skills and job potential
through participation in training and education programs, and helping to assure that such programs are ade-
quate and are in fact available to minority persons;
(c) Actively participating in Joint Apprenticeship Committees;
(d) Working with civic, labor, and contractors' organizations (helping to organize a sponsoring group if nec-
essary) to conduct an open-admission training resource for the constmction trades in your area.
6. Assure non-discriminatory placement and promotion within your company, taking appropriate steps such as:
(a) Instructing personally those of your staff who make decisions on placement and promotion that minority
employees are to be considered without discrimination, and that job areas in which there is little or no
minority representation should be reviewed to determine whether this results from discrimination;
2
...
(b) pistributing written questionnaires to all lower-paid employees, inquiring as to their interest and skills
with respect to any of the higher-paid trades, followed by assistance, counselling, and effective measures
to enable employees with interest and potential to qualify themselves for such trades.
7. Assure non-discriminatory pay, other compensation. and working conditions in your company, taking appropriate
steps such as:
(a) Examining rates of pay and fringe benefits for present employees with equivalent duties, and adjusting
any inequities found;
(b) Not reducing the compensation of existing employees whom you have converted to on-the-job trainee status;
(c) Advising all qualified employees whenever there is an opportunity to perform overtime work,
8. Assure non-discriminatory demotion. layoff. or termination, pe rhaps by requiring advance clearance of such ac-
tions through your company's Equal Employment Opportunity Officer.
9. Encourage non-discriminatory subcontracting for your company, taking appropriate steps such as:
(a) Encouraging minority-group subcontractors, and subcontractors with minority representation among their
employees, to bid for subcontracting work;
(b) Counselling and assisting minority craftsmen who have the interest and potential to become subcontractors,
with respect to securing performance bonds, writing contracts, and making bids.
10. Follow through, questioning, verifying, making whatever changes or additions to your program may be necessary
to obtain results.
3
U. S. DEPARTMENT OF HOUSING AND URBAN DEVfLOPMENT
BID FOR LUMP SUM CONTRACTS
::::e~l~
(
Project No. OS D 17 ~
Proposal Of~~ ~t.. (hereinafter called "Bidder")
~.
corporation/ It fla.t..".",ldp/ "II illai"iih.l!!l'l doing business as
( ate) (STRIKE OUT INAPPLICABLE: TERMS)
~.G._~j~~~...~ql )
Ci ty of Gilroy California J ~. ~ I c... . ,~, 01
To th e '
(a
(hereinafter called "Owner")
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction
of a
Nnrthsi~p. Park Rough Grading
having examined the plans and specifications with related documents and the site
of the proposed work, and being familiar with all of the conditions surrounding
the construction of the proposed project including the availability of materials
and labor, hereby proposes to furnish all labor, mat.erials, and supplies; and to
construct the project in accordance with the Contract Documents, within the time
set forth therein, and at the prices stated below. These prices are to cover all
expenses incurred in performing the work required under the Contract Documents,
of which this proposal is a part.
Bidder hereby agrees to commence work under this contract on or before a
date to be specified in written "Notice to Proceed" of the. Owner and to fully
complete the project within_AS_consecutive calendar days thereafter as stipu-
lated in the specifications. Bidder further agrees to 'pay as liquidated damages,
the sum of $ 50.00 for each consecutive calendar day thereafter as herein-
after provided in Paragraph 19 of the General Conditions.
Bidder acknowledges receipt of the following addendum:
BASE PROPOSAL: Bidder agrees to perform all of the
described in tbe specifications and shown on tbe Plansofor the sum o~
~ ~<. ~ ~ ($ ~()OO.R!i!. ) (AmountshaUbe shoan in
both words and figures. In case of discrepancy, the amount shown in words will govern.)
HUD-4238C (8-66)
LTERNATE PROPOSALS:
No.1:
sum of
($
Deduct the
Al ternate No.3:
Deduct the sum of
($
Al ternate No.4:
Deduct the sum of
($
UNIT PRICES:
For changing
ngs upon written
hall prevail:
items from t se indicated by the contract draw
the architect/en "neer, the following uni t price
1.
2.
$
3.
$
The bove unit prices shall include all labor, materials, bailing, ~h_o "ng, re-
oval overhead, profit, insurance, etc., to cover the finished work of the s
i s called for. Changes shall be processed in accordance with paragraph
eneral Conditions.
Bidder understands that the Owner reserves the right to reject any or all bids
and to waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a
period of 30 calendar days after the scheduled closing time for receiving bids.
Upon receipt of wri tten notice of the acceptance of this bid, Bidder will exe-
cute the formal contract attached within 10 days and deliver a Surety Bond or Bonds
as required by Paragraph 29 of the General Conditions. A. j. fI
The hid security attached in the sum of .5 (fPAJ ~ ~"""lI'<-dI.
($ ) is to become the property of the Owner in the
event the contract and bond iare not executed wi thin the time above set forth, as liqui-
dated damages for the delay and additional expense to the Owner caused thereby.
(SEAL - if bid is by a corporation)
Respect~~b.itted:
By: ?k-.-~~~
(Signature)
-9~~
(Title)~
30. ~'fl -
(Busi/l.ess Address an Zip Code) J
7.3701
HUO-4238C (8-66)
HUO-Wash., D.C.
238124-f>
"
r
PROJECT SIGN
The Contractor shall fabricate and erect a project sign substantially
in accordance with the drawing below. The sign shall be made from
3/4 inch plywood, placed in a prominent location with the approval of
the City and Landscape Architect, and maintained in good conidition
until completion of the project.
CITY OF GILROY
CALIFORNIA
NORTHSIDE PARK ROUGH GRADING
AIDED BY FEDERAL GRANT
6'-0"
OPEN SPACE LAND PROGRAM
PROJECT NO. CALiF. OSD 475
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ROYSTON, HANAMOTO, BECK & ABEY
Landscape Architects
50 Green Street
San Francisco
NAME OF CONTRACTOR
Address
8'-0"
U.S, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WATER AND SEWER FACILITIES GRANT PROGRAM
GENERAL CONDITIONS
1. Contract and Contract Documents
The project to be constructed pursuant to this contract will be financed with assistance
from the Department of Housing and Urban Development and is subject to all applicable
Federal laws and regulations.
The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the
Supplemental General Conditions shall form part of this Contract and the provisions thereof
shall be as binding upon the parties hereto as if they were herein fully set forth. The table
of contents, titles, headings, running headlines and marginal notes contained herein and in
said documents are ~olely to facilitate reference to various provisions of the Contract
Documents and in no way affect, limit or cast light on the interpretation of the provisions
to which they refer.
Contents*
1. Contract and Contract Documents
2. Definitions
3. Additional Instructions and Detail
Drawings
4. Shop or Setting Drawings
5. Materials, Services, and Facilities
6. Contractor's Title to Materials
7. Inspection and Testing of Materials
8. "Or Equal" Clause
9. Patents
10. Surveys, Permits and Regulations
11. Contractor I s Obligations
12. Weather Conditions
13. Protection of Work a,nd Property--
Emergency
14. Inspection
15. Reports, Records and Data
16. Superintendence by Contractor
17. Changes in Work
18. Extras
19. Time for Completion and Liquidated
Damages
20. Correction of Work
21. Subsurface Conditions Found Different
22. Claims for Extra Cost
23. 'Right of Owner to Terminate Contract
24. Construction Schedule and Periodic
Estimates
25. Payments to Contractor
26. Acceptance of Final Payment as Release
27. Payments by Contractor
28. Insurance
.See alphabetical subject Index at end.
HUD-4238S (9-70) Previous edition is obsolete
29. Contract Security
30. Additional or Substitute Bond
31. Assignments
32. Mutual Responsibility of Contractors
33. Separate Contracts
34. Subcontracting
35. Architect/Engineer's Authority
36. Stated Allowances
37. Use of Premises and Removal of Debris
38. Quantities of Estimate
39. Lands and Rights-of- Way
40. General Guaranty
41. Conflicting Conditions
42. Notice and Service Thereof
43. Required Provisions Deemed Ins erted
44. Protection of Lives and Health
45. Subcontracts
46. Equal Employment Opportunity
47. Intel"est of Member of Congress
48. Other Prohibited Interests
49. Use Prior to Owner's Acceptance
50. Photographs
51. Suspension of Work
52. Minimum Wages
53. Withholding Payments
54. Payrolls and Payroll Records
55. Apprentices
56. Compliance with Copeland Anti-Kick-
back Act
57. Overtime
58. Signs
59. Employment Practices
60. Contract Termination; Debarment
2. Definitions
The following terms as used in this contract are respectively defined as follows:
(a) "Contractor": A person, firm or corporation with whom the contract is made by the
Owner.
(b) "Subcontractor": A person, firm or corporation supplying labor and materials or only
labor for work at the site of the project for, and under separate contract or agreement
with, the Contractor.
(c) "Work on (at) the project": Work to be performed at the location of the project, includ-
ing the transportation of materials and supplies to or from the location of the project
by employees of the Contractor and any Subcontractor.
