Loading...
Granite Construction Company i I ! I : TUIS /AGREEMENT, made this I ' I City of 2nd I I' I CONTRACT I. : . d'Y.f~' 19..ll., by and : I I I ' , herein called "Owner," aCling I ' HUD-4238-F (6.661 Letweell G i 1 roy (Corporate Name ofOwntrJ . , herein lhro~gh ils I Mayor I (Title of Authorized Olficial} !, I , . Gra~ite Cons:ruction cotnfahy (a corporation) ~>illl~~k~1 ("J<~(h.b.JlK~>GX ' . and STHIKE OUT INAl'l'LICAnLE I TERMS I , I I of Wat90nville ) . County ot Santa Cruz t and Slale of Cal ifornia hereinafter 'called "Colltraclor." I I I I WITNESSE'1ll: That for and in consideralion oUI,e paymen 8 nd agrl."cmCnlS hereinafter mentioned, to be Inade Rnd l~crformccJ by lhe OWNER, the CONTRACTOR: h'ercby agr es 'ith the OWNER to commence and complete the cOtlstruttion described aslollows: ' i I hereinaflercalledtheprojcet,forthesumof Fift six thousand ei ht hundred sixt ei ht Dollars (5 5h J RhR ) and all extra work in connection therewith, under the te ms as staled in the General and Special Con. ditions of the Contrael; and at his (its or their) own proper cost and e, perli;c lo Cum ish all the materials. supplies, rnaehincry,clplipment, tools, superintcn,lcncc,labor, insurlltlcc, and 0 hJr accessories and scrvices necessary to com. plete the said projecl in accordance with lhe conditions and prices sta cd in lhe Proposal, lhe General Conditions, Sup. plemental Celleral 'condiliolls and Special Conditions of lhe Contrael, th plans. which include 1111 maps, plats, lolue prints, and other drawings and prinled or wrillen explanatory matter he eo(. the specifications and contract doelllllents . lherefor as prepared by Ro s ton Ha amo 'B i. herein enlitlcd lhe Architer.l/ElIgincer, and as ellullleraled in Par3{;raplt 1 of tlte Supplemental General Condi ios, all o( which are made a part hereof and col. leclively evidcnee and constitute the contract. I . The Contrnetor hereby agrecs to commence work under lhis ojtrtlct 011 or before a date lo be E'pecified in a written "N0tice to Proceed" of the Owner and to fully complete the rOJcct within ~ confleculive calcndar days thereafter. :The Contractor further agrees to PRY. as liquidated dRmag s, he sum of $ 50.00 (or each consccu. tive,calendar day thereafter as lrereillafter provided in Paragraph 19 of lltj General ~onditions. T~e OWNER agrees lo pay the CONTRACTOR in current (Ufd~ (or lhe performance of the conlract. subject to additions ard deduclions. liS provided in the Gefleral Conditions ollh C!>ntract. and to make payments on account thereot as grorid~d in Paragraph 25. "Paymcn18 to Contractor, n of th G~neraJ Conditions. . I I .. I . .. I' . . I .' ' I I I i I I i . I . ., II " .'.' t, t t te' , \ IN ~VITNESS WHEltEOF, the partirs to these prc:OClltE llavc c~cculcd ,illS ,,,,,,WCllll of which Shill he deemcd an <;Jriginal, ill the year alld day first abovc mrtioned. i I (Seal) I , ATTEST: I I c%tl I y I , \Uj COUlll": i ''', G i 1 ro (Owner) By Mayor (Title) (Seal) ~y I I ~RANITE CONSTRUCTION COMPANY- ~ (Contractor) ~,~ _b. c. Dorey, Vice President (Title) ost Office Box 900 atsonville California 95076 (Addreu end Zip Code) I, I I -I i NOTE: I I I I I I i secritory of the Owner should attest. If Contractor is a c~rporation, Sl! retary should attest. I I (Witness) . I I I I i I I I. I I I I I I I I ,I ( i I i I HUD-42J8.F 1(6-661 I , ' , GP 0 '69.380 .. ,; \ I. ':1 :] ::J :] :] :1 :]. L', :]. :J .0 :] :] :J ::J :] BOND NO. 8060-48-06 PERFORMANCE BOND "",, . . , '.:'.. KNOW.ALL MEN BY THESE PRESENTS: That we. GRANITE CONSTRUCTION 'COMPANY, (1'1..... of Contr.ctor) P. O. Box 900. Watsonville. CA. 95076a California Corporation (Corpor.tlon. P.rtenhlp, or Indlvldu.l) h~reina(ter called "Principal" and PACIFIC INDEMNITY COMPANY 555 California Street: (Suret)) of San Francisco, . State oC California hereinafter .h '.. -; ".,: called the "Surety". are held and firmly bound in~o: CITY OF GILROY (Owner) , ~.I '., .' . t; .: ~ oC 253 W, Seventh Street. Gilroy. CA. 95'0.be.reinarter (City .nd Slat.) Zu Fifty-Six Thousand, Eight Hundred Sixty- Eight and called "Owner", in the penal sum oC no/IOO - - " \ _.,' '~'";. ~.. _ ..,' .J 'Dollars ($56,868.00 ) in lawful money oC the Uniled St~.tes, Cor the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administralors and sllccessor's, jOintiy and severally, firmly by these presents. - -. . ...... .... . . ~ ;...:.1' ;...: : - THE CONDITION OF THIS OBLIGATION is such t hat Whereas, the Principal entered into. a cerlain contract wilh the Owner, dllte~ the: .2nn day oC 'Allgm::t .19..1.3... a copy of which Is hereto altached and' made a part hereof for the construction of: ......- .... ....... -......-.--.... .. .......... .. ".~ O-::"! .-..~ : 0"1':_'. Tennis Court Complex. Northside Park. H. U. D. Project No. Calif. OSD 475 . .! ,t .:. ~ . "', ,'. .. ".", .~. -I' " ~ .::Or: _", "'4 - ;. ..". . ~.1' .'.. t NOW, THEREFORE, if the Principal shall well, truly and failhfullJ perform its duties, all the under- takings, covenants, terms, conditions, and agreementso.f said contract daring theoriginar lerm. thereof, and any extensions thereof which may be granted by the Owner. with or withO'Jt nolice to the Surety , and if he shall satisfy all claims and demands incurred under suctr contract, and shall fully indemnify and save harm- less lhe Owner Crom all costs and damages which it may suffer by reason of Cailure to do so, and shall re- imburse and repay the Owner all outlay and expense which lhe Owner mar incur in making good any defaull, lhen lhis obligation shall be void; otherwise to remain in full force and eefect. .., PROVIDED, FURTHER, lhat lhe said Surety, for value received hueby stipulates and agrees that no -J change, extension of time, alleralion or addition lo lhe terms of the contact or lo the work to be performed thereunder or lhe specifications accompanying the same shall in any wise affect its obligation on this bond, . .~;;;;:;,'v~_ and -it does.bereby.waive notice Of any such change. elttensiotr:-of:ttme;aAeration or addition tathe lerms:oC.... :] the conhact or to the work~r to the speCifications. . . :J :] :J. ,':tlUD...238.H (11067) Pr..loul .ditlonl ..oblol.t. . .~".,.'. :.1 .' . ..~ ~.. ,. .... '.' . " . .. .,. . --,,,,~,.,--,--::::,:"-,~.~,,,->_.",----.,,~,,--~~~~~---,,,,_._.,-- ,.' , - :l Cl tl t] C] - _.~-_.- Cl PROVIDED. f'URTHER. that no final settlement between lhe Owner and the Contractor shall abridee the right or any beneficiary hereunder. whose claim may ~e unsatisfied. IN WITNESS WlIEREOF. this instrument is executed in six (6) counterparts. each one or which shall be deemd an original. this the ?nrl day of A ll~1H~t 19-13...... ' ATTEST: ..f GRANITE CONSTRUCTION COMPANi Prinelpe' ') S.e,.'.'" , Assistant Secretary By (S . .. WI'n... .. '0 P,/nc/pe' o . . P. O. Box 900, Watsonville, CA. 95076 CAcldr....Zlp Code) ~AciFIC iNDEMNITY COMP'ANY 0, SUNtty ATTEST: " 'BY' d~dJ6;i ",,_erln-F.ct Fern Stroh, Attorney"'in-Fact' t] C]C (SW"'Y) $ec,,,'.'Y : ' (SE~ " /I, . . 'C7)~~~ L . T d' W-lln.... .. '0 Su,.'Y aurle eas ale 555. .California Stree~ ~an Francisco California 9410'4 (Addre...Zlp Cod.) . . tl : . P. O. Box 900, Watsonville, CA. 95076 'CAddro...Z1p Code) C] " ...,. "...t:-. nnle of Bond must not be prior to date of Contract. . . . -..- ---,.... _.,6",I,tA hnnd STATE OF CALIFORNIA County of .m--.....s..gJ1.t.~.mc.~.~~...__.__m__.} ss. On this__m.~ng__...m__m.._..day oL...A\;l.g.~~__tm____m.mm 73 . a Notary Public in and for said Co t d S . . .. 19..m___, before me, m..m____mm.yy:.~.~9.~_9.:.m~.~__m~~.~cko un y an tate, reSIdIng therein dul co " .m__....m__m....__......m.. ....m......__m__....__m..__m__...__.....__.__...__________.__~ERN STROH y mmlsslOned and sworn, personally appeared ~;:';~;~~~~~b~;h;d;;i;~~;i;~;;;~.;A;;~;~~;:;~:F~~;;ipACiFicmm: ,an t e same person whose name is subs i . . . INDEMNITY COM- acknowledged to me that he (she) subscribed h' (I cr )bed to the WIthIn Instrument and he (she) on behalf of PACIFIC INDEMNITY CO~~A~r own name as the Attorney-in-Fact for and IN WITNESS WHEREOF I h h Y. day d' ' ave ereunto set my h d d . an year In this Certificate first above writt en. an an affixed my official seal the ~mml;;1::';~,"1_::: ;;;;,;;:~;~~~.:;;: '~;-l~r~L,,;;,,"',;if.: -_.~\, _ ::: y,m,jOi'iA J '::::','-v"/() :~ . ! p~j~;::~;6,!:~;iJc,r,;{;!~~~?~';:: ~ ldf.-au4=LCLm;;:2~ a~, ri1yComrnission Expires ['.,-L:y 11, lS77l} ~ N t P b S t .....u~.~_. ..tlll!ln~:lIl!llg~l5.:lli""\i;;r.,'.';' ""L-"'Tc'Utl:! 0 ary u lic in and for an a cru~' .--.--- .....---- .m____ mm.___mu.m Form G1DDD Rev. F (568) .. "-..-.- .M ". u___.u_____.__________.._______._____m____________ County, State of California ~ " :] ~ :j :j ~ ~ ::3, ~ "lei j :] :] :] j :] I I :] T- 1 BOND NO. 8060-48-06 PAYMENT BOND KNOW ALL LIEN BY THESE PRESENTS: That we GRANITE CONSTRUCTION COMPANY (Name of Contrac:tor) P 0 Box 900, Watso~ville. , a 076 California Corporation LA . ~ 5 (Corporation. Partnership. or Individual) hereinafter called "Principal" and PACIFIC INDEMNITY COMPANY 555 California Street (Surety) of San Francisco , State of California hereinafter caUed the "Surety", are held and firmly. bound unto CITY OF (Owner) of Gilroy, California (Cl ty and State) GILROY hereinafter called "Owner", in the penal sum of Fifty-Six Th011Rand, Eight Hundred Sixty-Eight arid no/IOO - - - ,Dollars ($ 56,868.00 payment of which sum well executors, administrators presents. ) in lawful money of the Uni ted States, for the and truly to be made, we bind ourselves, our heirs, and successors, jointly and severally. firmly by these THE CONDITION OF TillS OBLIGATION is such that Whereas, the PrinCipal en- tered into a certain contract wi th the Owner. dated the 2nd day of August 19~, a copy of which is hereto attached and made a part hereof for the con- struction of: Tennis Court Complex. Northside Park. H. U. D. Proiect No. Calif. OSD 475 NOW. THEREFORE, if the Principal shall promptly make payme~t to all persons, firms, subcontractors, nnd 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 wotk. and all insurance premiums on said work, and for all Inbor, 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 ~ork to be performed thereunder or the speCi- fications accompanying the sn~e 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 t~e contract or to the work or to the specifications. HUD-4238-1 (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. r=), IN WITNESS WHE~EOF, this instrument is execrited in six (6) counterparts, each'one of which shall be deemed an original, this the ~n~ day of Al]gl]~t 19 73 . r=I o r:t GRANITE CONSTRUCTION COMPANY (!r.ilJ,<ipol) J F;.. D. lVloller,' (~EAL) . rl,or1 11 sSlstant Secretary Priftdpd 8>n4/~ ' , ,Dorey, ce . PreSIdent Post Office Box 900 Watoo nville. California 95076 .(Addr....Zip C..de) _(5) r:2 .i fA c'. . u to Priftcip 01 ~ p, 0, Box 900, Watsonville, CA. 95076 (Addreu-Zip Code) ATTEST: ., . P A CIFJC INDEMNITY COMPANY Sur,e', :1. :1 :jC (Surety) SHr.'ory~ (SEAL) '. ~/U-/~ ~~~ L . T rit~e.... .0. to Sure'y aurIe easuale :1 POBox 900, Watsonville. CA. 95076 (Addess-Zip Code) By~JJt~L Attorney-in-foe' ;Fern Stroh, Atto,rney-in-Fact 555 California Street San Frandsco. California 94104 (Addreu-Zip Code) :1 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond ~ ~::~yE o~.~.._~.~~:t~g~:~;.~.~.................} ss. On this.......?n.d....m..........day of.....Aug.us.t.................. 19.7.3., before me, ...................Win.ana...J......9..~9..~~.<?.....................mm a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally appeared...................... ......................................................................r.~.BN....S.1'.RQ.ff.........m..........................................................................................................mm.................m. known to me to be the duly authorized Attorney-in-Fact of PACIFIC INDEMNITY COM- P ANY, and the same person whose name is subscribed to the within instrument and he (she) acknowledged to me that he (she) subscribed his (her) own name as the Attorney-in-Fact for and on behalf of PACIFIC INDEMNITY COMPANY. IN WITNESS WHEREOF, I have hereunto set my hand and aflixed my official seal the day and year in this Certificate first above writt en. a~ ~ ~ ~ II! C~: Z f!!l ~:: j1j ~ ,. 111~, r ,l, i:!!:~:; ~:tf 15 2 ~ a~!! ~ ~j ~ ~J. ~ I j 1211 ~ ~~, : ()FF'ICli\.L SE1\L ~ = \Nlf\JC};\!r\ J. SI\C)C(\O ~.: i NOT~\RY" FU;3L;C. C)-,L;>URNi;\ ~ E Principal Ofi\~~ \;-1 ::./\,;:rr;\ C[;:':jc~ C~I~u_:.;1.Y ;: : [v1yCommisslOn Expiles Mey 1:,.1/7 ~ im i s n II i I i III: Iii ~ U~iI nii II i ~,~ ~.a j, t.." j',;::,;,.c II Iii Form G1DDD Rev. F (568) ------ '. , (~~~:1m~mm Notary Public in and for........S.gJJ..t.Q.....C:r.1J:Z............. County, State of California ~ PACIFIC INDEMNITY COMPANY HOME orFICE: LOS ANGELrs, C^L1FORNI.... o iEXAS P;\CIFIC INDEM!lITY COMPANY HOME Of FleE: DALLAS. TEXA.S o NORTHWESTERN PACIFIC INDEMNITY COMPM.'( HOME OFFICE: PORTLAND. OREGON Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that the.........PA.\;U~t\;.JNP..~M_NJTX.__~Q.M?A.NX.._____.__.___....... a corporation of the State oL..(:;;JJUgXP.t.Ct........ ....___, by authority of a resolution adopted bl its Board of Directors at a meeting called and held on the____....8.~~:_____.....__....day oL..T~.~~.~~.?-.:.Y.__...m' 19.~..__., which said resolution is still in full force and effect and of which the following is a true and complete copy: "RESOLVED. that the President or any Vb,-P!csklcnt may from time to time appoint Resident Vice-Presidents. Resident A,dstant Secretm ies and AHorneys.in-Fact to reprpsent and ael for and on bohalf of the Company. and either thE' President. or an, Vice.President. the Board of Directors or the Executive Committee may at any time remove any such Resident Vice-President or Resident Assistont Secretaries and Altorneys.in-Fact and revoke the power and authority given him; and be it further "RESOLVED. that Attorneys.in.Fact may be given full power and authority to execute for and in the name and on bE'half of the Company, any and all bonds. recognizances. contracts of Indemnity and other writings obligatory in the nature of a bond. recognizance or conditional undertaking. and any such instrument .executed by any such Attorney.in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary; and be it further "RESOLVED. that the Attorneys.in.Fael are hereby authorized 10 verify any affjdavil required 10 be attached 10 bonds. recog. nizances or contracts of indemnity. policies of Insurance and all other wrillnqs obligatory In the nature Ihereo!." does hereby make, constitute and appoint FERN STROH its true and lawful Attorney-in-Fact, with full power and authority to make, execute and deliver, for it, in its name and in its behalf, as surety any and all bonds and undertakings of suretyship. (This Power of Attorney supersedes' all Powers of Attorney-formerly issued to Fern Stroh) And the execution of such bonds or undertakings, in pursuance of these presents, shan be as binding upon the said Corporation, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the said Corporation in their own proper persons. IN WITNESS WHEREOF, the ..........~A-.g~;f.r~J~p~.M.