3. Additional Instructions and Detail Drawings
The Contractor will be furnished additional instructions and detail drawings as necessary
to carry out the work included in the contract. The additional drawings and instructions
thus supplied to the Contractor will coordinate with the Contract Documents and will be so
prepared that they can be reasonably interpreted as part thereof. The Contractor shall
carry out the work in accordance with the additional detail drawings and instructions. The
Contractor and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates
at which special detail drawings will be required, such drawings, if any, to be furnished
by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the
respective dates for the submission of shop drawings, the beginning of manufacture, test-
ing and installation of materials, supplies and equipment, and the completion of the various
parts of the work; each such schedule to be subject to change from time to time in accord-
ance with the progress of the work.
4. Shop or Sett~ng Drawings
The Contractor shall submit promptly to the Architect/Engineer two copies of each shop
or setting drawing prepared in accordance with the schedule predetermined as aforesaid.
Alter examination of such drawings by the Architect/Engineer and the return thereof, the
Contractor shall make such corrections to the drawings as have been indicated and shall
furnish the Architect/Engineer with two corrected copies. If requested by the Architect/
Engineer the Contractor must furnish additional copies. Regardless of corrections made in
or approval given to such drawings by the Architect/Engineer, the Contractor will never-
theless be responsible for the accuracy of such drawin~s and for their conformity to the
Plans and Specifications, unle s s he notifie s the Architect/ Enginee l' in writing of any devia-
tions at the time he furnishes such drawings.
5. Materials, Services, and Facilities
(a) It is understood that except as otherwise specifically stated in the Contract Documents,
the Contractor shall provide and pay for all materials, labor, tools, equipment, water,
light, power, transportation, superintendence, temporary construction of every nature,
and all other services and facilities of every nature whatsoever necessary to execute,
complete, and deliver the work within the specified time.
(b) Any work necessary to be performed after regular working hours, on Sundays or Legal
Holidays, shall be performed without additional expense to the Owner.
6. Contractor's Title to Materials
No materials or supplies for the work shall be purchased by the Contractor or by any Sub-
contractor subject to any chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller. The Contractor warrants that
he has good title to all materials and supplies used by him in the work, free from all
liens, claims or encumbrances.
2
HUD-4238S (9-70)
I
1
(a) All materials and equipment used in the construction of the project shall be subject to
adequate inspection and testing in accordance with accepted standards. The laboratory
or inspection agency shall be selected by the Owner. The Owner will pay for all labo-
ratory inspection service direct, and not as a part of the contract.
(b) Materials of construction, particularly those upon which the strength and durability
of the structure may depend, shall be subject to inspection and testing to establish con-
formance with specifications and suitability for uses intended.
I
~
i
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!
~
t
~
r
7. Inspection,and Testing of Materials
8. "Or Equal" Clause
Whenever a Inaterial, article or piece of equipment is identified on the plans or in the
specifications by reference to manufacturers' or vendors I names, trade names, catalogue
numbers, etc., it is intended merely to establish a standard; and, any material, article, or
equipment of other manufacturers and vendors which will perform adequately the duties
imposed by the general design will be considered equally acceptable provided the material,
article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal
substance and function. It shall not be purchased or installed by the contractor without the
Architect/Engineer's written approval. .
9. Patents
(a) The Contractor shall hold and save the Owner and its officers, agents, servants, and
employees harmless from liability of any nature or kind, including cost and expenses
for, or on account of, any patented or unpatented invention, process, article, or appliance
manufactured or used in the performance of the contract, including its use by the
Owner, unless otherwise specifically stipulated in the Contract Documents. ,
(b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which
is authorized by the Owner of the project must be reasonable, and paid to the holder of
the patent, or his authorized licensee, direct by the Owner and not by or through the
Contractor.
(c) If the Contractor uses any design, device or materials covered by letters, patent or
copyright, he shall provide for such use by suitable agreement with the Owner of such
patented or copyrighted design, device or material. It is mutually agreed and under-
stood, that, without exception, the contract prices shall include all royalties or costs
arising from the use of such design, device or materials, in any way involved in the
work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner
of the project from any and all claims for infringement by reason of the use of such
patented or copyrighted design, device or materials or any trademark or copyright in
connection with work agreed to be performed under this contract, and shall indemnify
the Owner for any cost, expense or damage which it may be obliged to pay by reason
of such infringement at any time during the prosecution of the work or after completion
of the work.
10. Surveys, Permits, and Regulations
Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the
Contractor all surveys necessary for the execution of th~ work.
The Contractor shall procure and pay all permits,. licenses and approvals necessary for
,the execution of his contract.
The Contractor shall comply with all laws, ordinances, rules, orders, and regulations re-
lating to performance of the work, the protection of adjacent property, and the maintenance
of passageways, guard fences or other protective facilities.
11. Contractor's Obligations
The Contractor shall and will, in good workmanlike manner. do and perform all work and
furnish all supplies and materials, machinery, equipment, facilities and means, except as
3
HUO-4238S (9-70)
r
herein otherwise expressly specified, necessary or proper to perform and complete all the
work required by this contract, within the time herein specified, in accordance with the
provisions of this contract and said specifications and in accordance with the plans and
drawings covered by this contract any and all supplemental.plans and drawings, and in
accordance with the directions of the Architect/Engineer as given from time to time during
the progress of the work. He shall furnish, erect, maintain, and remove such construction
plant and such temporary works as may be required.
The Contractor shall observe, comply with, and be subject to all terms, conditions, require-
ments, and linlitations of the contraCt and specifications, and shall do, carryon, and com-
plete the entire work to the satisfaction of the Architect/Engineer and the Owner.
12. Weather Conditions
In the event of temporary suspensionofwork, or during inclement weather, or whenever the
Architect/Engineer shall direct, the Contractor will, and will cause his subcontractors to
protect carefully his and their work and materials against damage or injury from the
weather. If, in the opinion of the Architect/Engineer, any work or materials shall have
been damaged or injured by reason of failure on the part of the Contractor or any of his
Subcontractors so to protect his work, such materials shall be removed and replaced at
the expense of the Contractor.
13. Protection of Work and Property--Emergency
The Contractor shall at all times safely guard the Owner's property from injury or loss in
connection with this contract. He shall at all times safely guard and protect his own work,
and that of adjacent property from damage. The Contractor shall replace or make good any
such damage, loss or injury unless such be caused directly by errors contained in the con-
tract or by the Owner, or his duly authorized representatives.
In case of an emergency which threatens loss or injury of property, and/or safety of life,
the Contractor will be allowed to act, without previous instructions from the Architect/
Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately there-
after. Any claim for compensation by the Contractor due to such extra work shall be
promptly submitted to the Architect/Engineer for approval.
Where the Contractor has not taken action but has notified the Architect/Engineer of an
emergency threatening injury to persons or damage to the work or any adjoining property,
he shall act as instructed or authorized by the Architect/Engineer.
The amount of reimbursement claimed by the Contractor on account of any emergency
action shall be determined in the manner provided in Paragraph 17 of the General Condi-
tions.
14. Inspection
The authorized representatives and agents ofthe Department of Housing and Urban Develop-
ment shall be permitted to inspect all work, materials, payrolls, records of personnel,
invoices of materials, and other relevant data and records.
15. Reports, Records, and Data
The Contractor shall submit to the Owner such schedule of quantities and costs, progress
schedules, payrolls, reports, estimates, records and other data as the Owner may request
concerning work performed or to be performed under this contract.
16. Superintendence by Contr~ctor
At the site of the work the Contractor shall employ a construction superintendent or fore-
man who shall have full authority to act for the Contractor. It is understood that such
representative shall be acceptable to the Architect/Engineer and shall be one who can be
continued in that capacity for the particular job involved unless he ceases to be on the
Contractor's payroll.
4
HUO-4238S (9-70)
\
r
17 Changes in Work
No changes in the work covered by the approved Contract Documents shall be made with-
out having prior written approval of the Owner. Charges or credits for the work covered
by the approved change shall be determined by one or more, or a combination of the fol-
lowing methods:
(a) Unit bid prices previously approved.
(b) An agreed lump sum.
(c) The actual cost of:
1. Labor, including foremen;
2. Materials entering permanently into the work;
3. The ownership or rental cost of construction plant and equipment during the time of
use on the extra work;
4. Power and consumable supplies for the operation of pO\ver equipment;
5. Insurance;
6. Social Security and old age and unemployment contributions.
To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed
fifteen percent (15%) of the actual cost of the work. The fee shall be compensation to
cover the cost of supervision, overhead, bond, profit and any other general expenses.
18. Extras
Without invalidating the contract, the Owner may order extra work or make changes by
altering, adding to or deducting from the work, the contract sum being adjusted accordingly,
and the consent of the Surety being first obtained where necessary or desirable. All the
work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no
claims for any extra work or materials shall be allowed unless the work is ordered in
writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the
price is stated in such order.
19. Time for Completion and Liquidated Damages
It is hereby understood and mutually agreed, byand between the Contractor and the Owner,
that the date of beginning and the time for completion as specified in the contract of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further
mutually understood and agreed that the work embraced in this contract shall be commenced
on a date to be specified in the "Notice to Proceed."
The Contractor agrees that said work shall be prosecuted regularly, diligently, and un-
interruptedly at such rate of progress as will insure full completion thereof within the
time specified. It is expressly understood and agreed, by and between the Contractor and
the Owner, that the time for the completion of the work described herein is a reasonable
time for the completion of the same, taking into consideration the average climatic range
and usual industrial conditions prevailing in this locality.