~.'IX...gQM.PA.NY................_....m..................... has caused these presents to be signed by its Vice-President and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary, this ...5th...... day of........m.......Iune................m.........A.D. 19..6_9..._.. Attest: .. ......_. !0.~~~~.~::....~.?~!?~E!l:....... ............... .m........ Assistant Secretary. By.... ..........!._~...Y! ~..._~~.y..~::.:r:.~.~.J.~.~m..m......... .............. Vice.Presldent. STATE OF CALIFORNIA. COUNTY OF LOS ANGELES f ss.; 5th' June 69 On this..._..h._hh..........oooo...........oo....day 01............................................ ......................h............................A. D. 1900....... before me personally came .............I.!..._.W.~....M.~.YE.~E.~L.;r.E.~..u.....u.......u.......................h..U..............u.....u....................................uu...to me known, who, being by me duly sworn, did depose and say. Ihat he resides in the City of Los Angeles, California; thai he is the Vice.President of the.....J2.~.Gj.ftG........u..... . ...... _ ~!.l:~. ~~.~!y... g.? ~p..~ ~y..... ............._........ ............................................ ....... ....... ..... .................. .......... h..............OO............. the corporation described in and which executed the above Inslrume nt; thai he knows the seal 01 said corporation. Ihat the seal affixed to the said instrument is such corporate seal; thai 1\ was so affixed by order of the Board of Directors of said corporation. and that he Signed his name thereto by like order. STATE or CALIfORNIA, COUNTY OF LOS ANGELES f ss.: _....A.r.Jgg.n...g.~....J.~.Wp.Y.U...._..h.................................u........................ Notary Public. My commission expires April 10, 1972 (Notarial Seal) 1, . ...........'?~~.~y. .!::.:...~.?~~~.~m............................... ...............Assistant Secretary of the ................. ....................... ..P~.~.~g~.)!.l.~~.~~.~y....g.<?~P..~gY............oo......., do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said.....mP.Ct.GHi.~.Jng.~m~.UY....~.QmJ??:P.y__..__.........__oo......... which is still in force and eHect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of Los Angeles, this................2n.d..............day OLm....................m__Agg~p.t................'.......m.......A. D; 19...?~.. Form Gll10 Rev. B 30M 866 ,.~~,a.:,..;t.?~S;~;~i~i~.... ,. ':' '\. .-~ '", \ \. \"i. \ ~ ,; l ./' ~ CONTRACT DOCUMENTS Al'JD SPECIFICATIONS I ' '-. FOR , . " TENNIS COURT COMPLEX NORTHSBCE PARK H.U.C. PRC-.JECT NO. CALIF. CSC 475 CITY OF GILROY, CALIFORNIA ROYSTON, HANAMOTO, BECK & ABEY Landscape Architects SO Green Street San Francisco, California 94111 (415) 397-0594 June 27, 1973 !t, Copy No. 12- CITY OF GILROY. GILROY, CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS For NORTHS IDE PARK SITE DEVELOPMENT H.U.D. Project No. Calif. OSD 475 City Project No. NORMAN B. GOODRICH Mayor GEORGE T. DUFFIN Vice Mayor ****************************************************~****************** COUNCILMEN - BENNIS DeBELL JOHN E. PATE ...JOHN HUGHAN DAVID V.STOUT ANTONY SILVA .~************************************************************************* FRED O. WOOD, Ci ty Manager William E. Ayer i , , Director of Parks and Recrea~ion Bruce M. Jacobs City. Attorney William K. Henry Director of Public Works , Suzana Stienmetz Ci ty.' Clerk *********,* * * * * *** * * * * * * * * * * * * * * * * * * * * * ** * *** *!< * * * * * * * * * * * ** ** ** * ** * ** * * *** .' SPECIFICA TIONS TABLE OF CONTENTS Table of Contents Project Description Advertisement for Bids Information for Bidders Certifications of Bidder Regarding Equal Employment Opportunity and Instructions Bid Form for Bid Item Contract Bid Bond Contract Performance Bond Payment Bond Project Signs General Conditions Supplemental General Conditions Basic Wage Rates (HUD) Special Conditions and General Requirements TECHNICAL SPECIFICATIONS DIVISION 1 DIVISION 2 DIVISION 3 DIVISION 4 DIVISION 5 DIVISION 6 DIVISION 7 DIVISION 8 SITE GRADING AN) EXCA VA TING SUBGRADE PREPARATION AND BASE MATERIAL ASPHALT CONCRETE PAVING CONCRETE METALS CHAIN LINK FENCE TENNIS COURTS ELECTRICAL PROJECT DESCRIPTION The project consists of the construction of three complete tennis courts, two handball courts with adjacent tennis practice courts, and the installa- tion of asphalt w8Jk from the parking to the above facilities. These facilities are located on the lower northwest corner of the 22 -acre Northside Park in the City of Gilroy. Surrounding streets are Church Street to the east, Ramond Street to the north (presently under construction), Hanna Street to the southwest and WeIand Street to the southeast. This park is currently under construction, under our supervision, and is 60% complete. . U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD.4238.A (5-66) ADVERTISEMENT FOR BIDS Project No. Calif. OSD 475 City of Gilroy, California (Owner) Separate sealed bids for Northside Park Tennis Court Complex the City of Gilroy the City Clerk for will be received by at the office of the City Clerk - 7390 Rosanna Street, Gilroy, California until~o'clock(~,_S.T._~} .July 12, office publicly opened and read aloud. , 191.3., 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 may be examined at the following: Department of Parks and Recreation, City of Gilroy, California City Hall, 7390 Rosanna Street Gilroy, California P. O. Box 66 Copies may be obtained at the office of Parks and Recreation located at City Hall, Gilroy ~kEt~ upOn payment of $ 5. 00 for each set. . ~x:~mkJt!'JKmdb0tx~ ~~KNJt~ NON -REF1TNDABLE. 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 minimum 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) SUZANA STIENMETZ City Cler~ City of Gilroy GPO 869-156 (. - <<' 'U f -i I l c ,. I . . . " HUD-4238-A (Page 2) , f.DVERTISEH~':NT FOR BInS . , 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 e~ployment opportunity and are required under certain conditions to present writte~ 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. .' ,t' U. S. DEPARTMENT OF HOUSING AND URflAN DEVELOPMENT INFORMATION FOR BIDDERS 'HUD-ij238-B ( 2-66) 1. Receipt and Opening of Bids Th e City 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 3:00 P. M. 0' clock ~., _ST/ma: ,July 12, , 19 .7..:L, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed, addressed to the City Clerk at City Hall, 7390 Rosanna Street Northside Park Tennis Court Complex and designated as Bid for 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, Form 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 for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in 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 Proposed Su~contractor 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 SUbject. ~ (previous Editions Obsolete J - 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 received 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 invi tes the following bide s): (All Lump Sum Amounts) A. Base Bid - For all work as shown and specified, exclude the Additive Alternates. B. Additive Alternate Bids 1, 2 and 3 - Lump Sum for each alternate. A qualified bid must include all information requested in the Bid Pro- posal, including the Base Bid, Alternate Bids and List of Proposed Subcontractors. Qllal.i.fica;t ions ,of ,Bidde.r'.., . J' ..,. '-'." 6. ... ._~ .. .1 I' .",,;! J~t,...~ ..,"~-. ..:...~... '~.,.... 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 demand 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 security deposited with 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 wi thin 90 consecutive calendar days ther5~ftecf' Bidder must agree also to pay as liquidated damages, the sum of $ .0 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 methods or means as will not cause any interruption of or interference with the work 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. tve't~ requEls't;~or suth :.idt'er)ireta:'t}c1n Sh:OuI'd?tii hf: fwrftli'h'g'. ilddres:s:e'd to ~ =1 J ': .: _'",'-; f~._"" '_~ .11f~ Royston, Hanamoto, Beck & Abey at 50- Green Street, S. F c~ lif Q4111 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 with 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 any obligation under his bid 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 contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized ~urety company satisfactory to the Owner. 13. Power of Attorney Attorneys-in-fact who sign bid bonds or contract bonds must file with Each bond a certified and effectively dated copy of their power of attorney. - 4 - 1.4. 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 testing of materials. (b) Insurance requirements. (e) Wage rates. (d) Stated allowances. 15. Laws and Regulations The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules an~ regulations o~ all authorities having J . \ ~... "'.... "0 - -. o' ,,_ .. __ .. jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the cbntract the same as though herein written out in full. ~16. Method of Award - Lowest Qualified Bidder The Owner reserves the right to reject any or all bids. The Owner reserves the right to award the Contract on the lowest base bid or on the lowest com- bined bids (includes the base bid and anyone or more of the additive alternate) which would be in the best interest of the Owner. 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 thoroughly 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. U.S. GOYERNMENT PRINTING OFFICE: 19170-272-540 . ~" '. HUD-4238-n (Psge 5) :". "5- ( 18. , Preconstruct ion nference RelDt!n fAus1 f:mplovr.~~nt OJ!Qortunitv: ff!r~ative ^ction or Executive Order 11246, as amended, (Equal Ecployment Opportunity) requires that a prime contractor or subcontractor who siGns a contract on a Fed~r- ally assisted construction project aSBUm2B the obligation to take whatever affirmative actions are neccgsary to Bssure an equal emplo~nent opportun- ity in all aspects of employment, irrespective of race, color, religion, .ex or nationsl orig1n. All construction contractors and subcontractors covered by the Executive Order 11246. as amended, are required to take affirmative action toward employment opportunity. r, ,All construction ~ontractors and subcontractors covered by the Executive Order 11246. 83 amended, are required to take affirmative nction tO~lard employment opportunity. c. Within ten (10) days after notification of contract avard, th:! fiuccessful 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. Subcontr~ctors shall include, but not be limited to. major items of work 6uch as heating, electrical, plumbing and so forth. The pur- pose of tbe Preconstruction Conference is to discuss, among other concicl~ra- tlons. the responsibilities of the successful bidder l!nd his flubcontr~ctor6 under E~ecutive Order 11246, and the requirement for a written Affirmative Action Program, if required, from the successful bidder ~md subcontractor. . .. Each successful bidder is hereby advised that a prepared Affir~~tive Action '. Program, in ~ritinR, will be required within 15 days after the prcconstruc- .tioa Conference under the following conditions: <a) Where tbe prime contracts are of $100,000 or more on projects C08tinB $1 million or more; (b) where the subcontracts are of $100,000 or more on projects costing $1 million or core, where such subcontractors: (1) will employ the higher paid trades (such as plumbers, electriciana, or iron-workers), and (2) the higher paid trades locally have little or no minority croup 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. u 19. Affirmative action plans must contain the following inforc~tion: <a> An analysis of all major job classifications at the facility,' vith explanations as to why minorities may concurrently be under- utilized in anyone or core job clas.e.. "Under-utilization" is ~efined as having fewer minorities in a particular job class I. \ .. c o '. HUD-4238-B (PAge 6) -6- ~han 'their cval1Dbility' in tha community; (b) Goals eod targets and 8ffirm~tive action cocmit~nt~ designed to relieve any deficicncie8 identified by the company. Such goals and targets should be in tcr~s of specific numbers, by jobs or job classes having similar content, wage rates and oppor- tunities, with speclfic tiroetDb1cs for achievement. In estab- lishments with over 1,000 employees, goals and targets msy be presented by department; (c) Support data for above analysis and program. Such data should include progression line charts, seniority rooters, applicant flow data, and applicant rejection ratios, indicating minority ,status. 20. Instructions for Contracts Regarding Affirmative Action Under Executive ,Order 11246. . .... . (See Attaclulent "An HUD-g07) . .. i::. .. ~: .;~ - ..... .... : -.-. ," -.:...:... -'.. , . \ .", ';~. . .-"..... ~ . ..... ~."..., .. :.~ -'~ ;. .. . - ... . .. '. : ;r..' . ':~;: .- ~ . . . ."...... "0 &;....:... - . : ~ : r :- ;. ';... 1 t . :-.;:: ,;;. t. ~: . . . .-. .. ~;'::..-~ ~. '. . .' .:'". .. i ~.. # ... :-J .." ~ ~ ~ .:' -~.' .. "_ -: p;".'l ~~ ... ~. , ,. -, . , ':,-: .: . ::t.: ;. -: . : -:. t.~.. .' , '..' f ...'. , . '. - -: ~.... ~, , -. :: . - l' ~:-; .." . . ' : .~: ~ . . , ] ~ 7i '.' .. : ~~ . . . . : ~~. . ) .:!)'~. .' , . .. -.. .,:,...:. . ~@~Rwr;Th) FES 7 1972 U.S. DEP AR T!vlENT OF LABOR OrneB OF 'THB SUCRBTAJl.Y ~ASHINGTON JAJ, 2 7 19r2 u. s. DEPARTMENT OF LABOR Office of Federal Contract Compliance" SAN FRANCISCO. CAUF. . ORDER ~ /'.,' ".. FROM: . . .'"". r, r" ' . HEADS OF ALL AGENCIES H /. .1-"~- ,I James D. HOdgSOn~/Icri7f~u-" 6th. . ~retary of Labor ~~~--U "yrL/L ~t1f~'-'d ?