If the said Contractor shall neglect, fail or refuse to complete the work within the time
herein specified, or any proper extension thereof granted by the Owner, then the Contractor
does hereby agree, as a part consideration for the awarding of this contract, to pay to the
Owner the amount specified in the contract, not as a penalty hut as liquidated damages for
such breach of contract as hereinafter set forth, for each a1!lrl every calendar day that the
Contractor shall be in default after the time stipulated in the contract for completing the
'work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner
because of the impracticability and extreme difficulty of fixing and ascertaining the actual
damages the Owner would in such event susta'in, and said amount is agreed to be the amount
of damages which the Owner would sustain and said amount shall be retained from time
to time by the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this contract
and of the specifications wherein a definite and certain length of time is fixed for the
performance of any act whatsoever; and where under the contract an additional time is
5
HUD-4238S (9-70)
r
allowed for the completion of any work, the new time limit fixed by such extension shall
be of the essence of this contract. Provided, that the Contractor shall not be charged
with liquidated damages or any excess cost when the Owner determines that the Contractor
is without fault and the Contractor's reasons for the time extension are acceptable to
the Owner; Provided, furthe!", that the Contractor shall not be charged with liquidated
damages or any excess cost when the delay in completion of the work is due:
(a) To any preference, priority or allocation order duly issued by the Government;
(b) To unforeseeable cause beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God, or of the public enemy, acts
of the Owner, acts of another Contractor in the performance of a contract with the
Owner, fires, floods, epiclem.ics, quarantine restrictions, strikes, freight embargoes,
and severe weather; and
(c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified
in subsections (a) and (b) of this article:
Provided, further, that the Contractor shall, within ten (10) days from the beginning of
such delay, unless the Owner shall grant a further period of time prior to the date of final
settlernent of the contract, notify the Owner, in writing, of the causes of the delay, who
shall ascertain the facts and extent of the delay and notify the Contractor within a reason-
able time of its decision in the matter.
20. Correction of Work
All work, all materials, whether incorporated in the work or not, all processes of Inanu-
facture, and all methods of construction shall be at all times and places subject to the
inspection of the Architect/Engineer who shall be the final judge of the quality and suit-
ability of the work, materials, processes of manufacture, and methods of construction
for the purposes for which they are used. Should they fail to meet his approval they shall
be forthv,rith reconstructed, made good, replaced and/or corrected, as the case may be,
by the Contractor at his own expense. Rejected material shall immediately be removed
from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace
any defective or damaged materials or to reconstruct or correct any portion of the work
injured or not performed in accordance with the Contract Documents, the compensation to
be paid to the Contractor hereunder shall be reduced by such amount as in the judgment
of the Architect/Engineer shall be equitable.
21. Subsurface Conditions Found Different
Should the Contractor encounter sub-surface and/or latent conditions at the site materially
differing from those shown on the Plans or indicated in the Specifications, he shall imme-
diately give notice to the Architect/Engineer of such conditions before they are disturbed.
The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds
that they materially differ from those shownon the Plans or indicated in the Specifications,
he will at once make such changes in the Plans and/or Specifications as he may find nec-
essary, any increase or decrease of cost resulting from such changes to be adjusted in
the manner provided in Paragraph l7 of the General Conditions.
22. Claims for Extra Cost
No claim for extra work or cost shall be allowed unless the same was done in pursuance
of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and
the claim presented with the first estimate after the changed or extra work is done. When
work is performed under the terms of subparagraph 17(c) of the General Conditions, the
Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of
cost and when requested by the Owner, give the Owner access to accounts relating thereto.
23. Right of the Owner to Terminate Contract
In the event that any of the provisions of this contract are violated by the Contractor, or by
any of his subcontractors, the Owner may serve written notice upon the Contractor and
the Surety of its intention to terminate the contract, such notices to contain the reasons for
6
HUD-4238S (9-10)
\.
r
such intention to terminate the contract, and unless within ten (10) days after the serving
of such notice upon the Contractor, such violation or delay shall cease and satisfactory
arrangement of correction be made, the contract shall, upon the expiration of said ten (10)
days, cease and terminate. In the event of any such termination, the Owner shall imme-
diately serve notice thereof upon the Surety and the Contractor and the Surety shall have
the right to take over and perform the contract; Provided, however, that if the Surety does
not commence performance thereof within ten (10) days from the date of the mailing to
such Surety of notice of termination, the Owner may take over the work and prosecute the
same to completion by contract or by force account for the account and at the expense of
the Contractor and the Contractor and his Surety shall be liable to the Owner for any ex-
cess cost occasioned the Owner thereby, and in such event the Owner may take possession
of and utilize in completing the work, such materials, appliances, and plant as may be on
the site of the work and necessary therefor.
24. Construction Schedule and Periodic Estimates
Immediately after execution and delivery of the contract, and before the first partial pay-
ment is made, the Contractor shall deliver to the Owner an estimated construction progress
schedule in form satisfactory to the Owner, showing the proposed dates of commencement
and completion of each of the various subdivisions of work required under the Contract
Documents and the anticipated amount of each monthly payment that will become due the
Contractor in accordance with the progress schedule. The Contractor shall also furnish on
forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of
the contract price and (b) periodic itemized estimates of work done for the purpose of
making partial payments thereon. The costs employed in making up any of these schedules
will be used only for determining the basis of partial payments and will not be considered
as fixing a basis for additions to or deductions from the contract price.
25. Payments to Contractor
(a) Not later than the 15th day of each calendar month the Ow-ner shall make a progress
payment to the Contractor on the basis of a duly certified and approved estimate of
the work performed during the preceding calendar month under this contract, but to
insure the proper performance of this contract, the Owner shall retain ten percent (10%)
of the amount of each estimate until final completion and acceptance of all work
covered by this contract: Provided, that the Contractor shall submit his estimate
not later than the first day of the month; Provided, further, that the Owner at any time
after fifty percent (50%) of the work has been completed, if it finds that satisfactory
progress is being made, may make any of the remaining progress payments in full;
Provided, further, that on completion and acceptance of each separate building, public
work, or other division of the contract, on which the price is stated separately in the
contract, payment may be made in full, including retained percentages thereon, less
authori zed deductions.
(b) In preparing estimates the material delivered on the site and preparatory work done
may be taken into consideration.
(c) All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, but this provision shall not be construed as relie\ring the
Contractor from the sole responsibility for the care and protection of materials and
work upon which payments have been made or the restoration of any damaged work, or
as a waiver of the right of the Owner to require the fulfillment of all of the terms of
the contract.
(d) Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Con-
tractor agrees that he will indemnify and save the Owner harmless from all claims
growing out of the lawful demands of subcontractors, laborers, workmen, mechanics,
materialmen, and furnishers of machinery and parts thereof, equipment, power tools,
and all supplies, including commissary, incurred in the furtherance of the performance
of this contract. The Contractor shall, at the Owner's request, furnish satisfactory
evidence that all obligations of the nature hereinabove designated have been paid, dis-
charged, or waived. If the Contractor fails so to do, then the Owner may, after having
served written notice on the said Contractor, either pay unpaid bills, of which the Owner
has written notice, direct, or withhold from the Contractor's unpaid compensation a
sum of money deemed reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been fully discharged where-
upon payment to the Contractor shall be resumed, in accordance with the terms of this
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contract, but in no event shall the provisions of this sentence be construed to impose
any obligations upon the Owner to either the Contractor or his Surety. In paying any
unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor,
and any payment so made by the Owner shall be considered as a payment made under
the contract ~y the Owner to the Contractor and the Owner shall not be liable to the
Contractor for any such payments made in good faith.
26. Acceptance of Final Payment Constitutes Release
The acceptance by the Contractor of final payment shall be and shall operate as a release
to the Owner of all claims and all liability to the Contractor for all things done or furnished
in connection with this work and for every act and neglect of the Owner and others relating
to or arising out of this work. No payment, however, final or otherwise, shall operate to
release the Contractor or his sureties from any obligations under this contract or the
Performance and PaYlnent Bond.
27. Payments by Contractor
The Contractor shall pay (a) for all transportation and utility services not later than the
20th day of the calendar month following that in which services are rendered, (b) for all
materials, tools, and other expendable equipment to the extent of ninety percent (90%) of
the cost thereof, not later than the 20th day of the calendar month following that in which
such materials, tools, and equipment are delivered at the site of the project, and the balance
of the cost thereof, not later than the 30th day following the completion of that part of the
work in or on which such materials, tools, and equipment are incorporated or used, and
(c) to each of his subcontractors, not later than the 5th day following each payment to the
Contractor, the respective amounts allowed the Contractor on account of the work per-
formed by his subcontractors to the extent of each subcontractor's interest therein.
28. Insurance
The Contractor shall not commence work under this contract until he has obtained all the
insurance required under this paragraph and such insurance has been approved by the
Owner, nor shall the Contractor allow any subcontractor to commence work on his sub-
contract until the insurance required of the subcontractor has been so obtained and approved.
(a) Comp-ens ation Insurance: The Contractor shall procure and shall maintain during the
life of this contract Workmen's Compensation Insurance as required by applicable State
or territorial law for all of his employees to be engaged in work at the site of the pro-
ject under this contract and, in case of any such work sublet, the Contractor shall re-
quire the subcontractor similarly to provide Workmen's Compensation Insurance for
all of the latter's employees to be engaged in such work unless such employees are
covered by the protection afforded by the Contractor's Workmen's Compensation Insur-
ance. In case any class of employees engaged in hazardous work on the project under
this contract is not protected under the Workmen's Compensation Statute, the Contractor
shall provide and shall cause each subcontractor to provide adequate employer's liability
insurance for the protection of such of his employees as are not otherwise protected.
(b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability
Insurance: The Contractor shall procure and shall maintain during the life of thi s con-
tract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance
and Vehicle Liability Insurance in the amounts specified in the Supplemental General
Conditions.
(c) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability
Insurance: The Contractor shall either (1) require each of his subcontractors to pro-
cure and to maintain during the life of his subcontract, Subcontractor's Public Liability
and Property Damage Insurance and Vehicle Liability Insurance of the type and in the
amounts specified in the Supplemental General Conditions specified in subparagraph (b)
hereof or, (2) insure the activities of his policy, specified in subparagraph (b) hereof.
(d) Scope of Insurance and Special Hazards: The insurance required under subparagraphs
(b) and (c) hereof shall provide adequate protection for the Contractor and his subcon-
tractors, respectively, against damage claims which may arise from operations under
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this contract, whether such operations be by the insured or by anyone directly or in-
directly employed by him and, also against any of the special hazards which may be
encountered in the performance of this contract as enumerated in the Supplemental
General Conditions. .
(e) Builder'~_~isk In~.llra~,<:~J!,i.~e~and_~x!<:'!l.~~oveLCiK~.J: Until the project is completed
and accepted by the Owner, the Owner, or Contractor (at the Owner's option as indicated
in the Supplemental General Conditions, Form HUD-4238-N) is required to maintain
Builder's Risk Insurance (fire and extended coverage) ona 100 percent completed value
basis on the insurable portionofthe project for the benefit of the OVvner, the Contractor,
subcontractors as their interests may appear. The Contractor shall not include any
costs for Builder's Risk Insurance (fire and extended coverage) premiums during con-
struction unless the Contractor is required to provide such insurance; however, this
provision shall not release the Contractor from his obligation to complete, according
to plans and specifications, the project covered by the contract, and the Contractor and
his Surety shall be obligated to full performance of the Contractor's undertaking.
(f) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates
showing the type, amount, class of operations covered, effective dates and date of ex-
piration of policies. Such certificates shall also contain substantialiy the following state-
ment: "The insurance covered by this certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the Owner."
29. Contract Security
The Contractor shall furnish a performance bond inan amount at least equal to one hundred
percent (100%) of the contract prices as security for the faithful performance of this con-
tract and also a payment bond in an amount not less than one hundred percent (100%) of the
contract price or in a penal surn not less than that prescribed by State, territorial or local
law, as security for the payment of all persons performing labor on the project Ul1der this
contract and furnishing rnaterials in connection with this contract. The perfornlance bond
and the payment bond maybe in one or in separate instruments in accordance with local law.
30. Additional or Substitute Bond
If at any time the Owner for justifiable cause shall be or become dissatisfied with any
surety or sureties, then upon the Performance or PaYluent Bonds, the Contractor shall
within five (5) days after notice from the Owner so to do, substitute an acceptable bond
(or bonds) in such form and sum and signed by such other surety or sureties as may be
satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No
further payments shall be deelued due nor shall be made until the new surety or sureties
shall have furnished such an acceptable bond to the Owner.
31. Assignments
The Contractor shall not assign the whole or any part of this contract or any moneys due
or to become due hereunder without written consent of the Owner. In case the Contractor
assigns all or any part of any moneys due or to become due under this contract, the in-
strument of assignment shall contain a clause substantially to the effect that it is agreed
that the right of the assignee in and to any moneys due or to become due to the Contractor
shall be subject to prior claims of all persons, firms and corporations of services rendered
or materials supplied for the performance of the work called for in this contract.
32. Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor, any other Contractor or any sub-
contractor shall suffer loss or damage on the work, the Contractor agrees to settle with
such other Contractor or subcontractor by agreement or arbitration if such other Con-
tractor or subcontractors will so settle. IT. such other Contractor or subcontractor shall
assert any claim against the Owner on account of any damage alleged to have been sus-
tained, the Owner shall notify the Contractor, who shall indemnify and save harmless the
Owner against any such claim.
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33. Separate Contract
The Contractor shall coordinate his operations with those of other Contractors. Cooperation
will be required in the arrangclncnt for the storage of materials and in the detailed execu-
tion of the work. The Contractor, including his subcontractors, shall keep informed of the
progress and the detail work of other Contractors and shall notify the Architect/Engineer
immediately of lack of progress or defective workmanship on the part of other Contractors.
Failure of a contractor to keep informed of the work progressing on the site and failure
to give notice of lack of progress or defective workmanship by others shall be construed
as acceptance by him of the status ofthe work as being satisfactory for proper coordination
with his own work.
34. Subcontracting
(a) The Contractor may utilize the services of specialty subcontractors on those parts of
the work which, under normal contracting practices, are performed by specialty sub-
contractors.
(b) The Contractor shall not award any work to any subcontractor without prior written
approval of the Owner, which approval will not be given until the Contractor submits.
to the Owner a written staternent concerning the proposed award to the subcontractor,
which statement shall contain such infonnation as the Owner may require.
(c) The Contractor shall be as fully responsible to the Owner for the acts and omissions
of his subcontractors, and of persons either directly or indirectly employed by them,
as he is for the acts and omissions of persons directly employed by him.
(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts
relative to the work to bind subcontractors to the Contractor by the terrns of the General
Conditions and other contract documents insofar as applicable to the work of subcon-
tractors and to give the Contractor the same power as regards terminating any sub-
contract that the Owner may exercise over the Contractor under any provision of the
contract documents.
(e) Nothing contained in this contract shall create any contractual relation between any
subcontractor and the Owner.
35. Architect/Engineer's Authority
The Architect/Engineer shall give all orders and directions contemplated under this con-
tract and specifications, relative to the executionofthe work. The Architect/Engineer shall
determine the amount, quality, acceptability, and fitness of the several kinds of work and
materials which are to be paid for under this contract and shall decide all C).uestions which
may arise in relation to said work and the construction thereof. The Architect/Engineer's
estimates and decisions shall be final and conclusive, except as herein otherwise expres sly
provided. In case any question shall arise between the parties hereto relative to said con-
tract or specifications, the determination or decision of the Architect/Engineer shall be a
condition precedent to the right of the Contractor to receive any money or payment for
work under this contract affected in any rnanner or to any extent by such question.
The Architect/Engineer shall decide the meaning and intent of any portion of the specifica-
tions and of any plans or drawings where the same may be found obscure or be in dispute.
Any differences or conflicts in regard to their work which may arise between the Contrac-
tor under this contract and other Contractors performing work for the Owner shall be
adjusted and determined by the Architect/Engineer.
The Contractor shall include in his proposal the cash allowances stated in the Supplemental
General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by
the Owner on the basis of the lowest and best bid of at least three competitive bids. If the
actual price for purchasing the "Allowed Materials" is more or less than the "Cash Allow-
ance," the contract price shall be adjusted accordingly. The adjustment in contract price
shall be made on the basis of the purchase price without additional charges for overhead,
profit, insurance or any other incidental expenses. The cost of installation of the "Allowed
Materials" shall be included in the applicable sections of the Contract Specifications cover-
ing this work.
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37. Use of Premises and Removal of Debris
The Contract expressly undertakes at his own expense:
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(a) to take every precaution against injuries to persons or damage to property;
(b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the
site of the work as will not unduly interfere with the progress of his work or the work
of any other contractors;
(c) to place upon the work or any part thereof only such loads as are consistent with the
safety of that portion of the work;
(d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his
operations, to the end that at all times the site of the work shall present a neat, orderly
and workmanlike appearance;
(e) before final payment to remOVE: all surplus n'laterial, false-work, temporary structures,
including foundations thereof, plant of any description and debris of every nature re-
sulting from his operations, and to put the site in a neat, orderly condition;
(f) to effect all cutting, fitting or patching of his work required to make the same to con-
form to the plans and specifications and, except with the consent of the Architect/
Engineer, not to cut or otherwise alter the work of any other Contractor.
38. Quantities of Estimate
Wherever the estimated quantities of work to be done and materials to be furnished under
this contract are shown in any of the documents including the proposal, they are given for
use in comparing bids and the right is especially reserved except as herein otherwise
specifically limited, to increase or diminish them as may be deemed reasonably necessary
or desi.rable by the Owner to complete the work contemplated by this contract, and such
increase or diminution shall in no way vitiate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
39. Lands and Rights-of-Way
Prior to the start of construction, the Owner shall obtain all lands and rights-of-way
necessary for the carrying out and completion of work to be performed under this
contract.