~-unewald Ass~stant Secretary for Employment Standa TO: John L. Wilks Director, Offic Contra ompliance SUBJECT: Bid Conditions Setting Forth Affirmative Action Requirements for All Non-Exempt Federal and Federally-As s isted Construction Contracts to be Awarded in Santa Clara County, California Effective immediately, the attached Bid Conditions setting forth affirmative action and equal employment opportunity requirements are' to be included in all bid documents for use in connection with non-exempt Federal and Federally-as s isted construction contracts in Santa Clara County, California. Full com.pliance with these Bid Conditions will satisfy the requirements of Executive Order 11246. All bidders must comply with the provisions of the Santa Clara Plan incorporated in Part I of the Bid Conditions or the affirmative , action program set forth in Part II of the Bid Conditions, to be considered responsive bidders and hence eligible for the award of non-exempt Federal and Federally-assisted construction contracts in Santa CI3:ra County, California covered by the attached Bid Conditions. This latter affirmative action program specifies and requires, among other things J that 'bidder s adopt and submit as their own, specific goals of minority manpower utilization for . .., -2- ~ .. . employment and training which fall at least within the ranges set forth in the Bid Conditions for the applicable calendar year. Those ranges specified in Part II have been developed upon the findings . made and the negotiated goals established by the parties to the Santa Clara Plan. i Inquiries concerning the operation and effect of the attached Bid Conditions should be transmitted to Mr. John L. Wilks, Director, Office of Federal Contract Compliance. This Order is issued pursuant to Executive Order 11246, 3 C. F. R. 402 and 41 C. F. R. 60. Attachment ", .. .. . . BID CONDITIONS AFFIRMATIVE ACTION R!QUIREMENTS . / EQUAL E~WLOYMENT OPPORTUNITY For all non-exempt Federal and Federally-Assisted Construction Contracts to be Awarded in Santa Clara County, California Part I: The provisions of thie Part I apply to bidders, contractors and subcontractors with respect to those construction trades for which they are parties to collective bargaining agreements with a labor organi- zation or organizations and who together with such labor organizations have agreed to the Santa Clara Affirmative Action Plan, for equal employment opportunity (but only as to those trades as to which --, there are commitments by labor organizations to specific goals of minority manpower utilization) together with all implementing . agreements that have been or may hereafter be developed pursuant thereto, all of which documents are incorporated herein by reference and are hereinafter cumulatively referred to as the Santa Clara Plan. -2- .. .. . Any bidder. contractor or subcontractor using one or more trac;les of constr\lction employees must comply with either Part I l or Part II of these Bid Conditions as to each such trade. Thus, a bidder, contractor or subcontractor may be in compliance with these conditions by its inclusion, with its union, in the Santa Clara Plan as to trade "A", provided there is set forth in the Santa Clara Plan a specific commitment by that union to a goal of minority manpower utilization for such trade "A", thereby meeting the provis ions of this Part I, and by its commitment to Part II in regard to trade "B" in the instance in which it is not included in the Santa Clara' Plan and, therefore, cannot meet the provisions of this Part 1. . To be eligible for award of a contract under Part I of this Invitation for Bids, a bidde,r must execute and submit as part of its .-, bid the following certification, which will be deemed a part of the resulting contract: It GRANITE cor.JSTRUCTION COMPANY certifies that: (Name of Bidder) (a) it intends to use the following listed construction trades in the work under the contract, either itself or through subcontractor's at any tier OfJEl?flTI;UC L:-/J(:fINil325 . 1.:' ""(!1 I Ifl~.. --: T(;;-,e 13 IZ'~ '- [) PE T:Jt'J 1;2 li?lae;.s Cs-me:-NT /}Vl5oNS 'lfIIUTl::7lJ <UJ D PA-,"unl5&7f.J. ' , I (' . . .. 0 .., . -3- " (b) the labor organizations with whom it has collective bargaining agreements who are signatories to the Santa Clara Plan and as to ,-which trades there are set forth in the Santa Clara Plan, spe~ific co:nmitments to goals of mOnority manpower ut' ization are as follows: IC::/VIC:UT / j,<.lS I ;4-AJO u ~c7( f (c) the labor organizations with whom it has collective bargaining agreements who are not signatories to the Santa Clara Plan or who are signatories thereto but with respect to trades for which no specific commitments to goals of minority manpower utilization are set forth in the Santa Clara Plan are as follows: OPE.?'?.f!TlIUG- E;ub//ll~ I -;;;;:rms/cFlJ. il1-/"Jo~(;;,-res .4ItJD I;({)Al Wdbo::::e/t:.5 I (d) the following is a full list of all present construction work or contracts (both Federal and non- Federal) to which it is a party in any capacity in Santa Clara County, California:<,)'cc /JT7/U.,u:./3 It.J-;- ~(5 1-35 ' ~C;;-.f}rr:: of (!A~(;=ORIJI;+, ,7}JISION aF I/rQ-/l-WAy' - EXECUTIVE OFFICE SBS W. BEACH STREET POST O,..,.ICE BOX 900 AREA CODE ....OS 724-1011 GRANITE CONSTRUCTION COMPANY ENGINEERING CONTRACTORS STATE OF CALIFORNIA CONTRACTOR'S LICENSE NO. 89 WATSONVILLE. CALIFORNIA 95076 July 12, 1973 AFFIRMATIVE ACTION PLAN TENNIS COURT COMPLEX - NORTHSIDE PARK H.U.D. PROJECT NO. CALIF. OSD 475 CITY OF GILROY, CALIFORNIA BID CONDITIONS - PART II Granite Construction Company as a member of the Associated General Contractors is signatory to the Santa Clara Plan. It intends to use craftsmen represented by the Operating Engineers, Teamsters, Laborers, Ironworkers, Electricians and Painters Unions either directly or through subcontractors in the performance of the construction work in the event a contract ~s received. It is understood that the above union organizations currently are not signatory to the Santa Clara Plan or we do not have a collective bargaining agreement with the union organization; there- fore, a requirement exists to submit an Affirmative Action Program to be used in connection with said crafts. We submit the following as said program: 1. Goals and Timetables - Minority Manpower Utilization: From 11/1/72 Until 10/31/73 From 11/1/73 Until 10/31/74 12.6% 15.3% . NOTE: The percentages of minority manpower utilization above are expressed in terms of manhours in training and employ- ment as a proportion of the total manhours to be worked by Granite Construction Company's entire work force in that trade for all projects (both federal and nonfedera1) in Santa Clara County, California. 2. Specific Affirmative Action Steps: a. Granite Construction Company will notify co~unity organizations that it has employment opportunities available and shall maintain records of the organizations' responses. b. Granite Construction Company will maintain a file of the names and addresses of each minority worker referred to us and what action ,vas taken with respect to each such referred worker, and if the worker was not employed, the reasons therefor. If such worker was not sent to !h? union hiring hall for referrals, our file shall document this and tIe reasons therefor. c. Granite Construction ComDanv will promptly notify the authorized representatives of the City of Gilroy when the union or unions with whom Granite Construction Comp~ny has a collective bargaining agreement has not referred to Granite Construction Company or Granite Construction Company has other information that the union ref~rral process had impeded it in its efforts to meet its goal. .. d. Granite Construction Company will participate in training programs in the area, especially those funded by the Department of Labor. e. Granite Construction Company will disseminate its EEO policy within its own organization by including it in any policy manual; by dissemination to all employees once a year; by conducting staff employee and union representatives' meetings to explain and discuss the policy; by posting of the policy and by specific review of the policy with minority employees. f. ' Granite Construction Company will disseminate its EEO policy externally by informing and discussing it with all recruitment sources; by advertising in news media, specifically including minority news media; and by notifying and discussing it with all subcontractors and suppliers. g. Granite Construction Company will make specific and constant personal (both written and oral) recruitment efforts directed at all minority organizations, schools with minority students, minority recruitment organizations and minority training organizations, within Granite Construction Company's recruitment areas. h. Granite Construction Company will make specific efforts to encourage present minority employees to recruit their friends and relatives. i. Granite Construction Company will validate all man speCifications, selection requirements, tests, etc. -2- j. Granite Construction Company will make every effort to promote after-school, summer and vacation employment to minority youth. k. Granite Construction Company will develop on-the- job training opportunities and participate, and assist in any association or employer-group training programs relevant to Granite Construction Company's employee needs consistent with its obliga- tions. 1. Granite Construction Company will continually inventory and evaluate all minority personnel for promotion opportunities and encourage minority employees to seek such opportunities. m. Granite Construction Company will make sure that seniority practices, job classifications, etc., do not have a discriminatory effect. n. Granite Construction Company will make certain that all facilities and company activities are nonsegregated. o. Granite Construction Company will continually monitor all personnel activities to ensure that its EEO policy is being carried out. p. Granite Construction Company will solicit bids for subcontracts from available minority subcontractors engaged in the trades covered by these Bid Conditions, including circulation to minority contractor associations. 3. Granite Construction Company agrees to inform our sub- contractors of their respective obligations of the terms and requirements of the bid conditions required by the contract specifications including the provisions relating to Goals and Timetables, employment and training 4. No subcontract will be executed until an authorized representative of the City_of Gilroy has determined in ,rriting that an Affirmative Action Plan as applicable has been incorporated in such subcontract regardless of tier. GRANITE CONSTRUCTION COMPANY 1~ By H. B. SCOTT, PRESIDENT - Date '- JULY /1, (Cj7"3 -3- ,,' -4- ~ . The bidder shall cause the following certification to be included in any bid in~itations to prospective subcontractors, regardless of whether they are signatories to the Santa Clara Plan and regardles s of tier; and shall caus e the following certification, as executed, to be made a part of all subcontracts, regardles s of tier; 'II certifies that ~, (Name of Subcontractor) it understands the. equal employment opportunity requirements of the Santa Clara Plan regarding equal emp~oyment opportunity in the Santa Clara County, California area construction industry; that it either individually or through an asso- ciation and the labor organizations with whom it has collective bargaining agreements are signatories and agree to comply with the Santa Clara Plan or that it agrees to comply with the requirements of Part II of the Bid Conditions of the project; that in the event the subcontractor is no longer partici- pating in an affirmative action plan acceptable to the Director of the Office of Federal Contract Compliance, including the Santa Clara Plan, the subcontractor will comply with Part II of the Bid Conditions; that it shall require the execution of this certification by any of its subcontractors, regardless of tier; and that this certification shall be a part of any subcontract. (~ignature of authorized representative of subcontractor. )" In order to ensure that the said subcontractor certification becomes a part of all subcontracts under the pr ime contract of a pr ime contractor with respect to whom tHis Part I is applicable, no ~ - 5- · subcontract shall be executed until an authorized representative of the (agency) has .determined, in wr iting, I that the said certification has been incorporated in such subcontract, regardless of tier. Any subcontract executed without such written approval shall be void. Part II: A. Coverage. The provision of this Part II shall be applicable to t~lOs e bidders, contractors and subcontractor s, who, in regard to those construction trades: 1. Are not or hereafter cease to be signatories to the Santa Clara Plan referred to in Part I hereof; 2. Are signatories to the Santa Clara Plan but are not parties to collective bargaining agreements; .., 3. Are signatories to the Santa Clara Plan but are parties to collective bargaining agreements with labor organizations who are not or hereafter cease to be signatories to the Santa Clara Plan; 4. Are s.ignatories to the Santa Clara Plan but as to which no specific cOf!lmitment to goals of minority manpower utilization by labor organization have been executed pursuant to the Santa Clara Plan; or . -6-. " . 5. Are no longer participating in an affirmative action plan acceptable to the Director. OFCC. including the Santa Clara Plan. I , B. Requirement - - An Affirmative Action Plan. The bidders, contractors. and subcontractors described in paragraphs I through 5 above will not be eligible for award of a contract under this Invitation for Bids, unless such bidder has submitted as part of its bid, and has had approved by the (agency) a wr itten affirmative actio'Ii plan, embodying both (1) goals and timetables of . 't t'l' t' I / mmon y manpower u 1 lza lOn, - and (2) specific affirmative action ste.ps directed at increasing minority manpower utilization by means of aI;>plying good faith efforts to carrying out such ~teps or is deemed .., to have submitted such a program pursuant to Section 3 of this Part II. Both the goals and timetables I and the affirmative action steps must meet the requirements of this Part II as set forth below for all trades which are to be utilized on the project, whether subcontracted or not. ~/ "Minority~' is defined as including Negroes I Spanish Surnamed Alnericans. Orientals and American Indians. ,. ~7- . 1. Go~ls and Timetables. This plan must set forth goals / of minority manpower utilization for the bidder and all contractors and subcontractors for those trades not otherwise bound by the provisions of Part I her:eof in terms of manhours I within at least the following ranges. for the following time periods, for each trade which will be used on the project upon which the bidder is bidding, within Santa Clara County. The ranges for all trades to be utilized on the project shall be as follows:, U ot il 10 /3 1/7 1 6.3% 9.9% From 10/31/71 until 10/31/72 9. 9% 12.6% From 11/1/72 until 10/31/73 12.6% 15. 