40. General Guaranty
Neither the final certificate of payment nor any provision in the Contract Documents, nor
partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of
work not done in accordance with the Contract Documents or relieve the Contractor of
liability in respect to any express warranties or responsibility for faulty materials or
workmanship. The Contractor shall remedy any defects in the work and pay for any damage
to other work resulting therefrom, which shall appear within a period of one year from the
date of final acceptance of the work unless a longer period is specified. The Owner will
give notice of observed defects with reasonable promptness.
41. Conflicting Conditions
Any provisions in any of the Contract Documents which may be in conflict or inconsistent
with any of the paragraphs in these General Conditions shall be void to the extent of such
conflict or inconsistency.
42. Notice and Service Thereof
Any notice to any Contractor from the Owner relative to any part of this contract shall be
in writing and considered delivered and the service thereof completed, when said notice is
posted, by certified or registered mail, to the said Contractor at his last given address, or
delivered in person to the said Contractor or his authorized representative on
the work.
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43. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this contract
shall be deemed to be inserted herein and the contract shall be read and enforced as though
it were included herein, and if through mistake or otherwise any such provision is not
inserted, or is not correctly inserted, then upon the application of either party the contract
shall forthwith be physically amended to make such insertion or ccrrection.
44. Protection of Lives and Health
In order to protect the lives and health of his employees under the contract, the Contractor
shall comply with all pertinent provisions of the "Manual of Accident Prevention in Con-
struction" issued by the Associated General Contractors of America, Inc., and shall
maintain an accurate record of all cases of death, occupational disease, and injury requiring
medical attention or causing loss of time from work, arising out of and in the course of
elnployment on work under the contract. He alone shall be responsible for the safety,
efficiency, and adequacy of his plant, appliances, and methods, and for any damage which
may result from their failure or their in,proper construction, maintenance, or operation.
45. Subcontracts
The Contractor will insert in any subcontracts the sections 52 through 56 contained herein
and such other clauses as the Department of Housing and Urban Development may, by
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts which they may enter into, together with a clause
requiring this insertion in any further subcontracts that may in turn be made.
46. Equal Employment Opportunity
During the performance of this contract the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
en,ployment, without regard to their race, creed, color, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitlnent or recruitment advertising; layoff or tennination; rates of payor
other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions of this nondiscrimi-
nation clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, creed, color, or national origin.
(3) The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the labor union or workers I representative of the Contractor's
commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and
shall post copies of the notice in conspicuous places available to employees and appli-
cants for employment.
(4) The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(5) The Contractor will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the Department of Housing and Urban Development and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
cancelled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or Federally-assisted construction
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contracts, in accordance with procedures authorized in Executive Order No. 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contractor will include the provisions of paragraphs (1) through (7) in every sub-
contract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sep-
tember 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or pur-
chase order as the Department of Housing and Urban Development may direct as a
means of enforcing such provisions, including sanctions for noncompliance: Provided,
however, that in the event the Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the Department
of Housing and Urban Development, the Contractor may request the United States to
enter into such litigation to protect the interests of ' the United States.
47. Interest of Member of or Delegate to Congress
No member of or Delegate to Congress, or Resident Commissioner, shall be admitted to
any share or part of this contract or to any benefit that may arise therefrom, but this
provision shall not be construed to extend to this contract if made with a corporation for
its general benefit.
48. Other Prohibited Interests
No official of the Owner who is authorized in such capacity and on behalf of the Owner to
negotiate, rnake, accept or approve, or to take part in negotiating, making, accepting, or
approving any architectural, engineering, inspection, construction or material supply
contract or any subcontract in connection with the construction of the project, shall become
directly or indirectlyinterestedpersonallyinthis contractor in any part hereof. No officer,
employee, architect, attorney, engineer or inspector of or for the Owner who is authorized
in such capacity and on behalf of the Owner to exercise any legislative, executive, super-
visory or other similar functions in connection with the construction of the project, shall
become directly or indirectly interested personally in this contract or in any part thereof,
any material supply contract, subcontract, insurance contract, or any other contract per-
taining to the project.
49. Use and Occupancy Prior to Acceptance by Owner
The Contractor agrees to the use and occupancy of a portion or unit of the project before
formal acceptance by the Owner, provided the Owner:
(a) Secures written consent of the Contractor except in the event, in the opinion of the
Architect/Engineer, the Contractor is chargeable with unwarranted delay in final
cleanup of punch list items or other contract requirements.
(b) Secures endorsement from the insurance-carrier and consent of the surety permitting
occupancy of the building or use of the project during the remaining period of construc-
tion, or,
(c) When the project consists of more than one building, and one of the buildings is occupied,
secures permanent fire and extended coverage insurance, including a permit to com-
plete construction. Consent of the surety must also be obtained.
50. Photographs of the Project
If required by the Owner, the Contractor shall furnish photographs of the project, in the
quantities and as described in the Supplemental General Conditions.
51. Suspension of Work
Should the Owner be prevented or enjoined from proceeding with work either before or
after the start of construction by reason of any litigation or other reason beyond the control
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HUD-4238S (9-70)
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of the Owner, the Contractor shall not be entitled to make or assert claim for damage by
reason of said delay; but time for cornpletion of the work will be extended to such reasonable
time as the Owner may determine will compensate for time lost by such delay with such
determination to be set forth in writing.
52. Mi.nimum Wages
(a) The Contractor shall post at appropri8te conspicuous points at the site of the project a
schedule showing all determined minimum wage rates for the various classes of
laborers and mechanics to be engaged in work on the project under this contract and
all deductions, if any, required by law to bc n'lade from unpaid wages actually earned
by the laborers and mechanics so engaged.
(b) All mechanics and laborers employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations
issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full
amounts due at tin'1c of payment computed at wage rates not less than those contained in
the wage determination decision of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractual re1atio"ship which may be alleged to
exist between the Contractor and such laborers and mechanics. For the purpose of this
clause, contributions made or costs reasonably anticipated under Section 1(b)(2) of the
Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv). Also for the
purpose of this clause, regular contributions made or costs incurred for luore than a
weekly period under plans, funds, or programs, but covering the particular weekly
period, are deemed to be constructively made or incurred during such weekly period.
(c) The Department of Housing and Urban Development shall require that any class of
laborers or mechanics which is not listed in the wage determination and which is to be
employed under the contract, shall be classified or reclassified conformably to the wage
deterrnination, and a report of the action taken shall be sent by the Department of
Housing and Urban Development to the Secretary of Labor. In the event the interested
parties cannot agree on the proper classification or reclassification of a particular
class of laborers and mechanics to be used, the question accompanied by the recom-
mendation of the Department of Housing and Urban Development shall be referred to the
Secretary for final determination.
(d) The Department of Housing and Urban Development shall require, whenever the minimum
wage rate prescribed in the contract for a class of labo:rers or mechanics includes a
fringe benefit which is not expressed as anhour1y wage rate and the Contractor is obli-
gated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof
to be established. In the event the interested parties cannot agree upon a cash equivalent
of the fringe benefit, the question, accompanied by the recommendation of the Department
of Housing and Urban Development, shall be referred to the Secretary of Labor for
dete rminati on.
(e) The Contractor may consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing benefits under a plan or pro-
gram described in section l(b)(2)(B) of the Davis-Bacon Act, or any bona fide fringe
benefits not expressly listed in Section 1 (b)(2) of the Davis-Bacon Act or otherwise not
listed in the wage determination decision of the Secretary of Labor which is included in
this contract, only when the Secretary of Labor has found, upon the written request of
the Contractor, that the applicable standards of the Davis-Bacon Act have been met.
Whenever practicable, the Contractor should request the Secretary of Labor to make
such findings before the making of the contract. In the case of unfunded plans and
programs, the Secretary of Labor may require the Contrador to set aside in a separate
account assets for the meeting of obligations under the pla:r or program.
(f) The specified wage rates are minimum rates only, and the owner will not consider any
claims for additional compensation made by the Contractor because of payment by the
Contractor of any wage rate in excess of the applicable rate contained in this contract.
All disputes in regard to the payment of wages in excess of those specified in this
contract shall be adjusted by the Contractor.
(g) If the Contractor does not make payments to a trustee or other third person, he may
consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing benefits under a planar program of a type expres sly
listed in the wage determination decision of the Secretary of Labor which is a part of
this contract: Provided however, the Secretary of Lahor has found upon the written
HUD-4238S (9-70)
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request of the Contractor that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the Contractor to set aside in a separate
account assets for the ITleeting of obligations under the plan or program.
53. Withholding of Payments
The Department of Housing and Urban Development may withhold or cause to be withheld
from the Contractor so much of the accrued payments or advances as may be considered
necessary to pay laborers and Inechanics errlployed by the Contractor or any subcontractor
on the work the full amount of wages required by the contract. In the event of failure to pay
any laborer or mechanic employed or working on the site of the work, all or part of the
wages required by the contract, the Department of Housing and Urban Development may,
after written notice to the Contractor or Owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until such
violations have ceased.
54. Payrolls and Basic Records
(a) Payrolls and basic records relating thereto will be maintained during the course of the
work and preRerved for a period of three years thereafter for all laborers and mechanics
working at the site of the work. Such records will contain the name and address of each
such employee, his correct classification, rates of pay (including rates of contributions
or costs anticipated of the types described in section l(b)(2) of the Davis-Bacon Act),
daily and weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(l)(iv) that the wages of
any laborer or mechanic include the anlOunt of any costs reasonably anticipated in
providing benefits under a plan or program described in section l(b)(2)(B) of the
Davis -Bacon Act, the Contractor shall maintain records which show that the commitment
to provide ,;uch benefits is enforceable, that the plan or program is financially respon-
sible, ond that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost
incurred in providing such benefits.