3% From 11/1/73 until 10/31/74 15.3% 18.0% From 11 / 1 /74 until 10 / 3 1 /7 5 18.0% 21.7% 'In the event that under a contract which is subject to these Bid Conditions any work is performed in a year later than the latest year for which acceptable ranges of minority manpower utilization have been determined herein, the ranges for 1975 shall be applicable to such work. . .. -8- .. .. . The percentages of minority manpower utilization above are expressed in.terms of manhours of training and employment as a proportion of the total manhours to be worked by the bidder IS, I contractor I sand subcontractor's -entire work force in that trade on all projects (both Federal and non- Federal) in Santa Clara County. California, during the performance of its contract or subcontract. The manhours for minority work and training must be substantially uniform throughout the length of the contract on all projects and for each of the trades. Further, the trans fer of minor ity employees or trainees from employer -to- employer or from project-to-project for the sole purpose of meeting the contractor I S or subcontractor I s goal shall be a violation of thes e conditipns. In reaching the goals of minority manpower utilization required of bidders, contractors and subcontractors pursuant to this Part II, every effort shall be made to find and employ qualified journeymen. However, where minority journeymen are not available, minority trainees in pre-apprenticeship, apprenticeship, journeyman training or other training programs may be used. - 9- .. . In order that the nonworking training hours of trainees may be . counted in meeting the goal, such trainees must be employed by the contractor during the training period. the contractor must have made a commitment to employ the trainees at the completion of their training and the trainees must be trained pursuant to established training programs which must be the equivalent of the Training Programs provided for in Article V of the Santa Clara Plan with respect to the nature, extent and duration of training offered. A contractor or subcontractor shall be deemed to be in compliance with the terms of requirements of this Part II by the employment and training of minorities in the appropriate percentage of his aggregate work force in Santa Clara County. .., California, for each trade for which it is committed to a goal .under this Part II. However, no contractor or subcontractor shall be found to be in noncompliance solely on ac count of its failure to meet its goals within its timetables, but such contractor shall be given the opportunity to demonstrate that it has instituted all of the' specific affirmative action steps specified in this Part II and has made every i " . -10- .. . good faith effort to make these steps work toward the attainment of its goal within its timetable s, all to the purpos e of expanding minority manpower utilization on all its, projects in Santa Clara County, California. In all cas es, the compliance of a bidder, contractor or subcontractor will be determined in accordance with its respective obligations under the terms of these Bid Conditions. Therefore, contractors or subcontractors who are governed by the provisions of this Part II shall be subject to the requirements of that part regardles s of the obligations of its prime contractor or lower tier subcontractors. All bidders and all contractors and subcontractors performing or to perform work on projects subject to these Bid Conditions hereby agree to inform their subcontractors of their respective obligations under the terms and requirements of these Bid Conditions, including the provis ions re lating to goals of minority employment and training. 2. Specific Affirmative Action Steps. The plans for the bidders. contractors and subcontractors must set forth specific affirmative action steps directed at increasing minority manpower i .' . -H~ '.ltilizati':'n. wh'ich steps must be at least .as extensive and as specific as the following: a. The contraCtor shall notify community organizations that the contractor has employment opportunities available and shall maintain records of the 'organizations I response. b. The contractor shall" maintain a file of the names and addresses of each minority wOl:ker referred to him and what action was taken with respect to each such referred worker, and if the worker was not employed, the reasons therefor. If such worker was not sent to the union hiring hall for referral or if such worker was not employed by the contractor I the contractor I s file should document this and the-'reasons therefor. I c. The contractor shall promptly notify the (agency) when the union or unions with whom tpe contractor has a collective bargaining agreement has not referred to the contractor a minor ity worker sent by the contractor or the contractor has other information that the union referral process has impeded him in his efforts to meet his goal. -12- - . d. The contractor shall participate in trainingr-rograms in the area, especially those funded by the Department of Labor. e. The contractor shall disseminate his EEO policy within / his own organization by including it in any policy manual; by publicizing it in company newspapers, annual report. etc.; by conducting staff, employee and union repres entatives I meetings t~ explain and dis cus s the policy; by posting of the policy; and by specific review of the policy with minority employees. t. The contractor shall disseminate his EEO policy externally by informing and discussing it with all recruitm.ent sources; by advertising in news media, specifically including minority news media; and by notifyin~ and discussing it with all subcontractors and suppliers. ~, , g. The contractor shall make specific and constant personal (both written and oral) recruitment efforts directed at . all minority organizations, schools with minority students, minority recruitment organizations and minority training organizations, within the contractor I s recruitment area. .. '. . . -13- .. . h. The contractor shall make specific eiforts to encourage present minority employees to recruit their friends and relatives. . i. The contractor sha 11 validate all man specifications · I selection requirements. tests. etc. J. The cO:1tractor ~113.11 m.ake every effort to provide after scheul sun1Iner and v.:lcat 1011 crnployment to luinority youths. k. The contractor shall develop on-the- job training opportunities and particip<i.tc and assist in any association or employer- group trab1ing programs relevant to the contractor 1 s employee needs consistent with its obligations under this Part II. 1. The contractor shall continually inventory and evaluate all minority personnel for p!'omotion opportunities and encourage minority employees to seek such opportunities. -', m. The contractoT shall make sure that seniority practices I job classifications. etc. . do not have a discriminatory effect. n. The contractor shall make certain that all facilities and cornpany activities arc. non-segregated. o. The contractor shall continually monitor all personnel activities to ensure that his EEO policy is being carried out. . -14- ~ . p. The contractor shill solicit bids for subcontracts from available minority subcontr"ctors engaged in t~e trade., c()vercdby these Bid Cohditio,,';, including circul~tion of minnrity cor:tractor associations. " 3. Contractors and Subcor.~ractors Deemed to be Bound by Part II. In the event a contractor or subcontra ctor, who is at the time of bidding eligible under Part I of these Bid Conditions, is no longer participating in an affirmative action plan acceptable to the Director of the Office of. Federal Contract Compliance, including the Santa Clara Plan, he shall be deemed to be committed to Part II of these Bid Conditions. Further, whenever a contractor or subcontractor, who at the time of bidding is eligible under Part II of thes e Bid Conditions, uses t!ades not contemplated at the time he submits his bid, he shall be committed to Part II for thos e trades. "\\-11enever a contractor or subcontractor is seemed to be committed to Part II of these Bid Conditions, he shall be considered to be committed to a manpower utilization goal of the minimum percentage range for that trade for the appropriate year.- 4. Subs equent Signatory to the Santa Clara Plan. Any contractor or subcontractor subject to the requirements of this Part II for any trade at the time of the submission of its bid who together with the J -15- .' . labor organization with \vhom. it has a collective bargaining agreelnent subsequently becomes a signat.ory to the Santa Clara Plan either individual,ly or through an association, may meet its requirements / under these Bid Conditions [br such trade, if such contractor or subcontractor executes and submits the appropriate certification required by Part I of these Bid Conditions. No contractor or sub- contractor shall be deemed to be subject to the requirements of Part I until such certification is executed and submitted. 5. Non-discrimination. In no event may a contractor or sub- contractor utilize the goals, tiInetables or affirmative action steps required by this Part II in such a manner as to cause or result in discrimination against any person on account of race, color, religion, sex or national origin. 6. '-', Contractors and Subcontractors Bound. The affirmative action plan required by Part II shall be deemed a part of the resulting contract . . specifications. A successful bidder as to whom Part II is applicable shall cause the affirmative action plan, as established and approved, to be a part of all subcontracts. where neces sary I regardles s of tier. under his contract. No subcontract sha,ll be executed until an authorized . -16. - . representative of the (agency) has determined, in writing, that such subcontractor has executed the certification required by Part I he.reof, or that the affirmative action plan required by Part II, as applicable, has been incorporated into such subcontract, regardless of tier. Any subcontract executed without such written approval shall be void. Part III: Materiality and Responsiveness. Any equal employment opportunity submission required to be made by the prospective contractor pursuant either to Part I or Part II of these Bid Conditions which is material and which will govern the contractor I s performance on the project shall be made a part of his bid. Failure to submit a Part I certification or a Part II affirmative action plan, as applicable. will render the bid nonresponsive. .., Part IV: Compliance and Enforcement. Contractors and subcontractors I are responsible for informing their subcontractor s (regardles s of tier) as to their respective obligations under these Bid Conditions (as applicable). Bidders, contractors and subcontractors hereby agree to refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who is determined not to be a-"responsible" bidder for, . . -17- .. . Government" contracts and federally-assisted construction contract.s pursuant to the Executive Order. The bidder. contractor or sub- .contractor sh'all carry out such sanctions and penalties for violation of the equal. opportunity clause including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered by the administering agency, the contracting agency or the Office of Federal Contract Compliance pursuant to the Executive Order. Any bidder I contractor or subcontractor who shall fail to carry out such sanctions and penalties shall be deemed to be in noncompliance with these Bid Conditions and Executive Order 11246. i Nothing herein is intended to relieve any contractor or subcontractor during the term of its contract on this project from compliance with Executive Order I i246 and the Equal Employment Opportr.mity c:aus e of its contract. with respect to matters not covered in the Santa Clara Plan or in Fa rt II of thes e Bid Conditions. Violation of any substantial requirement in the Santa Clara Plan'by a contractor or subcontractor covered by Part I of these Bid Conditions; including the failure of such contractor or subcontractor to make a good faith effort to meet its fair share of the trade goals of minority manpower utilization, or of the terms of the Affirmative . Action Plan by a contractor or subcontractor who is covered by . -18- .. . Part II hereof shall be deemed to be in noncompliance by such contractor or subcontractor with the Equal Opportunity Claus e of the contra'ct, and shall be grounds for imposition of the sanctions ;' . and penalties provided at Section 209 (a) of Executive Order 11246. Each agency shall review its contractors' and subcontractors I employment practices during the performance of the contract. If the agency determines that the Santa Clara Plan no longer represents '\ effective affirmative action, it shall notify the Office of Federal Contract Compliance which sh'all be solely responsible for any final determination of that question and the consequences thereof. In regard 'to Part II of these conditions if the contractor or subcontractor meets its goals or if the contractor or subcontractor can demonstrate that it has made every good faith effort to meet J, , those goals, the contractor shall be pres umed to be in compliance with Executive Order 11246, the implementing regulations and its obligations under these Bid Conditions and no formal sanctions or proceedings leading toward sanctions shall be instituted unless the agency otherwise determines that the contractor or subcontractor is not providing equal employment opportunities. In judging whether a contractor or subcontractor has met its goals, the agency will consider each contractor's, or subcontractor's minority manpower . -19- .' . utilization and will not take into cons ideration the minor ity manpower utilization of its subcontractors. Where the agency finds that the contractor' or subcontractor has failed.to comply with the requirements ,- of Executive Order 112.16, the implementing regulations and its obligations under these Bid Conditions, the agency shall take such action and impose such' sanctions as m<lY be appropriate under the Exeent ivc Order and the rcgul..llions. When the agency proceeds with such formal action it has the burden of proving that the contractor has not met the requirements of these Bid Conditions, but the contractor1s failure to meet his goals shall shift to him the requirement to COlne fonvard with evidence to show that he has met the l'good faith" requirements of these Bid Conditions by instituting at least the Specifi,c Affirmative Action Steps listed above and by making every ~, good faith effort to make those steps work toward the attainment of its goals within its timetables. Suth noncompliance by the contractor or subcontrador shall be taken into cons idcration by federal agencies in detern1ining whether such contractor or subcontractor can comply with the requirc1l1ents of Executive Order 11246 and is, therefore, a "responsible prospective contractor" within the meaning of the Federal Procurement Regulations. -20- ., . It shall be no excuse that the union, with which the contractor has a collective ba rgainillb < g reement pr:) '.'lding for c",c Ius ive referral failed to refer minority empl,oyees. The procedures set forth in these .conditions shall not apply to any contract when the head of the contracting or administering agency determines that such contract is essential to the national security and that its award without following such procedures is neces sary to the national security. Upon making s u.ch i1 determination, the agency head will notify, in writing, the Directo::.' of the Office of Federal Contract Compliance within thirty days. Requests for exelnptions from these Bid Conditions must be made in writing, with jus tification,' to the Director, Office of Federal Contr..act Compliance, U. S. Department of Labor, Washington, D. C. , 20210, and shall be forwarded through and with the endorsement of the agency head. / Contractors aD lbcontractors must keep such records and file such reports relating to the provisions of these conditions as shall be required by the contracting or administering agency or the Office of Federal Contract Compliance. For information of bidders, a copy of the Santa Clara Plan may be obtaine? from the contrac~ing officer. u. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-Jl238-C (8-66) BID FOR LUMP SUM CONTRACTS Place lAJIfTJO/U{)(J./....~ (};l-lroIfJJ/t+ , Date 5u 1...-)/ 1.:7: / '1 ? 3 Proj ect No. Calif. OSD 475 Proposal 0 f GRANITE (:flA-.II-==O/,t.,(J I R- (State ) CONSTRUCTION COMPANY (hereinafter call ed "Bidder") (a corporation/ ~ J5#friet~~r~/ rlrf i(ll/r.yVr).l,I~' <W~.rl,g ~YlfW~ if' (STRIKE OUT INAPPLICABLE TERMS) . ) To the City of Gilroy. California (hereinafter called "Owner") Gentlemen: The Bidder, in compliance with your invitation for bids for the construction Northside Park Tennis Court Complex of (. 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 aaterials and labor, hereby proposes to furnish all labor, materials. 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 90 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: ~ / .-.....:..-- .~~ ---------~- - "-_ '_~--.A.- ._l....--....:....-___._~_~*_...,-:. BID PROPOSAL Bidder agrees to perform all of the W) rk described in the Specifications and shown on the plans for the following amounts: BASE BID For the complete' installation, in place, of the Tennis Court Complex, asphalt walk and electrical conduits under the paving for future lighting. "77-:1 /1!!.7Y rw~ rJ-lOI/.:<;J.1ND rML' 1..Jt/N.oJ2EJ~ /JNn ~ / Prt::H3/V' a~/e -S ;.J~"-:> cE.A./TS ($~~216~ ) Additive Alternate 1 For the complete installation, in place, of the handball courts which in- cludes the concrete and A. C. paving. ctLFt..6V 7/-!/.f./<:;/.J/v'/J A.//N~ H'/./A/d-9F/\ 7'1N'19YTL/ SEVe;iV .cx"L~' >'+L.~ C:--L~' T5 Additive Alternate 2 ($ / JCJZ7C?..9 ) For the complete installation, in place, of the Tennis Practice Court paving and stripping. '72//8EF3 ~.u-Y::IN/J E/Ci/+T I-IU/t);;}!2E/) 4/1./ vIV6 LY-Y,L/J.-/25 ^-./L-.-' c~/\/T5' Additive Alternate 3 ($ z::"58C; / <::;':9 ) For the complete installation, in place, of the entire electrical work for the Tennis CoUrt lighting. Does not include the conduit \\Urk included in the Base Bid. e!/4;L,/T 7/~~/2A.//) A.//A/~ ,4L/A//.JPr/) -rW 6'VTy ,c:/G.~ ;(:4:::~[L4/z...> /"/ <::::::' C~ A/ -r ~ A qualified bid must include all information requested in the Bid Pro- posal, including Base Bid, Alternate Bids, and List of Proposed Subcon- tractors. ($~-Z6~) Bidder understand that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Owner reserves the right to award the Contract on the lowest base bid or on the lowest combined bids (includes the base bid and anyone or more of the Additive Alternates) which would be in the best interest of the Owner to accept. BID PROPOSA~ (Continued) The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, Bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by Paragraph 29 of the General Conditions. The Bid Security attached in the sum of r; /J~ PSk!C-EA.JT (5'Cjo) OF I- MotA IUT& D ($ ) is to become the property of the wner in the event the Contract and Bond are not executed within the time above set forth, as liquidated damagef3 for the delay and additional expense to the Owner caused thereby. ResnecfJu1lv Submitted: "GRltNIT..:. CONSTRUCTION COMPANY By I~ (Seal - if bid is by a Corporation) .H. E. SCOTT, PRESlDEN't ~ LIST OF PROPOSED SUDCOj\;TRACTORS Rursuanl to Scctions 4100 to 4108, inclusivc, of the Government Code, Stale of California, listed are various portions of work and the na.mes and business locations of subcont.ractors proposed to perfonn the work or renuer service in or about, the \vork in excess of onc-half of one perc;ent or the bid. Work for which a subcontractor is not listed is presutTIed to be performed by the Bidder. There shall be no substitution of subcontractors nor shall the Bidder assign sublet or transfer any subcontract work without consent of the Owner. Portion of Work NatTIe of Subcontractor \ \ Address of Subcontractor j::;cA/6//VL f ~9/k!.J::Uc/~'4 C:;'vcdNk ;PNCL:; c'C-'_ 5)u/;r/l ~~ SJcvu- ..,J6:5c-:;' 9~^,r, .>>14-/2'7/ A.~ , kCL:3G//Zru~6 /"k/ H L /J-s;O/-I/J--&"I ~c ~ ::;)6UT/.,2 ~A/" 77' u~E6.~' ":'. --i -~ .' 0, , I '. i .'" "-'" . r. U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HVl>-4 238- E ( 2-1i~) (Formerly CFA-238-E) BID BOND Bond No. C 310F!45 KNOW A~~1~rT~Yc'gi~~,~:1~~'T~Tr'c6~'~;A~ey. the undersigned, A CALIFORNIA CORPORATION as Principal, and PACIFIC INDEMNITY COMPANY A CALIFORNIA CORPORATION and firmly bound unt.o C/Tf.I &F C/f.-t<..OL/ / in the penal sum of /-::;Uc 1l~f((,J:::;UT (5<10) 6F as surety, are hereby held as owner - / UTA-I- /)/11 OCA."v T t5r LJ for the payment of which, well and truly to be made, we hereby jointly and sever- ally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this / :)Tfr day 0 f ~f-7' , 19123. The condition of the above obligation is such that whereas the Principal has submitted to f.-J T LI 1 ()F &, t-(Co 'I a certain Bid, attached for the hereto and hereby Co/us Ire u. C-"lJ N !~K. made a part hereof to enter Into a contract in writi~g. or- / E:IJ A)IJ Co/peT CO/1?PLG Y ;f)oRTIfS (/)(3' tlT(j / IllI j). ~() C,/..teo; , jEC~ ;Uo. (,LJ.h.IF. OSb 1f?5 I dF C /r/... IF 61Z tU 1""-- NOW, THEREFOR, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the PrincipII shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful per- formance of said contract, and for the payment of all persons performing labor or furnishing materials in connection tberewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwis~ the same shall remain in force and ef- fect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereDnder shall, in no event, exceed the penal amount of this ob- ligation as herein stated. \ (- . The Surety, for value received. hereby stipulates and agrees that the Obligations 'of s~idSurety and its bond shall be in no ,way impai red or affected by any extension uf the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the PrinCipal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers. the day and year first set forth above. SEAL ! .. " '. .; GRAN:TE. CONSTRUCTION COMPANY BY: i~ Prine ipal li. E. SCOTT, Pl:tE.SIDEI~rr PACIFIC INDEMNITY COMPANY S.r~t1 By: J~~l, Fern Stroh, Attorney-in-Fact tJ \ \ (L.S.) GPO 927.882 r STATE OF CALIFORNIA, } Santa Cruz A. County of ....___.......____mm_._______________________________.. . 12th Julv 73 Winona cT. Skocko On thISm.__..._________._______________ day of.m..m___m___...~_________...._...m_ 19._______, before me, ____.__...m__...____'._____m____.mm____________.____...m__._____...._.....m_____"'_'m a Notary Public in and for said County and State, residing therei n duly commissioned and sworn, personally appeared________oh._mmm __o____m._____._________.________m_____.'_...._________h...__.._fl?'~m_~.~_gQt!____...__...___..__.__ ..___h._'......._______........___h......______'__'h.___.._____._____....______________.________mmh_m__m..______ known to me to be the duly authorized Attorney-in-Fact of PACIFIC INDEMNITY COM- PANY, and the same person whose name is subscribed to the within instrument and he (she) acknowledged to me that he (she) subscribed his (her) own name as the Attorney-in-Fact for and on behalf of PACIFIC INDEMNITY COMPANY, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above writt en. ~~ I ~ 12: i ~ t: I ~ Ii Ii J J ~ ~ II! t! jj;:: ~:= r ~ ~ ~ :-:1: ~ e!;l ~; ~:! ~ J ~ ~ ~ ~ f ~ ~ r, ~ ~.Ii: j;: l? ::~ E ()FFlt':lf-\!. <:Ef\L r~ ~ VV!f\JClf'J.,L\ J. :';:\i.)'~:I<O ~ ~ /::~~;,~';;~f::';\!:~l0~::;r';,ii;!R::~Y2~:~~ ~~ :: Niy Commission ExpireS ~"~2Y 11, 197/ r~ ~! 1 ~ i, ~ ~ ~ ~ i' ~ ~:: ~ 1 ~ 0:::.:;;;'; ~ J J ~.~ ~!lac 2 ~ ~.~ iJ:i;; ~; ~.: .~. ~ ~!':;.j ~t: it Ii" 2.'i:l iU / ,//) )/ . --,,/....-:-::...--~.'_..."'_A..........<__:h."'_'m__~._.__c..,_::-:::;(:dm~_~"._':_m6~_.<.:!h__._____...__._.m_ Notary Public in and fOL_omm~_~~_~,~____s:_E_::~_.___"__ County, State of California Form GlOOO Rev. F (568) m Pf,~IFIG ltW~f.',mY CCMPl.f~Y HOME OrFIC[' LOS ANGf-:LES. CALIFORNIA o TEXAS PACiFiG If-(DEMlilT\' Cmr.r';f~Y HOME OFFICE: DALLAS. TEXAS .. [J HGRTHWESTEi:t-i PACIFIC INDEMNITY COMPANY HOME OFFICE:: POR1-LAND, OREGON Power of P,tforn€'y KNOW ALL MEN BY THESE PRESENTS, that the..... F'A.C;::I.F.rC;::.JNP.~MJiJT.X...~9.M.:P.A)\{i'............uu.u.. ' (1 S f Cal Hornia b th 't fIt' d t d b 't B d f a corporatlOn o. t 1e tate o...u......;..............................., y au on y 0 a..,rGso u IOn a op e 6' 1 soar 0 Directors at a meeting coiled and held on the........?~:11 ..............day oL.J'.?~.:.~~.:.Y.......__, 19.~....., which said resolution is still in full force and effect and of which the following is a true and complete copy: "RESOLVED, thai the President or any Vice.President may from time to time appoint Resident Vice.Presidents, Resident Assistant SE>cretaries and A lfomC!ys.in.F'acl to represent and act for and on behalf of the Company, and either the President. or any Vice.President. the Boord 01 Directors or the ExeC'Utive Committee may at any time remove any such Resident Vice.President or Resident Assistant Secl8turies and Attorneys.in.Fact and revoke thE> power and authority given him; and be it further "RESOLVED, that Attorneys.in.Fact may bC' given full power and authority to execute for and in the name and on behalf of the Company, any and all bonds, recognizances, contracts of Indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking, and any such instrument executed by any such Attorney.in,Fact shall be as binding upon the Company as il signed by the President and sealed and attested by the S8cretary; and be it further "RESOLVED, that the Attorneys.in.Fact are hereby authorize d to veril; any affidavit required to be attached to bonds, recog. nizances or contracts oi indemnity, policies of insurance and all other writings obligatory In the nature thereof." does hereby make, constitute and appoint FERN STROH its true and lawful Attorney-in-Fact, with full power and authority to make, execute and deliver, for it, in its name and in its behalf, as surety any ~nd all bonds and undertakings of suretyship. (This Power of Attorney supersedes all Powers of Attorney-formerly issued to Fern Str9h) And the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the said Corporation, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the said Corporation in their own proper persons. IN WITNESS WHEREOF, the .__...__..~A. g~!'J..gJ~P?!.M.~~.T Y....g9M.~A.NY..____...____..______.u..... __.m__m__.... has caused these presents to be signed by its Vice-President and itz corporate seal to be hereto affixed, duly attested by its Assistant Secretary, this__.5th.____. day oL.--.--m----.3une..__m..n.m.m.____.n. A.D. 19 --6.9m__. A Hest: __ on __~n M ~.~ y.~.~~__s:.? ~ !?~E~__u..n __'n.__ ___..... __.. on... Assislant Secretary. By......n......!~...y!~....~~.y..~~.::.~L..!..:..~.n......... ...__ U''''n'''''' Vlce.President. STATE OF CALIFORNIA, COUNTY OF LOS ANGELES f ss.: 5th June 69 On thls....n.mm...............nnn.n......__.day oL.....m.n.........n.m.nn...n....n..u.nuu.....m...mu.....mu..n.u......uA. D. 19........, before me personally came .............;r.~.....W.~..nM.?-.YE.?_.E.9:!..u.r!..~nn............unmm.....n..um.un.....nm.n.u...u..um......m.uu...m.......nn.....nm.lo me known, who, being by me duly sworn, did depose and say, that 'he resides in the City of Los Angeles, California; thai he is the Vice-President of them..nP~.~Jft~u...n.nn... ........ ~:r2~. ~ ~.~ ~Y.. g.? ~p..~ !l:Y............. no...................................................... __....... ___... __. .............. __......... __ __. ... __.............. __"""'" the corporation described in and which executed the above instrument; that he knows the seal of said corporation, that the seal affixed 10 the said instrument is such corporate seal; thall! was so affixed by order of the Board of Direclors of said corporation, and that he signed his name thereto by like order. STATE OF CALIFORNIA, COUNTY OF LOS ANGELES f ss.: nm.A.rJ~g.nn.C......,I?.W;g.y.n.u._......n""".............mu.mu..............n..m.... Notary Public. My commission expires April 10, 1972 (Notarial Seal) I, ..........-- ~.~~. ~y.__ !::.:...?? .~~~. ~.......... .__. __....u..n --.... __.. __....... .___Assistan t Secretary of the... __.... __... ..n.__... __n___.... ..__. --;P.?-.~.iU.~.}:r:;q.~.~J~y___.~.Q~P..~!-l:y.n.__..___..__m__.' do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said,--.....P?:.<;Ui.~__h~qg.mgtty'...C;::gn).l?~:r:;Y..n..._______.........."u which is still in force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of Los Angele~;, lhis----....n....__..12tb..__:......day oL....----.......--...--.__.....J~JY.__.........__.........__....__....___...A. D. 19..3.? Form GIIIO Rev. 830M 866 ,-/2' . C2. +Lcu/U ........... .:.g~.--...............--......... ....................... ........... t:7 (/ fY Assistant Secretary. , \ ,.._,.".'"'t'O'-_"#_-"~_",, 0.......,'.'..... ..'~---~...-.":T....-. r'. \ . , \ \ \ \ ':.:' 1\"'., " 1 [ TENNIS COURT COMPLEX - NORTHSIDE PARK, CITY OF GILROY ADDENDUM # 1 A. DRAWl NGS Item # 1. Sheet Ll. Detail I/Ll. a. Change the 1 1/211 A.C. level ing course to 211 A.C. level ing course. b. Change the 3/411 surface course to 111 surface course. B. SPECIFICATIONS Item # 1. Division 7 Tennis Courts. a. Paragraph 7 Surface course--Delete the entire paragraph and sub- stitute the following: 7. Surface Course -- A surface level ing course of 111 thickness shall be constructed on the completed asphalt concrete base. A. Surface courSe aggregate shall be stone screenings and plaster sand. Stone screenings shall be clean, sound gravel or crushed stone graded as follows: Passing 3/811 screen - 100% Passing 1/411 screen 30-70% Passing # 10 sieve 0-2% Plaster sand shall be clean, free from silt or clay and graded as follows: Passing # 10 sieve 100% Passing # 40 sieve 40-70% Passing # 80 sieve 10-30% Passing # 200 sieve 0-2% B. The Surfacing mix shall be proportioned as follows: PARTS BY VOLUME MIX FOR 4 Cubic Foot BATCH 3 Stone Screen i ngs 3/811-1/811 4 Plaster Sand 1 Asbestos Aggregate 1 1/3 Tennis Court Emulsion 11 Gals. (1.5 Cubic Foot) 15 Gals. (2.0 Cubic Foot) 3.7 Gals. (0.5 Cubic Foot) 5.2 Gals. C. The mixing shall conform to manufacturer's standards. Suf- ficient water shall be added to obtain a smooth creamy semi- flowing consistency. .