(b) The Contractor will submit 'weekly a copy of all payrolls to the Owner, for transmission
to the Department of Housing and Urban Development. The copy shall be accompanied
by a statement signed by the ern.player or his agent indicating that the payrolls are
correct and cOlnplete, that the wage rates contained therein are not less than those
determined by the Secretary of Labor and that the classifications set forth for each
laborer or rnechanic conform with the work he performed. A submission of a "Weekly
Statement of Compliance" which is required under this contract and the Copeland
regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial
payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor
under 29 CFR 5.5(a)( 1 )(iv) shall satisfy this requirement. The Prime Contractor shaH
be responsible for the submission of copies of payrolls of all subcontractors. The Con-
tractor shall make the records required under the labor standards clauses of the con-
tract available for inspection by authorized representatives of the DepartlTlcnt of
Housing and Urban Development and the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job.
55. Apprentices
Apprentices shall be permitted to work as such only when they are registered, individually,
under a bona fide apprenticeship program registered with a State apprenticeship agency
\,-,hich is recognized by the Bureau of Apprenticeship and Training, United States Depart-
Tt'lent of Labor; or, if no such recognized agency exists in a State, under a program
registered with the Bureau of Apprenticeship and Training, United States Department of
Labor. The allowable ratio of apprentices to journeymen in any craft classification shall
not be greater than the ratio permitted to the Contractor as to his entire work force under
the registered program. Any employee listed on a payroll at ap apprentice wage rate, who
is not registered as above, shall be paid the wage rate determined by the Secretary of
Labor for the classification of work he actually performed. The Contractor or subcontractor
will be required to furnish to the Department of Housing and Urban Development written
15
HUD-4238S (9-70)
l
r
evidence of the registration of his program and apprentices as well as of the appropriate
ratios and wage rates, for the area of construction, prior to using any apprentices on the
contract work.
56. COlYll)liance \Vith Copeland Anti-Kickback Act and Regulations
The Contractor shall comply '\vith the Copeland Anti-Kickback Act and Regulations of the
Secretary of Labor (29 CFR, Part 3) which are herein incorporated by reference.
57. Overtime
(a) No Contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics, including watchmen
and guards, shall require or permit any laborer or mechanic in any workweek in which
he is employed on such work to work in excess of eight hours in any calendar day or in
excess of forty hours in such workweekunless such laborer or mechanic receives com-
pensation at a rate not less than one and one-half times his basic rate of pay for all
hours worked in excess of eight hours in any calendar dar or in excess of forty hours
in such workweek, as the case may be.
(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in subparagraph (1), the Contractor and any subcontractor re-
sponsible therefor shall be liable to any affected employee for his unpaid wages. In
addition, such Contractor and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated damages shall be
cOlnputed with respect to each indivi.duallauorer or mechanic employed in violation of
the clause set forth in subparagraph (1), in the sum of $10 for each calendar day on which
such employee was required or permitted to work in excess of eight hours or in excess
of the standard wo:ckweek of forty hours without payment of the overtime wages required
by the clause set forth in subparagraph (1).
(c) Withholding, for unpaid wages and liquidated damages. The Department of Housing and
Urban Development may withhold or cause to be withheld, from any moneys payable on
account of work performed by the Contractor or subcontractor, such sums as may ad-
ministratively be determined to be necessary to satisfy any liabilities of such Con-
tractor or subcontractor for unpaid wages and liquidated damages as provided in the
clause set forth in subparagraph (2).
(d) Subcontracts. Thc Contractor shall insert in any subcontracts and clauses set forth in
subparagraphs (a), (b), and (c) of this paragraph and also a clause requiring the sub-
contractors to include these clauses inanylowel'tier subcontracts which they may enter
into, together with a clause requiring this insertion in any further subcontracts that may
in turn be made.
58. Signs
The General Contractor shall erect a sign at the project site identifying the project and
indicating that the Government is p'articipating in the dev'elopment of the project. The
project sign shall be substantially in accordance with instructions provided by the Regional
Office of the Department of Housing and Urban Development, made from 3/4 inch plywood,
placed in a prominent location, and maintained in good condition until completion of the
project.
59. Employment Practices
The Contractor (1) shall, to the greatest extent practicable, follow hiring and employment
practices for work on the project which will provide new job oppnrtunities for the unemployed
and underemployed, and (2) shall insert or cause to be inserted the same provision in each
construction subcontract.
60. Contract Termination; Debarment
A breach of Sections 45 and 52 through 56 may be grounds for termination of the contract,
and for deharment as provided in 29 CF'R 5.6.
16
HUD-4238S (9-70)
Subject
Index of General Conditions
Subject
Section
.Accident Preventi on....................
Additional Bond. ......... .......... ......
Additional Instructions ................
Allo-v..rallces It... ... It ..... .... It ....... ...... It
Anti-Kickback A.ct ......................
Apprenti ce s...............................
Architect1s Authority..................
Assignments ........ It It.. .....It.... It It'. ....
Bond, Security...........................
Bond, Security, additional............
Changes in 'york........................
Claims for Extra Cost.................
Compl etion ti,n1e.........................
COlnputation of Wages .................
Condition, Subsurface..................
Conflicting Conditions .................
Construction Schedule .................
Cont ract Documents....................
Contract Security.......................
Contractor 1 sIns urance................
Contract Te rmination..................
Contractor's Mutual Responsibility
Contractor IS Obligations ..............
Contractor's Payrolls .................
Contractor's Title to 1\'1aterials.....
Copeland Regulations ..................
Correction of \Vork.....................
Dan1ages, Liquidated...................
Data, Reports and Records...........
Debarn1ent It It It It It ~ It It It It It It.,. ..... ..... ... It ....
Debris Removal.........................
Definitions.............................. ..
Detail Dra\vings .........................
Different Subsurface ...................
Dis crimination, employment.........
Drawings detaiL.........................
Err1.ergellcies .. ....... It ....... It.... It ... It..
En1ployrllent Practices. . . .. . . . .. .
Eq ual Employment Opportunity. . . .
Es timated Quanti tie s...................
Extras .... ......... ... ...... It., .......... It It, It
Final Payn1ent...........................
Guaranty, gene r al.......................
Ins})ection ..... ... ....11.. It.... ..... It. .......
Inspection of Materials................
Insul-ance It It It It It It It It It It It It It It It It It It It It.. It It It It It It.. It It It It
Lands and Rights-of- Way.............
Legal Provisions, Implied............
Liquidated damages ....................
Mate rials ..8....~.. ..... It, It It It It It It It It It It It.. It...
Member of Congress...................
Minimum \Vages.........................
Non-discrimination ill Employment
HUD-4238S (9-70)
Section
"
44
30
3
36
56
55
35
31
29
30
17
22
19
57
21
41
24
1
29
28
60
32
11
54
6
56
20
19
15
59
37
2
3
21
46
3
13
59
46
38
18
26
40
14
7
28
39
43
19
5
47
52
46
Notice and Service ...................... 42
Obligations of Contractor ............. 11
"Or Equal" Clause ...................... 8
Overtime Requirements ............... 57
Owner's right to tenninate ........... 23
Patents ..................................... 9
Payment of Ernployees................. 52
Payments by Contractor............... 27
Payments to Contractor ............... 25
Payrolls of Contractors and subs... 54
Periodic Estimates ..................... 24
Permits, Surveys, Regulations ...... 10
Photographs ............................... 50
Posting Miniumm. wage rates ........ 52
Prohibited Intf" rests .................... 48
Protection of lives and health........ 44
Protection of work, property......... 13
Provisions required by law........... 43
Quantities of Estimate.................. 38
Regulations, I\ickback .................. 56
Release of Contractor.................. 26
Rcrnoval of D{~bris ...................... 37
Reports, Records and Data ........... 15
Responsibility of contractor.......... 32
Right of Owner to terminate.......... 23
Rights -of- Way............................ 39
Schedule of Construction .............. 24
Security.................................... 29
Separate contr'ZJcts ...................... 33
Services, materials, facilities....... 5
Shop Drawings............................ 4
Signs ........................................ 58
Stated Allowances ....................... 36
Subcontracting....................... 34 and 45
Subcontractorts Insurance ............ 28
Subcontractor's Payrolls.............. 54
Substitute BOJ:d........................... 30
Subsurface conditions .................. 21
Superintendence by contractor....... 16
Surveys, permits ........................ 10
Suspension of work...................... 51
Termination of contract .......... 23 and 59
Testing of Materials.................... 7
Time for cornpletion.................... 19
Title to materials ....................... 6
Use and Occupancy...................... 49
Use of Premises......................... 37
\Yage Adjustments....................... 53
Wages, Minirr.um ........................ 52
Wage Underpayments................... 53
W eathe r Conditions ..................... 12
Withholding of Payments .............. 53
GPO 911_599
17
r
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUo-~238-tl
(9-66)
SUPPLEMENTAL GENERAL CONDITIONS
1. Enumeration of Plans, Specifications and Addenda
2. Stated Allowances
3. Special Hazards
4. Public Liability and Property Damage Insurance
5. Photographs of Project
6. Schedule of Minimum Hourly Wage Rates
7. Builder's Risk Insurance
1. ENUMERA TlON OF PLANS, SPEC/FlCA TlONS AND ADDENDA
Following are the Plans, Specifications and Addenda which form a part of this contract, as set forth in
Paragraph 1 of thc General Conditions, "Contract and Contract Documents":
DRAWINGS
General Construction: Rough Grading
Nos. L-l of One Sheet
~--.;..=~~
"'~
"
"leetricQI:
"'....---
SP BCIFIC A TlONS:
See Index of this specification
.'~&l0;xAlti<t;''B'TI:ltQt~-''''"''''
Iea~ilating:
fTage~l.