- . D. Screed Strips shall be 1" in height and shall be placed so , that they shall not be over joints in the base course. They shall be accurately set to grade. E. The mix shall be placed, struck off, and rolled and smoothed. -r I I TENNIS COURT COMPLEX- NORTHSI~E PARK, CITY OF GILROY--ADDENDUr)1 # 1, PAGE 2. F. The finished surface course shall not vary more than 1/811 as measured with a 10 ft. straight-edge. Any minor depression or damage areas shall be filled to grade with a mixture pro- portioned as follows: CUBIC FOOT BATCH 2 Gals. Plaster Sand 2 Gals. Carpet Coat surfacer 1/8 Gal. Tennis Court Emulsion SS-2H G. The surface course shall be thoroughly dry, set, and clean before applying further courses. HUD-4238-F (6-661 CONTRACT TIllS AGREEMENT, made this day of , 19-,hy and between , herein called "Owner," acting (Corporate Name of Owner) herein through its ,and (Title of Authorized Official) STRIKE OUT INAPPLICABLE TERMS (a corporation) (a partnership) (an individual doing business as ) of , Count)' of , and Stale of 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 O\VNER to commence and complele the construction describcd as follows: hereinafter called lhc project, for the sum of Dollars (S ) 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, insurancc, and other accessories and services necessary to com- plete lhe said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Sup- plemental Gencral'Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue prints, and othcr drawings and printed or written explanatory matter thereof, the specifications and contract documents therefor as prepared by , 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 011 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::; for each consecu- tive, calcndar day thereafter as hereinafter provided in Paragraph 19 of the Generdl Conditions. The OWNER agrees to pay the CONTIV\CTOR in current funds for the performance of the contract, suLject to additions and deductions, as provided in the General Conditions of thc Contract, and to make payments on account thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions. td ' , IN WITNESS WHEREOF, the partirs to these presents have executed tliis contract in six (6) counterparts, each of which shall he decmed an oribrinal, in the y<~ar and day first above mcntioned. (Seal) A TrEST: (Owner) By (Secretary) (Title) (Witness) (Seal) (Contractor) By (Secretary) (Title) (Witness) (Address Bnd Zip Code) NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. HUD-42J8.F 16-661 GP 0 869.380 '" ' \ PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we. (Name of Contractor) a (Corporation. Partenhip, or Individual) hereinafter called II Principal" and (SuretJ) of , State of hereinafter . ~". ~: ;~ caUed the "Surety". are held and firmly bound into. (Owner) of , hereinafter (City and State) '-I, called "Owner", in the penal sum of .. \_ " ~ , ": . ": 'l' ~ - . ..-. .-'." .. h,' If Dollars ($' to be made, we firmly by these ) in lawful money of the United States, for the payment of which sum well and truly bind ourselves, our heirs, e xecu tors, adminis trators andsllccessors, jOinliy and se verally , presents. ,.,......' . .~. >-:':' ;-.";' : THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of . 19_, a copy of which is hereto attached and made a part hereof for the construction of: ,";. .". ~ .~;:: I". ~ t.;. ., I,;, ':. I. .~r_.'. ~4::""~' .. :..;j:'.~~: NOW, THEREFORE, if the Principal shall well, truly and faithfullJ perform its duties, all the under- takings, covenants, terms, conditions, and agreements of said contract dlHing the originat: term thereof, and any extensions thereof which may be granted by the Owner, with or withO'Jt notice to the Surety. and if he shall satisfy all claims and demands incurred under suctr contract, and silall 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 the Owner mar incur in making good any default, then this obligation shall be void; otherwise to remain in full force and eHect. 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 contact' 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"'238.H (11.67) Previous editions are obsolete .,..... l' , .~ \ .. PROVIDED, F;URTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficia"ry 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 lhe day of " 19__ ATTEST: Principal (Principal) Secretary ( SEAL) By (8) (Addreas.-Zip Code) Witne... BS to Principal (Addrea...Zip Code) Surety A TTE8T: By Attomey-In-"-ect (Surety) Secretory (SEAL) (Addft.s.-Zip Code) Witn",.. a. to Surety (Addte....Zip Code) NOTE: Da.le of Bond must not be prior to date of Contract_ If Contraclor is Partnership, all partners should execute bond Gr 0 U5.534 HUo.~238.H (11-67) L ... , PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (Name of Contractor) a (Corporation. Partnership. or Individual) hereinafter called "Principal" and (Surety) of , State of hereinafter called the "Surety", are held and firmly bound unto of (Owner) (CI ty and State) hereinafter called "Owner", in the penal sum of Dollars ($ payment of which sum well executors, administrators presents. ) in lawful money of the Uni ted States, for the and truly to be made, we bind ourselves, our heirs, and successors, jointly and severally, firmly by these THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal en- tered into a certain contract with the Owner, dated the day of 19____, .a copy of which is hereto attached and made a part hereof for the con- struction of: 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 wotk, 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. c- 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 specifications. . HUD-4238-! (11-67) Previous Editions are 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 day of 19_, ATTEST: Principal (Principal) S~cr~tary B.) ( S) (SEAL) , (Address-Zip Code) fitneSS as to Principal (Address-Zip Code) Surety ATTEST: (Surety) (SEAL) Secr~tar14 By Attorn~y-in-Fllct ritn~.s /IS to S~r~ty (Address-Zip Code) (Addess-Zip Code) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership. all partners should execute bond HUD-4238-1 (1]-67) U. S. QOlIERNMENT PRINTING OFFICE: usa 0 - 328.490 \ 6'-0" 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 ~laintained in good condition until completion of the project. CITY OF GILROY CALIFORNIA NORTHSIDE PARK TENNIS COURT COMPLEX AIDFD BY $46,000 FEDERAL GRANT OPEN SPACE LAND PROGRAM PROJECT NO. CALIF. OSD 475 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ROYSTON, HANAMOTO, BECK & ABEY Landscape Architects SO Green Street San Francisco NAME OF CONTRACTOR Address Robert C. Stern- Electrical Engineer 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 o,r 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'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 Pay.ment as Release 27. Payments by Contractor 28. Insurance .See alphabetical subject Index at end. HUD-4238S (9-70) Pr.vious .dltion is obsol.'. 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 Inserted 44. Protection of Lives and Health 45. Subcontracts 46. Equal Employment Opportunity 47. Interest of Member of Congress 48. Other Prohibited Interests 49. Use Prior to Owner's Acceptance 50. Photographs 51. Suspensicn of Work 52. Minimum Wages 53. Withholdh.g Payments 54. Payrolls and Payroll Records 55. Apprentices 56. Complial11:e 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 respecthrely 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 drav...ings 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 Setting 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 afores aid. After 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, unles s he notifies the Architect/ Engineer 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 Le'gal 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 conrlitional 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-.(238S (9-70) 7. Inspection.and Testing of Materials (a) All materials and equipment used in the construction of t},e project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory .01' 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. 8. "Or Equal" Clause Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers I or vendors' Il2imes, 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 ",'ill 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 fnr the use of a process which is authorized by the Owner of the project must be reasonc;ble, and paid to the holder of the patent, or his authorized licensee, direct by the Owr..er 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:md 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 the 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' L 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 . I HUD-<4238S (9-70) 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 supplernentalplans 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 limitations of the contract and specifications, a!ld 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 telnporary suspension of work, 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 dan"\aged 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 DepartmeIltof Housing and Urban Develop- ment shall be permitted to inspect all work, materials6 payrolls, records of personnel, invoices of materials, and other relevant data and records. 15. Reports, Records, and Data The Contractor shall submit to theOVvlIer such schedule t3f 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 ~ontr.actor 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 invoh-ed unless he ceases to be on the Contractor's payroll. ' 4 HUO-4238S (9-70) ( 17 Changes in Work No changes in the work covered by the ?pproved Contract Documents shall be made with- out having prior written approval of the Owner. Charges or cr"edits for the work covered by the approved change shall be determined by one or more, or a combination of the fol- lowing methods: . I I , t (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 power 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 tbe 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 mut as liquidated damages for such breach of contract as hereinafter set forth, for each aJId 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 fixirg and ascertaining the actual damages the Owner would in sucheventsustain, and said amoUl'lt 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 specific.ations 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-~238S (9-70) 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 t:me extension are acceptable to the Owner; Provided, further, 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, epidemics, 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 settlement of the contract, notify the Owner, in writing, of the causes of the delay, who shall as ce rtain the facts and extent of the delay and notify the Contractor wi thin areas on- 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 manu- 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 fir-al judge of the quality and suit- ability of the work, materials, processes of manufactx::e, and methods of construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense. Rejected material shall immediately be remo',red from the site. If, in the opinion of the Architect/Engi:;.eer, 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 ContractDocuments, 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 Cor.tractor encounter sub-surface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in tl-.e Specifications, he shall imme- diately give notice to the Architect/Engineer of such conoctions before they are disturbed. The Architect/Engineer will thereupon promptly investig2.te the conditions, and if he finds that they materially differ from those shownonthe Plans cr 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 17 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 charged or extra work is done. When work is performed under the terms of subparagraph l7{t) of the General Conditiont;, the Contractor shall furnish satisfactory bills, payrolls ad 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 st~bcontractors, 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 (9-701 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 imnle- 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 m.ade, the Contractor shall deliver to the Owner an estimated construction progress schedule inforrn satisfactory to the Owner, showing the proposed dates of commencelnent 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 an9. (b) periodic itemized estimates ofwork 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. I ! 25. Payments to Contractor (a) Not later than the 15th day of each calendar month the Owner 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 sha-ll retain ten percent (I 0%) 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 (500/0) 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 relieving the Contractor fr.om 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. (dt Owner's Right to Withhold Certain Amo'lnts 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 clarms 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 ( c 7 HUD-..238S (9-70) . " contract, but in no event shall the prOVISlons 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 by 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 s,hall 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 Payment 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 (900/0) 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 atthe site of the project, and the balance of the cost the reof, not late l' 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 ofthe subcontractor has been so obtained and approved. (a) Compensation 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 toprovide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) Contractor's Public Liability and ProEerty Damage Insurance and Vehicle Liabilitv Insurance: The Contractor sh~ll procure 2nd shall maintain during the life of this con- tract Contractor IS Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. (e) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Ins~rance: The Contractor shall either (1) require each of his subcontractors to pro- cure and to. maintain during the life of his subcontract, Subcantractor's Public Liability and Praperty Damage Insurance and Vehicle Liability Insurance af the type and in the amaunts 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 mar arise from operations under 8 HUD-4238S (9-701 this contract, whether such oper::tic'l1s b,:: by the insured or by <:myone directly or in- directly employed by hirll ,md, also ClgZlinst any elf the special hazards which may be encountered in the perfonnance of this contract as enumerated in the Supplemental General Conditions. ' . (e) Builder's Ri sk II~!'2'!.Ian<:~JXi~e_.a.l1d E_x:te!"l.c1ed_.cov~E~g~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 Owner, the Contractor, subcontractors as their interests may appear, The Contractor shall riot 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 Carriageof Insurance: The Contractor shall furnish the Owner with certificates showing the type~mour~r;'.crass of operations covered, effective dates and date of ex- piration of policies, Such certificates shall also contain substantially 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 in an amount at least equal to one hundred percent (100'70) 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 (l 00%) of the contract price or in a penal sum not less than that prescribed by State, territorial or local law, as security for the paym.ent of all persons perforn1ing labor on the project U11der this contract and furnishing materials in connection with this contract, The performance bond and the payment b'ond 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 Payment Bonds, the Contractor shall within five (5) days after notice from the Ovmer 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 deemed 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 assigil 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 as signee 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. If such other Contractor or subcontractor shall assel't 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. 9 HUD-4238S (9-70) .----~--,. .. 33. Separate Contract The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement 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 i'mmediately 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 statement cO:'lcerning the proposed award to the subco::1trac.tor, which statement shall contain such information 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 atts and omissions of persons directly employed by him. (d) The Contractor shall cause app~opriate provisions to be inserted in all subcontr2.cts relative to the work to bind subcontractors to the Contractor by the terms 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 questions 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 expressly 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 manner 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 ContrCl.c- tor under this contract and other Contractors performing work for the Owner shall be adjusted and determined by the Architect/Engineer. 36~ Stated Allowances c 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'bestbidofatleastthreecompetitivebids. !fthe actual price for purchasing the "Allowed Materials" is more or less than the "Cash Allow- ance, II 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. 10 HUD-..238S (9-70) \. ) } ) 37. Use of Premises and Hernoval of Dc~lJrls The Contract expressly undertakes at his own expense: (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 material, 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 desirable 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 r,easonable 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. 11 HUD-~238S (9-701 \ 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 deem.ed 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 rcqui ring medical attention or causing loss of time from work, arising out of and in the course of emploYluent on wo:r-k 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 improper construction, maintenance, or operation. 45. Subcontracts The Contractor will insert in any subcontracts the sections 52 through 56 contained herein and such other clq.uses 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 subconL'acts 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 c, 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 employment, 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; recruitment or recruitment advertising; layoff or termination; 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' 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 nlay be declared ineligible for further Government contracts or Federally-assisted construction 12 HUD-4238S (9-70) . ,,' I I 'r I i j I I ! i I I I i I \ \ 1 contracts, in accordance with l'Tc,ccclu,"C's ~"lthorized in Executive Order No. 11246 of Septenlber 24, 1965, and such other sanctions rnay 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 niay direct as a means of enforcing such provisions, including sanctions for noncompliance: Providf'd, 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, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material sur)ply 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 perio_d 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 13 HUD-4238S (9-70) c . of the Owner, the Contractor shallllot be entitled to make or assert claim for damnge by reason of said delay; but time for completion 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. Minimum Wages (a) The Contractor shall post at appropriate 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 be m.ade 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, o.nd 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 CF'R Part 3)), the full amounts due at time 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 relationship 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 mE;chanics are considered wages paid to snch laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv). Also for the purpose of this cl:tuse, regular contributions made or costs incurred for more than a weekly period under plans, funds, or prograrns, but covering the particular weekly period, are deemed to be constructively made orincurred 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 w.hich is to be employed under the contract, shall be classified or reclassified conformably to the wage determination, 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 Developrnent shall require, whenever the minimmTI wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is o':>li- 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 determination. (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 l(b)(2) of the Davis-Bacon Act or otherwise not listed in the wage determin~tion 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 Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (f) The specified wage rates are minimum rates only, and the owner will not consider any claims for additional compens ation 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 inthis 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 planor program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided however, the Secretary of Labor has found upon the written HUD-..238S (9-70) 14 I I 1 ! request of the Contractor that the applicz,~le standctrds 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 meeting of obligations under the plan or program. 53. Withholding of Payments I I I I I I I I , I I I , I 1 I The Department of Housing and Urban Development may wit:'lhold or cause to be withheld from the Contractor so much of the accrued payments or ad'rances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the full amo~1llt of wages required by the contract. In the event of failure to pay any laborer or mechanic employed or \vorking 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 maint2ined during the course of the work and preserved for a period of three years thereafter f(ir 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 (ir.duding rates of contributions or costs anticipated of the types described in section 1{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 amount 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 such benefits is enforceable, that the plan or program is financially respon- sible, and 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 employer or his agent i'r.dicating that the payrolls are correct and complete, that the wage rates contained t~erein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a "V/eekly Statement of Compliance" which is required under this contract and tne 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){J )(iv) shall satisfy this requirement. The Prime Contractor shall be responsible for the submission of copies of payrolls of all subcontractor.s. 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 Department 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 which is recognized by the Bureau of Apprenticeship and Training, United States Depart- ment of Labor; or, if nO such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship' and Trainir:g, United States Department of Labor. The allowabl~ 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 an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classificationofworkhe actually performed. The Contractor or subcontractor will be required to furnish to the Department of Housing and Urban Development written 15 HUO-~238S (9-70) evidence of the registration of his progr2.m 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. Compliance With Copeland Anti-Kickback Act and Regulations The Contractor shall comply with the Copeland Anti-Kickback Act and Regulations of the Secretary of Labor (29 CFR, Part 3) which are herein incorporated by reference. 5'] . Overtime (a) No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employrnent 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 workweek unless 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 day or in excess of forty hours in such workweek, as the case 1nay 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 computed with respect to each individual laborer or mechanic employed in violation of the clause setforthinsubparagraph (1), inthe 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 worbveek 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, f:('om any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may ad- ministratively be determined to be nec(;ssary to satisfr 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. The Co1ltr8.ctor shall i1lsert 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 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. 58. Signs The General Contractor shall erect a sign at the project site identifying the project and indicating that the Government is participating in the development of the project. The project sign shall be substantially in accordance with instructions provided by the Regional Office of the Department of Housin8 and Urban Development, made from 3/4 inch ply'wood, 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 opportunities 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 c A breach of Sections 45 and 52 through 56 may be grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6. 16 HUD-"238S (9-70) . " Subject Index of General Conditions Subject Section Accid~nt Prevention............ ... ..... Additional Bond............. ............. Additional Instructions ................ Al1o\~./ance s I..... II II..... 11."............ Anti- Ki ckback Act ...................... .Apprentices.....;....................... .. Architect's Authority.................. As 5 ig11ments II..... II II......... II........ Bond, Security........................... Bond, Security, additional............ Changes in \Vork ........................ Claims for Extra Cost................. C0111pletion time......................... Computation of \Vages ................. Condition, Subsu rfa ce.............;.... Conflicting Conditions ................. Construction Schedule ................. Contract Documents.................... Contract Security..........:............ Contractor IS Insurance................ Contract Te rmination.................. Contractor1s Mutual Responsibility Contr actor I s Obligations.............. Contractor's Payrolls ................. Contractor's Title to Materials..... Copeland 'Regulations .................. Correction of Ylork..................... Damage s, Li quidated................... Data, Reports and Records........... Debarment ......................... ... .... Debris Removal......................... Definiti ons 11.,1. .... II.. ... I" ....... ..... Detail Dra\vings ......................... Different Subsurface ................... Discrimination, em.ployment......... Drawings detail.... II....... II ....... .,.. Emer gencie s .. I" II... II... ... II ... II.... Employment Practices. . . . . . . . . . . Equal Employment Opportunity. .. . Estim.ated Quantities................... Extras ..... .... ........ ... ". .......... II.... Final Payment ............................ Guaranty, general....................... Inspe.ctlon...... ..... .... ... ...... .......;. Inspection of Materials................ Insurance. ........ ... ............ .... ...... Lands and Rights-of- Way............. Legal Provisions, Implied............ Liquidated damages .................... Materials .......... ........... ...... ....... Member of Congress................... Minimum Wages....... .................. Non-discrimination in Employment c 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 terminate ........... 23 Patents ..................................... 9 Payment of Employees................. 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 Minimum wage rates ........ 52 Prohibited Ir.terests .................... 48 Protection of lives and health........ 44 Protection of work, property......... 13 Provisions :r~quired by law........... 43 Quantities of Estimate.................. 38 Regulations, Kickback .................. 56 Release of Contractor.................. 26 Removal of Dehris ...................... 37 Reports, Records and Data ........... 15 Responsibility of contractor.......... 32 Right of Owner to terminate.......... 23 Rights -of- Y,ray............................ 39 Schedule of Construction .............. 24 Security........:'........................... 29 Separate codracts ...................... 33 Services, materials, facilities....... 5 Shop Drawings............................ 4 Signs ........................................ 58 Stated Allo\Y:2nces ....................... 36 Subcontracting....................... 34 and 45 Subcontractor's Insurance ............ 28 Subcontractor's Payrolls.............. 54 Substitute Band........................... 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 completion.................... 19 Title to materials ....................... 6 Use and Occupancy...................... 49 Use of Prem~5es......................... 37 Wage Adjustments....................... 53'; Wages, Minimum ........................ 52 Wage Underpayments................... 53 Weather Con:litions ..................... 12 Withholding af Payments .............. 53 GPO'tI.S99 17 U. S. DEPARTMENT OF HOUSING AND URBAfJ DEVELOPMENT HUD-4230--H (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. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA Following are the Plans, Specifications and Addenda which form a part of this contract, as set forth in Paragraph 1 of the General Conditions, "Contract and Contracl Documents": A. Drawings: See Index in Special Conditions and General Requirements, Article 19. B. Specifications: See Index of this Specification C . Addenda: Each addendum shall be attached as they occur 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) ~ CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY, AND PROPERTY DAMAGE INSUP,1NCE As required under paragraph 28 of the General OJnditions, the Contractor's Public Liability Insur- ance and Vehicle Liability Insurance shall be in an amount not less than $.1.00,000 for in- juries, including accidental death, to anyone person, and subject to the scune limit for each person, in an amount not less than S~OOO on account of one accident, and OJntractor' s Property Da.rnage Insurance in an amount not less than $ 100,000 The Contractor shall eithqr (1) require each of his subcontractors to procure End to maintain during lhe life of his subcontroct, Subcontractor's Public Liability and Property Damage of the type and in the sam e amounts as specified in the preceding paragruph, 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 enumera ted below: None required for this project. 6. SCHEDULE OF OCC UP ATlONAL CLASSIFICA nONS AND MINIMUM HOURLY WAGE RATES AS RE- QUIRED UNDER PARAGRAPH 52 OF THE GENERAL COND/TIONS See following pages h BUILDER'S RISK INSURANCE As provided in the General Conditlons, paragraph 28(e), the Contraetor Will/will not* maintain Bull-der's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portions of the proj ect for the benefi t of the Owner, the Contractor, and all sub- contractors, as their intel'ests may appear. c .Strlke out one. U. So COVERNMENT PRlNTLNC On"ICE : 1967 0 . 37:-878 . t~ D >. C"' (,e < ....,. ..J t.; ~Jl .... It. Ci (, n; t..~ ';,' a:. :':j :( L'J ~ 1.