"
to
incl.
lum bing:
"
to
, lectrical:
incl.
inc 1.
ADDENDA:
No. _
Date
No._
Date
-1.lnt~
No
Date
-~~.
~
2. STATED ALLOWANCES
NONE
.,.~trrrr~aTrrgrar,31i'""36-eJ'M'l'i!r"'crm-r~litttti mfS'";' 1n ~~'O'm1Tcto r sh all 1T1t~1 ad
How a in h is proposal:
d) For
(Page _ of Specifications)
a) For
b) For
$
c) For
$
e) (Page _ of Specifications)
3. SPECIAL HAZARDS
The Contractor's and his Subcontractor's Public Liability and Property Damage Insurance shall provide
adequate protection against the following special hazards:
(None anticipated. during this project)
4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY,
AN D Pi.?OP ERTY DAMAGE INSURANCE
As required under paragraph 28 of the ~neral Condjtions, the Contractor's Public Liability Insur-
ance a'ld Vehicle Liability Insurance shall Le in an amount not less than $ 100,000 for in-
juries, illcluding accidental death, to anyone person, and subject to the same limit for each
person, in an amotmt not less than $ 300,_Q90 on account of one accident, and Contractor's
Property Ddlllage Insurance in an amount not less than $~OO ,000
The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the
life of his subcontract, Subcontractor's Public Liability and Property Damage of the type and in the
sam e amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors
in his own policy.
~. PHOTOGRAPHS OF PROJECT
As provided in paragraph 50 of the' General Condi tions, the Contractor will furnish photographs in
the number, type, and stage as enumerated below:
None required for this project.
6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES AS RE-
QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS
See following pages
l BUILDER'S RISK INSURANCE
As provided in the General Conditions, paragrA.ph 28 (e), the Contractor wi ll/will not* maintain
Buil'der's Risk Insurwlcc (fire and extended coverage) on a 100 percent completed value basis on
the insurable portions of the proj eet for the benefi t of the Owner, the Contractor, and all sub-
contractors, as their interests maJ' appear.
*Str1ke out one.
U. S. GOVERNMENT PRINTING OFFICE: 1967 0 - 272-676
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DIVISION]
GENERAL REQUIREi'lENT
1. LIMIT OF WORK
Work limit is with the property line shown on the drawing with the
exception along the South property line. At south line grade to
e~isting fence line.
2. DRAWING
Drawing furnished by I~oyston, lIanamoto, Beck & Abey, 50 Green Street,
San Francisco, California. Sheet 1,-1 of 1, Rough Grading Plan, dated
October 1, 1971.
3. PEW,IIT AND LICENSES
Apply for and be issued all necessary permits licensed to perform work
for this project.
4. COOPERATION WITH CITY FORCES
The Contractor shall c.ooperate with all city forces which may do work
within the construction area.
5. VANDALISM
1he Contractor shall be responsible for repairs or replacement of damaged
work due to any vandalism prior to acceptance of work.
6. INTENT OF CONTRACT
It is the intent of this contract to obtain a finished, workmanlike job,
complete and in place.
7. ADVERTISING AND TRADE NAMES
A. No advertising signs of any kind shall be displayed on the building,
premises, fences, offices or elsewhere on the job without pel1uission
or approval of the City of Gilroy.
B. No exposed permanent trade names, trademarks or grade stamps or
materials or equipment shall appear in finished work except as
approved by the Engineer.
Division 1
GENERAL REQUIRE!\!ENTS
Page 2
8. INVESTIGATION Of CONUITIONS
A. The Contractor shall visit the site, exaJ1une all documents and
make known to himself the nature and character of the project
site and its general and particular location, the physical and
contractural conditions and requirements, and the limitations
and various other aspects relative to this project.
B. Owner or Architect will not consider any claims whatsoever on
account of Contractor's failure to fully investigate or determine
his requirements in advance of cOJ1unencing the work.
9. WATER
Contractor shall make arrangements and pay all costs for all water
required for construction purposes. Contractor shall furnish and
install piping or hose to carry water to every point where needed on
the project. Cost of water shall be at the regular local rates.
Contact the City of Gilroy.
10. CONSTRUCTION EQUIPMENT
A. Contractor shall erect, equip, and maintain all construction equip-
ment in strict accordance l-li th all applicable statutes, laws,
ordinances, rules and regulations of the City or other authority
having jurisdiction. Provide as required for the use of all trades.
Hoists, shoring, scaffolding and all other construction equipment
and facilities shall be installed and erected in accordance with
the latest Construction Safety Orders issued by the Division of
Industrial Safety, State of California, and the Associated General
Contractors ltHanual of Accident Prevention in Construction,1t latest
edition.
B. Shoring, staging, runways, and similar equipment required for con-
struction of the work shall be provided and maintained by the
Contractor.
11. FENCES AND BARRICADES
Construct and maintain fences, planking, barricades, lights, shoring,
and warning signs as required by local authorities and State safety
ordinances and as required to protect the City's property from injury
or loss and as necessary for the protection of the public, provide
walks around any obstructions made in a public place for carrying on
the work covered in this contract. Leave all protection in place and
maintain until removal is authorized.
Division 1
GENERAL REQUI RE~IENTS
Page 3
11. FENCES AJ"JD BARRICADES (cont' d)
All trees and shrubbery within the Contract Limits and all trees and
shrubbery in areas adjacent to the Contract Limits, shall be protected
from all injury. The Contractor shall take all necessary percautions
to preserve the trees and slnubbery. Any damaged trees and/or shrubbery
shall be replaced with similar trees or shrubbery. No stockpiling,
temporary buildings, or any other temporary obstructions shall be
located \vi thin the drip line of any existing tree or any shrubbery. All
protection shall remain in place until its removal is authorized by the
Landscape Architect.
12. STORAGE Nm SHOP
A. Contractor shall provide all temporary storage and shop rooms that
may be required at the site for safe and proper storage of tools,
materials, etc. Construct such rooms only in locations approved
by the Landscape Architect and so as not to interfere in any way
with the proper installation and completion of other work. Remove
such rooms within three (3) days of receipt of notices from the
Landscape Architect that removal is necessary, and incur all ex-
penses for such removal.
B. During the progress of the work materials shall be neatly stacked
at such points as the Landscape Architect may approve and shall be
property cared for and protected from the \veather and theft. In
the case there are several contractors operating at one time,
arrangements must be made to allow the joint use of storage space
so that the progress of ~le work will be expedited and other con-
tractors not delayed or inconvenienc~d unnecessarily.
C. Contractor shall store construction materials and equipment within
boundaries of designated areas. Storage of gasoline or similar
fuels shall conform to N.B.F.U. Regulation or local fire marshal
regulations and shall be confined within definite boundaries apart
from buildings as approved by authorities having jurisdiction.
13. TEMPORARY JOB OFFICES
Contractor shall furnish, install and maintain a temporary office of
suitable size for himself. Contractor's job office shall be kept in
a neat and orderly manner so that Owner and Landscape Architect and
their representatives can consult with the Contractor unemcwnbered by
tool storage, boxes, trash, etc. Contractor at his option, may furnish
a suitable house trailer for his temporary job office.
Division 1
GENE RAL REQUI RE~lENTS
Page 4
14. REMOVAL AT COMPLETION
Upon completion of the work, or prior thereto when so directed by the
Engineer, the Contractor shall remove all Temporary Facilities
structures and installations from the Owner's property. Similarly,
return all exterior areas utilized for Temporary Facilities to sub-
stantially their original natural state, or, when called for on the
drawings, complete areas as shown or noted.
15. DUST CONTROL
The Contractor shall provide and apply dust control at all times in-
cluding holidays and weekends, as required to abate dust nuisance on
and about the site which is a result of construction activities. Dust
control shall be by means of sprinklered water or other approved means,
except no chemicals, oil or similar palliative shall be used. Quantities
and equipment for dust control shall be sufficient to effectively prevent
dust nuisance on and about the site; and \"hen weather conditions warrant,
sprinkling equipment shall be on hand at all times for immediate avail-
ability.
The Engineer shall have the authority to order dust control work whenever
it is required in his opinion, and there shall be no additional cost to
the Owner.
Division 2
CLEARING OF SITE AJ'lD FINAL CLEJ\N-UP
1. GENERAL CONDITIONS AND GENERAL REQUIREMENTS are part of this Division,
applying as fully as if repeated here.
2. REMOVAL OF ,^U~ REPLACEMHH OF OBSTRUCTIONS
A. Remove rocks, stones, debris, and other obstructions of whatsoever
kind or character, whether natural or artificial, encountered in
construction of the work. Remove no trees, plants, shrubbery or
ornamental vegetation without consent of Landscape Architect.
B. Existing Water Well: Upon encountering abandon well not shown on
plan, 'contartthe city engineer for direction. All work for scaling
the well shall be extra work on a time and material basis as
directed and approved by the city engineer.
C. Existing Septic Tank: Upon encountering abandon septic tank fill
with sorl andobtain 90 percent compaction of maximum dry density
achieved by A.A.S.1I.O. Test Tl80-57
D. Exist P.G.E Po\\'er Line: Co-ordinate with P.G.E and city engineer
for the removal of all power lines and poles.
E. Existing Concrete Foundation and Slabs: All concrete prior to
emplacement in- disposal tren('~h shall be broken down to two-three
feet square. Place concrete rubble slab in disposal trench at
horizontal position to prevent void pocket of fill material.
F. Refuse and Debris: Breakdown all refuse to sizes of two feet
square prlor to placement in disposal trench to reduce future settle-
ment of fill material.
3. DISPOSAL TRENCH
A. Construct disposal trench under new mound area. Trench shall be
large enough to accept all debris and concrete from clearing operation.
B. Confine disposal trench to a maximum of 15 feet on their side of
center line of the mound and top of trench not to exceed adjacent
existing grade.
C. Fill and compact trench to 85 percent compaction refer to fill place-
ment under site earthwork and grading.
4. STRIPPING CUT EARTHWORK FOR TOPSOIL
All areas requiring cut earthwork shall be stripped of the top twelve inches
Division 2
CLEARING OF SITE AND
FINAL CLEAN-UP
Page 2
4. STRIPPING CUT EARTHWORK FOR TOPSOIL (cont'd)
of the natural existing grade topsoil and relocated to the top eight
inches of all mounds, and fill areas.
5. FINAL SITE CLEAN-UP
Also prior to final inspection, thoroughly clean the entire site and
put it into a neat, acceptable condition. Remove from the entire site,
all construction waste and unused materials, dunnage, loose rock and
stones, roots, weeds and all debris of any description resulting from
the \<Iork. Hose down and scrub where necessary.
Division 3
SITE EARTHWORK AJ".JD GRADING
1. GENERAL CONDITIONS AND GENERAL REQUIRBIENTS are part of this Division,
applying as full as if repeated here.
2.' GENERAL
All land fill and land stabilization, which is also referred to as
grading, shall be done in accordance with the approved plans and these
specifications. Determination of compliance of Hork with these
specifications will be made by the City and Landscape Architect.
Modifications of plans or specifications which may be required during
grading vii 11 be as directed by the Lands cape Architect.
3. EXECUTION OF WORK
A. Lines and levels:
(1) Locate mounds and cut areas accurately; and layout lines,
grades and elevations with stakes set as necessary during
course of work. Have location and alignment approved by
Landscape Architect before proceeding \~i th excavating,
filling and grading.
(2) Protect and maintain existing bench marks during entire
course of the Contract. Re-establish monuments or stakes
distrubed or destroyed under this section without additional
expense to the City.
4. GROUND PREPARATION
The ground surface beneath all fill areas shall be stripped of all
vegetation, roots, debris, unsuitable soil and uncompacted fill. The
exposed fill foundations shall be scarified, watered and compacted prior
to placement of fill.
5. FILL MATERIAL
Materials for the fills or mounds are to consist of on site soils. All
fill materials are to be free of roots, debri? and excessive organic
material.
6. FILL PLACEMENT
A. Fill material shall be spread in uniform layers not exceeding 6 inches
in thickness. ~';ater shall be added to the fill or the fill shall be
allowed to dryas necessary to obtain fill moisture content at \'ihich
specified c~npaction can be obtained.
Division 3
SITE EARTHWORK AND
GRADING
Page 2
6. FILL PLACEMENT (cont'd)
B. Compaction shall be by earth moving equipment or other acceptable
rollers of such design that the fill can be compacted to the
specified density of 85 percent of maximum dry density achieved by
A.A.S.H.O. Test 1'180-57
7. MAINTAIN WATER CHANNEL DURING CONSTRUCTION
Program work and make provisions necessary during entire course of con-
struction to comply with City of Gilroys and the Santa Clara Flood Control
District regulations or directions of Engineers or interest of safety
or access relative to flow of storm drainage water along channel with
the project limits. Make provisions for temporary unobstructive water
channel.
8. MOUNDS
A. Deep fi lIs shall acquire m1.n1.mum compaction of 85 percent of maximum
dry density achieved by A.A.S.H.O. Test T180-57
B. Build up mounds in layers not exceeding 6 inches in thickness. Com-
pact each layer by passing over with earth moving equipment. Build
mounds to lines, grades and contours indicated. Bottom of slopes
shall flare into surrounding surface. Final locations and forms of
mounds shall be adjusted as directed by the Landscape Architect.
Place eight inches topsoil to mounds.
9. FINISH ROUGH GRADE
Vary not more than 0.25 foot above belm\] the grading indicated on the
drawing. Surfaces that do not conform to this requirement shall be re-
shaped to conform, all at the contractor's expense.
..
BID OPENING
NORTHSIDE PARK ROUGH GRADING
October 18, 1971
1. E. A. Buttler Contractors, Inc.
Sa 1 i nas, Ca 1 i forn i a
2. Robert F. Lawrence Co., Inc.
Millbrae, California
3. Gold Coast Construction, Inc.
Salinas, California
.......------.-"<"
4. Maxdon Construction, Inc.
Santa Clara, California
5. Bellicitti &Pellicciotti Construction Co.
Santa Clara, California
6. George Renz Construction Co., Inc.
Gilroy, California
7. Granite Construction Co.
Watsonville, California
8. Eilert & Smith, Inc.
San Jose, California
c- (/
1-" ./
$26,000
$28,000
$33,920
$34,900
$36,950
$46,900
$63,226
$68,989
...
..
NORTHS1DE PARK DEVELOPMENT
PRIORITY SCHEDULE & COST ESTIMATE
SEPTEMBER 26, 1971 PARK PLANN I NG COMM t TTEE .
o
1. Rough Grad i ng
2. Fine Grading
3. Irrigation
4. Turf Areas
5. Trees
6. A.C. Paving @.45
Main 21,000
Wayland 11,000
Hanna 9,400
7. Redwood Headers 2,000 1.f.
8. Bollards 4 ea @100.
9. Bumper Stops 105 ea @ 12.00
10. Schoolage play area & equipment
11. Group Barbecue
12. Softball Backstop
13. Softball Lighting
14. Restrooms - Rec OFfice & Storage
15. Drinking fountains 5 ea @ 150.
16. Family picnic areas @1,000
17. Lake 142\~ ft.
18. \Jater play 7,200 sq. ft.'
19. Dam
20. Pump
21. Fountain
22. \later Jets
23. Rock Falls
24. Bridges - Foot 3 ea @ 2,500
25. Main Bridge
26. Preschool play area - south
27. Concrete Paving
28. Pathway 1 ights 15 ea
29. D.G. Paving
NOTE: Item 29 to be cut depending on
picnic areas, etc.
30. Softball bleachers
31. Restrooms - south
32. Additional lights 25
33. Sitting area
34. Additional Picnic 8@1,000
$ 49,500
20,000
43,200
14,400
11,250
18,630
2,000
400
1 ,260
4,500
5,000
2,500
20,000
20,000
1 ,250
6,000
21,300
7,200
3,000
3,000'
1,000
1 ,000
2,000
7,500
4,000
12,000
5,000
7,500
24,625.
parking,
5,000
8,500
. 12,500
700
8,000
353,715.
*Amounts to be deducted to reduce total estimate.
FUTURE
35. Church Street A.C.
36. Bumper Stops 21 @ 12.00 ea
~37. Group Barbecue
38. Recreation Building
39. Tennis Courts .
40. Handball & Tennis Practice
3,150
252
15,000
55,000
21,000
7,500
$ 101,902
*2,000
* 120
*2,500
*6,000
-1:7,500
* 700
-1:4 000
,
22,820.
AI.,-,.. ~.,.,
~
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d.!---.~ ~ ~/ ~I -
~
3. v-/~ R-ny~. G/~ -
~
I v5~'~~~'~. a.-
~~ I
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~~
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IJ~
J. ,/ l1lafdn.J ~, JLv. -
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r~ d, //, ~ ~ ~ -
)
~ o~ ~ f/
,i1L/J.." /J
~/~'
1 ~ 0 eo -- C~
33/720 - G\
461900- @
~ c rSO - (0
-68/ 1?9 - ~
63, 2-ZC; - (j)
31-; 9co-
/"\
lY
Zbt oct? --
WORKING DRAWING ESTIMATE
ROUGH GRADING
NORTI-lSIDE PARK
CITY OF GILROY
ROYSTON, HANAMOTO, BECK & ABEY
Landscape Architects
SO Green Street
San Francisco, California 94111
ITEM
QUANTITY
j~-cj
September 20, 1971
UNIT COST
TOTAL