- . Ui " () ~ '.. '-' C'~ -. -' t. "r I... ~; C: ~: t'j U ... h ., ;,,1 . . >- ..' ~.. ;--.:: [... In "J h4 i,) (,,; :,!) ~:J ~-:; 1--: ,-. '-' -". ,-... c") ~, v, ~. ;., w q if :'r.: :< <> v " .. l' Or .. ~~ E .!-~ ~ '" " "'J P. ~.. '! :. .~ >. .') '<:1 ... ,~ ;J ryo ,~ ~ .;.;.; .. :.' ~J ~~ ~ .3 " ~ ~ ~':. .:: .. ~ ~: .;:j l"., ~ :1 M ..... J:J ~I ~~ "0 l' ~ "u I'- " .~:'l '. :~ " o .... ". ... O' " .. " !;, - w C <i ~ j.~l, .. " J, .~ .... \) ;,':' .:; ~ ~~ (".. I.,. , v ..2 ,,- ~~ -5 " .,S .- t.. C> ... ,., c: .:~ ~' ~ ~;l 8 ~~ 'J r... L) ~ t"~ .. ~ ..: ~ "" Co: :;, v .~~ ii-J :-1 '-. E c., ~ ~. '-' .:".' -.. 'J :"1 ~J ~~ L. <. " ~ v. ~~ ... v .;~ .!~ .L 1- ~. ". ....j <" " " ~: r. '-' " "-) :-. p ~ .4 l: ., ~ :~ r~ L~ E ~.~ '-:= !: 0. .~/ -oJ <.., -. ;:J .... .,.J ~: -, " ., c '-' lo :-. .J n. ..... <-: t. ._. .J ~] ~~ ,: " v... C.' .~ .. . ~ ,~~ c... ".:.1 <> t: .~ .1, ~_f C\... . ~~ ~1 l~ ":> r: c-; c. [. 'J ~~ '.... ~~ ] " " " n .. ~f ~t .. ", L' .~~ L. .~~ ,.J .... " :-, ,- " .r: :;." ~.. r) o ...... ~ ~ r: <.:: \".\>: ..... .~ c: ,) f '. ...-: .,:: '10..'-1 "'u Q~ ~ .::.~ ~; 't: S ~J'" ..(.~ .:J .... ~ ;: " u :,. ':.J <J c. ......~ ~) c; ~~' f " ~, '. ._~ r,I... ,~ :; "... .' :-;. ~ "_J -~ wi; \' p....1 s:; ... t:..: 0 o ~ ~ c '[ I... ~g J _ ~..' ~. o.c ~ ~. :. , -~ ".1 ~ '.!"', ,- o u _ _ ~ :':"1 ,. v \.: '... :~ ':: ~ ;' L:~ (.: l.: c-_ ~...... ~ ~1 /~ ~, '. ,<, , (} ,.- r: " ~ ~. _:-~ ':J :, ~j "J .'~ _ " ,~ t.. .. ,... -. L ~ r. (:. L. ~ n _ :. "..I ./ ;;~ ~,~ ... :-:: " .. '(: .'; r'" (.f '"' .. ,) ~.. r," r r;, -.. {f ~~ r ,I ~ \' ~~ t: ,::; ~' ~.) ~ .'C,I ~ ..~ ;j ,~:. '~,; L (.1 r:' (J ..... ., ,:-:') C ,~ ;~: .~ ,,_ t~~~ :~ ... ~ ~~ :~ -.5 :.. >...: --g ~ ;~ " C I_I': :) :J ,:: .~ 3 ~ ~ h ~ ~ C '\.J .c,,:, (..\ ;...." I., oJ t.: i>; ( ~ " ... ~J ...... ~I " - ..t.... o -~1 '" h " ,~ :.1 ~'1 '" --c: ;; ~ , ~ - :~ r.: '0 ~1 r... <: l: '.j E ~~ U r. ~ ~ r! .~ ..: ] -":' c, '... ~ ... ,') ~ " ...~ 'J <:: - " ";; :-' ~: ~: ,:.;. '--' ;'J ..~ ","} '., :;. 7- :.: ' ,,1..2 ,.: ~--; - ~1 L. '.. '--:-' " '-' ~:J ;:l 'J " -J 'J :.." 'J .... "=' {-. ~! ~~. ... to. ;~: 1..1 ~ I _'..J .. . '~~' .. ... t; (, .' " (,.. I' .- M (.. .... V V <> :..-. ,', ...; -ii. .', ,,;. C,' ~ ,.::. t. ~ :} a ,t ,. 0(/1 c:: ~ (.') ";j ~~ ~ ..6 , . " v Dij '-"'I' C o :~ ~\ ......~ ~ '-' u..;; ":J <: '> '" " r.: t' :...) .- .~ .~ > ... ;-- ~... "" tJ r. ....' r: :::: Co: c.' ~{.J ~ .~ ..~ ~ " u c:: ....... 'J ~ ,- h .. c.". L' <: '- ~ 0 '":;: .:] ('".~ '. o ~ ,... :-J r-c " ., =~ .., ..=:. ~.< :'_:.~ ;.~ ~ ,~:; r: ;.., .. o ~~ ., ,. -.,; c... ~~ :~-< .' ::: '~ 'l1 'J ~: v ..... -,] s .I' '" 'J '.. ~ ~.I: ~ .!.< ',' ~ ,: ~ .. <> u .', '. ~ t. I ".~} '~ " - . ~ :.. <: ;;: r. ': '~ c ,.. ;r.. .... , ~;4 :J '-, "-1 C/. P. (! ., =:. ~) Vi t;'.j -, ~~ ~. ;""1 , ~ tt1 ~, " ...... " .. .... ". ~j ~ ~ .~ ..... '-, ~; 'ci' '" ~ ~, "'~ ':.l .~ ..) ~ r, '. C ;., ," , , ~~ ~, C\ ~~ ~ t' ,. Y' .' .. ...., ~~ ~.. c.. n (~ ,I"':. ~ ... .' :1 'J '.. J- .,~ <: 'J .;:. t~ (. ,. .. ~, 'I) .f..J ;) <: 0. ~, E :~ f-'~ .., <-' ~~ ~-; :> 0 ::-.:~ ~ - :E r-.... o~ ..., !.; rl "~. c: ":: .~ ~: ;; n. t.., t;, ., l"J <:. (J ,.c" o p. r- >, ~~ r ..... . ~..' '~f .. r", .5 " " <: ~ ;.:. , " (,' -' r.: (' r: >, .. C ::> o ....... " .~ c: !-: !"~ .... l".. r:. .~ ~ r: ~ .9 '. .:3 g <3 : ". to' 0 .or -. "", .i-' 0 '" :~ '- ;... c. '" .- \..... '-) .::> ~; .. ....' L :) ", (,.. 'Z:' 1-." ~ ':";- - ;, (; ~;' ';'; ~' :;.: -- c:: -, ;~. ~ (. -;~ t: .-. ," ;.: c.. 2? {.I n '-' H v t") :..; , ;:; 'C ,-j t: ~ . "'" o :~ ,1: '.' -,., -J to t-, ..... " " '- r.. " ~ ~ '-0 S t:: L: C:;' -J v, ~~ ,.r, :: t. ;~ l.. r, t. ,_ " j ., ',,::: " ,I.J ? 1'; " ,. -, ~ ~. c:: oQ () ~ ... 4~; '<i- 'S .~~ i:: ~ ., ,~I c.., t ... .!-: r: ~... i 2E~'" \..I ,\" (.l:~ < ~ ,,:-~ ); (. .~.~ ,,\\ (:.\ C) ;! ~ ~" ..r" -,.1 "'-..... ,.- r' (-~ c; (,);:;.'-> ~;);'1 I: ~~ l) ~ ~.: "~~~ .-i ~ ~~ ~ .~ - '<"",,: " ... \'" ":.'" ;", '~~ -' ;;;; '<~...l~.", 0 ~ ...j <cj;.; <5 ;.-; ",. <- .:.- u, p Q I I I I ~,I 81. Ci-l8 . ~ ,~ :,. -r: i:~ C11'~ ~ -; : '.I; C'i :. ~-t It' I .r:: ~'r '?U cYI;: I ~) ...., l:.~ 012 "t z~', i r: I;" ..{", I!"; :,,'~ ;.. :~:: I ! : ~':'; Ii I':: _ .-, I:', C: ,.' t" ,;~ ~;51:: ';.0; . t.; I I::: ! ;': f:~ ' :' I ;~ !~.: 1.--: I t~ ..... 10 I ~ ,_1 C\l r- I. ~I 'c I ;.. 1(.; ,I;:; ~~~ ......"', , ~~"'-; "\ C~ -', I '1' ~' Ii ~r",J j ....; "i-.5 .........i ;'i ~.. :'! ;~l t, l ...., I i ~ "..,', l' ~ r-r') :ti i ~~~.;~; ! ~ I -f '.. .-. -.. _'_ ..,- -.... ~~ I C" t..' l.f"\tl.l (-.J I '-l 1l~13 "'I 'I' I '~ '"~ ' ~~ ,~ I I I n~t I-q \. ~:. ~ q~ F..:!~ I;>; I I;..' ("'~l o .'.) u ~! I jj/ I I I i 1 I I I I , i II; i J ~) I ~l.. I , , I \ ! .. -I ' . ~ t I :~; (.; ,', ~ , ! 0# ; " , '., I ~ ~ I \; ,t'! ;' ,1:,\ t,~ I;' i ~; .. \/'. o < '0' .0 ,..:.. " ..0 \"\ M C' ~". " ;::., f..,~ o .~ ..:~ t_-: r,' ;::> IU r, \....- (.1, ,- i ;:~ ('.:., ~'i '"C \ \4, ~.<4 r-c f.) s: . ('\ ( 'C) i '" ," () ~~:l 0 -', -l' )j~ f '1.'1 r.... ~:i to'} c;; !'.... .,.~{ f~t o .',) r; t1 0:: f.1 o r< ......: -:,1- f>-! "'\ f"".... ,_, '.r...' f..~ :.:~ ::j .-, e.'_'; :.:. :. :': . ~ ~'" r-i <- ,,~ '", :; ~~ (;; , :" . < r~ " .~ .',.~ "S' (~ ~.. '.) t.,ry yj ...-.' :.~ ~. ~3 ~, '~ c. .}" .--:. ~~' :~~ L' !;:'; r:.' ."1 ~. '. .,' ,...: \.) \,'.' .; ',; .:: r_ (~ r; ," " . . .'.1 ....:; () f~ ~~ it_ ...-~ r:,..... ...:"'\ '...~ r: ':" ~ (, c.. . ') , ~:) -4.: " .,~ ~ :"'. : j :'; I . - ~ ,.W, . . ,:! :. Co. ;....." ~:' Q ~~ ~\ '<; ~ , '3 ~ ~ 't '\ ~ ~ .... ". \ M ~ "" w Cl ~ W l- t\. w ~ v> >' < (1 ~ ..... I N " 0 Z .; '" 0 > 0'- ... l- v> 0 w ... -' ...~ "" w 0 ... .... 1_"')" 11-.) NOTICES l < I , I I ' I <.' I ~-L------,~-----+~~::-~ rJ .... "'... .n ,- ;.-. v ., ~. '" v :- .: .1 f !,~ :, j ,- f. ~l:., ~ d:" :< ~< I~ ~! :~ r;. ~~ c.~ ~ ~:.] ~JJ 3 , j ... "i'. ~l. L~ ~~ I ::l ~ :f-.- ~G~~ ,^ 01'\-..' N,.4..... OC'-:'C.O . . . . . ... o ~ l: :.. N cO .4 " " r; . :'l ~. (, ;; ~ < " " C ... Ci ~, .. v. ,., r... h ':" 'TJ ~. t':' ...., '" h (,. ";11- ~_~_~ ~>. 0-" ... " _ "'J ~ ~:: ~ VJ C ;> .C s.. 0 . ~, H U ~ .... :J -.. o c: '" .0 or. ~ ~ o " " " r- .. o ~ C, M O''::>OCO W"'I '~~l. (~ "'; ~ '" .~ ;...~ '" '" ..> ., .. '.... lO;; / ". " '? - C .. :;) 'I u .... ':l :;) ;.......') .~ '" ....:J v"'.n ,.-. ..t V\ t~ ~ r ~ --: ~ ..~ " ,:; ;. ".1..--.---":'--:'- ~ v -..:; c~ Q"-" "M :.... ..... ~~ c:~~ ^ ':I :::..:'" .'" .......n !; ;,II ~ - ~ ~ ~..J: 3 ~ ... .. Co ::. ;.. l"; :;) ..;.: -::. ~.. .~ ~ 1 H :...;, ~Vls..: H~J'\.. .0 u I...: 0.--: c... ;..-: (J }..o ~ w t.:; c. J...J .':, o :; r..... .... :.. v..;,. _. ~..; .; :>\ .~ ...:: -.: ..1 r: 4J ;,!) ~; ~ ~ <; ~ .:> -" ..... \.0 t.; .... 0 ~... ;.1... ~ C -0 3':;:: I: .:) l-.o.... ;;.:: .. >- >.J g:~.] E ~~I:"; .:: ~ 21. j,:.,.:; u C ., " .- -:.' ~"\ -. "" .!) r"1 .... .... ..... "7 "" . . . . . r-.... ~ :::: ;--.. " .~ -e ... ~ ,- ~ . <J ~" ~~ ;J .... f: ..1 ~ :.J :... ? .') <',) ~ U --i::: U .....;.l -.; t': ..-4 jE. t;:. 1')... ~ ~..~ '2 :~ :: ~:i ~J(~ ~.:;::'::i.~ ..;~ ~~ ... .'.- .. -; ~ '" .. "~ ,..: :..: to. :.. :: 14 :"'_ '-,...;......J .,: :j''; ).;.... ~ .~ ~ :- ~~ :} g ~~ .. .2 ~ u ;:.1 C ".I:"":: ~ ,,~..; c.-:: ~ ~ :~ .. ~ ': :; ~: ~: '.: _~.::l ; ~ .~ ;~ ~'1 ~ ~~ :? :'~ 3 ~ ~J .. ).0 _ ';"1 (:. ~ ~..: :..:.)!--.: I "" :: U) 'J :.,;.:. _.....: ..; ..: ~ ;: ;.) 'J _ ';';:l.l.,.,J ".':; ,"';: ..:,).:.::: '.:. :...: cu..; _~.. :.1 ~ "'" r.... ':l Eo- ).; ~- ~: :.:l t.; (;. _ c :.: ::. .~ ~ -:... _ ...,...... w U c~..~...__:~~.... ~ f,{} ':J) Ul ;-. i-<4 ~ \.0 ;: u ~ C . ~ ..... ...... ;... r; c.c~ " c (',j .,.oj t. u u';.I r:. f,j ~ 1-0 l-4 ~ (.) :; ; ~_.... >- " Cl - .~ w ] ,; . "- ~ :. ;l_ ~': ..J 0 (J......=. }." ~::.> -:.I -; l.-4 .... J :St~~~ '. ~':41 g ~ : "- . t.) o ---: v.; ...c: ~ ..f ~ . 1-1 .'J' ~ <; ...... ~J () ~_ .:; I,.~ ...1: .....1 _ ~ ~ ~. c ....; . w...... 1,.1-<''> " ., ~ .~ ,c " ., , u ~ '" ". ;; ~ i ):' ,. ':::;\4 .... '."; ~:~,;: ~ ~!_~ ~ ,~ " ... \.'1 .. -' L' '.~ ~~ .u c..: 3 <: " C 'J ", ~ ....< ~1 J ~lll ..'\ 'j 0 T ':j' Y' I < .. '" :.... ~ --~I~: ; ('0.. ~ ~<i ~ ij r" i: J 51 ~ !1:z. <. j~Uf ~ :', CZ ~ " .... :~ q ., "l " ~:l.-:-:-~..., I :.T ~ :-1~~ 1'::::')2': - I ~...~ N 0<0,:> c N " 0 0 0 '" '" .~ 0 '" ,.. ,. ~'" t ::; ("of NN 000 '" o o ~ f'] ~.,: ~~ N (.~ 0""U"'l 0 a-.~ '. 01\ COO "" 11"I...... o ,. ,., .:> 0 '" ::> '" <' " '" '" '" 0 <> 0 0 '" '" ~ .~ ('j '" e, " '" ~ ,. .~ ,., ... N '" c, e, e, -: N ....:: " -: e. .. ..:> ~ "" "" '" .-, ., -, .~ '"' "' ,..:)'0 " '" ~ .~ .;,..) ." e' el L' '" " .., ., " .' ," ., N '-1.0.: -: ., ~ '" '" -, -I " ------ _._-_.- 000 00 -,.r,...,.., "'-.1' co 0 ...t "" .c l"'l....., ""I";; ~r:: ~.-: .... ~ 3 ~~ ~' ~! :~ .; I _ ~~, ,.>J C"IOO ~-_~'3 ..oc,;e>- ...:..... ~"':.a ,..."" s " -, ::; .~ ;> '" -.: ~ .~ ., - ,. '" .' -- -- ;:Q ;..... ''""!'') C'o;:.G '-)..... .... - ,.....,..~ -f ('~ .-,.0 ,......c .......) i"" ...... (.,"'\ ~\J ..) ,-) .,.::, :0 ~,.... f'...... ~ C " .... U ., C ~ .. .~ .. o e. P- o U ~ C; . ,. o .- "" o.:c ~ ~ .. .~ ., 3 . .. .. ,.. .. '" .., u Q t2 ., l<Jw l\.C v, d ~ ~ ~l:~~~'-1 ~ t ~ ~ U :;: ,~ <~~: ~l~:~u .;:_::~ ..' ~\ ,~ ~ =:i ~J' ~~ \;,{" .; ~, "'"' ;.> c.J,1' :'1''''' ~~ ~ . I ~ l : . ~ . , I .. .. .::: <J ., .. " ., .... '" ') ., . .. " c: ...t 'J I.. .. ~ ~ ~ ., ~U . .... ... e ~ ,)Q '" :.~ (~ .)" M \I c.; ;'} r) u ., ~. ~ U ~ ~.; ~~ ~ f,; L.: ;.; 'J ~ ..~ ... ~ ."~' .4 . ~ ~ u t ~ ~ ~~.:,,; ~ ~ \.~ ~ ~ ~ ~ .~ ~i :~~ . ;: .. C:.I i:: J '.' ':1 ..~ ~;: g V ~ '0 g ~ t -. :;; :.~ i S 3 ~ :~. :~ :~ U ;.::; ~: r;:~;.. g~: 1'~: ~ ~: ~ -; ~ ~ ~ ~ ~ . ..-~ ,4~. ..; .'.... Co ". tl~.. : ~.~.::-:~ :j ~~ ~1 ~ '.:~ ..;....;. l.....~. :.-~:(;.:: G ,~~;V::: :;-: ..l1.,.oCl''':-'{'l ]~_lg~~J~~~i~~~~~(l~~~~:~~~~~ 3~~ ~w ~ 1~~~U~ _~ ~ ~~~ ::: ... ., " ~; ~ ~\ "'... ~ ~~ :..: ~. ;~ ~ ... ~ .~ c;..... . .:~ ~.: ~ ~.~ ;': ~! .::, ~ t) r.JClT'C r::; ~~ 11,,1 ,'J Z 1.."1 f. .'.', ('"'.' J f: 'I,ll e! '~-,Ir.(:lllr':1 ).J;.rJ.. Ctltlulj" ~ : .'. '~ I ; J:: t";.:: ,; I,.,." ; /'\~;d \: ',"':;~ 1 ; ~ '.~ r ;'~~:' i,~ ;\~ ; ;::1 :.: '{'f'~ : : f ;1; .':: ; ;. ~~. i. i~r'_";' ;1.1 ;:; ;:.;~';"; \ '"'l:i ;; ~.i:, ',J'li ~ " ~ ; I ;'f ~,' t~ :1;'I':,r . ;,1 ii::':.i,\ :1;\:.': ;''':: ;.~:,;,~:: ;,:::,~: ;:..',; ::'" ':' :1::.;,:;,::',:,::: ::::::::::::::::::::::::::::::: >,::::::. :::: l",." t ~ t' I; ,.: . f, l:~qlj,,~ ,'i. (.,1, j,,~~,.,. !fl.'-:~r ~h.J Lr)tJr In It(.;~'l:.:; }"1.lI:fl bll(~ ~l), 1:.1 .r L'll:]' {{J \"~':I! jr..a run". ~l:~' il otf:! COUl:t)' eli.\ "I;j:: ~ . 'J: in". ~ II :--: ;'t~II,;.:..j:~.~,'~ I ::~.. 1'.\1;:; i~'\-.-~.'r:;I~~.'~i..-;..:. .-.:; ;.nv !lkr;;-;:'.ii.:t.::.;;;.~ij~l-!-:-(.~;~~,-l;I.~-r~"~'i;,;; iOl~'l;'~r- ~: _.,.1 ,'..., I;. ~- I r ,-. :. ': ~ _ . _ . . . . _.. _. _ . . . _ _ . . .. _. . . . . .. _.............."..."..... .._ ~t ili\"f::';.' . .".. ..... __. ..... _. _ _ . ,..".. ....... ._..... .... ...._........ .._. .._. ___._. __. \' ii, d r i \ ( : ".' lJ; !.j I! ~,-r, \~ ~; :Irf, f. 'Id f!' ~ I ," j~.-! I ,~ .._. _. _ __ . . _ . . u _ . . _ . . _ . . . :. . . . . . . . . . . . _ _. . . )\ r"ll"~ :': t. }..':'l':<-Y' r. ( :,;;:i ';'~ _~ ;'1.:;.', l~'f "'-.It: 1., lJpLd,iY J"IIIH11:1l'! !O.l:, )~, r hn!:r to \'~,: i~!r'!l FIII,'1. ~flrl'{-Il COIlII,y ('/I ^ :-;. .I':: C....' i".~I:":-,"': C':I:I'!'I:{,-I:' ___d lL~Jlj..,.p":: ('. I., II'p-; 1'.l\\'(.I~t'''' lJ~ -.-t:l~~;:'_,; :-'I~": -f:~'l"'r~; 's'!;i\;;:j.;'r':"; -~'{l"t.l ~\,:;J.!f(,hl f'f('.:~-tl';!.~ hl!\"((.,f' t. : '.'.1 ;:-1 ." ; -' ':' I' I : " ~..!,". . .'. _ . . . . . . . . . . . _.. . . . . . . . _ . . . . . _ . . . _ _ . " . _ . . . " . _ . . . . . . . . . . _ . . . . . . . . . . . _ . )(>~: ",X"~:i:i;: ,'" ": i': :,1,:; :'; j,;,I: j;,;,) ,h..;: \: ;;)01.;,:;.::::::::::::::::::: ::::::::::::::.:::::::..... c. l' laj'!IJr,':' C,'~::I il!,. :'-; :0' .:;:~ l"~ r br,ur Hl J I (:~i;::;y r Ilnrt ;,wd ~I.'.l~, I'a 1:()\Jr to V~('i.. tin:! rund. )J~Gf;;' ('v~lnt): (:Jl.\~; I; .:: (.'.::'I','I!1H:i: " '~~r I 'I.: Iii ,'J': _ . . ' . . . . _ . . . . .. . . _ _ . . .. _ . ~ '. - . . . . . . . . . . }b-dw~:,',~ ~: ~:~ i:yt"f:'; 1IO'.H.r.'::.IW Ci".r>.Jkr:~; ~:W fit('r~; ~!lillf-.Il~r;-;; slNl f.C&lT(.,~,J (:H"':t(Jr;-; l'.llu.\lr ~ f l '"J _, : . ~.: II:,. l:....\ (.r;' _ . _. _ . . . . _ . _ . _ . _ _ . _ . _ . .. _ . _ . . _ _ . . . _. . . _ _ . _. .. .. .. . . _ . . . _ _ - . . _. . . . .. . _ . __ ~,\l;':'~l :'1;\"' \!~\~':.~ :'!.; - i.~ ~(.~;~(.: ~\'! ;,;;( 'r;t;;j. ;J:'~:~: 1 ;,! n:i(:~:5'_.::::. ~ ~: ~ :: :: : ~ :::: : =::: ~ ~ ~ ~::: :: ~ ~ :::::: :: ~: : l'd;i(I'r~: ]: I i.~ ":!I: r:,i!':1 . . . . . . . . . . . _ _ _ . _ . . _ _ _ _ . . '.' . . . _ . _.. _ _ . _. . _. . . _ . _ _ . _ .. _ . _ _ . ... _ _ . . _ ~. . . _ _ . . . . . ._ . ~ _ '. ,~-.ll u,.t~Ji:~d :.~,.(:~ ~.\" il_'~' :--t:,t:e~ ~;)lo(JI 'L,.:t H; \, 1,ray; t~l't:r u._. _... _... _.. --.. ... _ _...... - -_.... - _. r,....l.l'!~( . (]. l:mp:'....y(.r ("Jlli, ii",tt..;. t).~{.j I'l'r !JOl.r tn l'r,)id.I:' I'ulld 3!ld $').15 p.:-r hour tu Y:'\(',\(iOH FuthJ. )Junt<.r(')" ('Cli.l1lty CJiJ,:':l11:: C::;lklj((.~!,: ~ 1 ;'!: ~}";,:":!:r:;' ';,:1, :':' '. :,:,' ~ '~:'~c~:~;\\: ,~I,~'.~ ~'~~~;: ~:' ~": :(~ I:~':: :~I~ i~:~ 1,:,.-,: ,~~.c,l. ~:~~j:',i~J. :'~ c~~ ~~~ ,'~'. ~I: ~'~ , ~~~!!"''-I;.'II~:' __.' .__....__ ._.._... _ ...._ _.........._....._.._._.__._~.._...__.___..._... VJ:I..;f; h'.:'''I~:\.l'; !':,'\'j. ,', \'. h;.r!. UIl'.t u,),'k h;IJoi'.I~ _. _. _ u....._ _... __ __.. ._ _.......... -....._ }.f'{,~ ,\(.t~.: . G. El!llli\.~tr l'(-Ll1P.';!." ~".3', I'~ :'1101.1r tn 111..li\1.-,y Fund. :.:wI ~'LJ~, I '('I 111'\:r t!; \"3.,":11[(':1 rtJllfi. ;:;.j_;. C...;.,7;" (".: .1 ...~..: F. C;.rJ'('llh'l:-': ('~lri"'!lh,'1 <:. .. _... ........... ....'.~._.' _. _..... ....... __ _. ... -. -....._. -. - -.. It ;~:(hn.r.'t !;,-.: I 1.:,';"'; I'l''''~ rr;,:H\" ('l":ra!n-....; :'0,;". Ii)trs; S!li:t~kr ...; ~(I."\.'l s..'~I~Io~d ('rh'l(l:-~ r.l;d. or ~ t (.,' i ~; :..r {: II' l ~ ..' : tJ i.": . . _ _.. . _ _ _ ... _ _ _. . _ " . _ _ _ _ . . ... . . ... . .. _ . . . . ~ . . . . . . _ _ . _ _ .. . _ . _ . _ ~ _ . . . . _ . _ _ . . . )"(,c: ,,,,;r\,.:~;,';t;:,I.:';:,;::; \.; i!,,;, ',;i,,:,'r; -,{,ill' ;::;,:1: i:;,i:;jt;~; :::::::::::::::::::::::::::::::::::::::::::::: t. j':II~J'bYd' t,\.;ltlil.'l.i.... ~(. ~;;, I'd' l;()\lC 10 jJdi<.!:\~' l'Ullu :.iJi<.J ~0.15 J'\'f hOlj(\o \.;)~~,tion I'und. r;ilm:,~ COllnl)' c.1!.~;' en:: (.~Ir~~..~;~(,.~~l:;.'rs H . d....._.. ... .... _ ._....1_ __.. _ n... u_. u" _._ ... _ dh __,.... _:.. _.. .... _._ )! :-tit!\,. (.. ft Jlt....; j;' \ '.r::; J -(.\rt:J :--~w (11.'( Lit <.}r~; ~~W fth'r:-:; ~hi ilflrr:-:; ~tt d ~r"l.~o:d <-!TCI0:':,; ~\I,d,()r ~!"f'l c.b"!')fl;: (;:" t':r::..... ... .._..._.._ ........ ..._....... _. __ _ .._.. _.... ....... _. ._ _.. _.. _. __. rN/~T!llt! ~\~~f~I~;. i :1.;\.( ~ - \\., ~:)r i ;'I:li -J~,~ k- 11; ;j.i;.:t.;.~::: .:.: :-. ..-. ~: ~ ~ ..-. =. ~:: ~._:: '. ~:: ~: ~ : ~: -.::: ~: :: ~:: ~ : )':.dnl(J :-; :.Ii~~!'~;~: ~~~;:;j~Xi~ i; ; ~; ;I:.t i ;,.:~'i. ;!"~~("l; .~....~ i;'~~.:~ ~;:::':~. :~;l~i -t:~ i ;t~!~',.'- ::.-.-. '. . ''-_ -.-_ :: : ~ ~..: -. .. ..:: ..: ~.... '. '.'_ '. -. u }'(;~ltnJh : ,:. r.P.I,llJYl'l" \.'"H~ral:JI"...; ~:~.:~.~ 1,,"'1" b'.ur tlJ Hl'!I<l:I)' F\ll~t.I .\l'l.d ~P.l!j I~r hl~'U; tv Y;~,-".\thn FU!ld. S:J,'roU;!('uttl .\lId Yvh) ('(IU!\tl"S :r <.1\\:,,;1:: l:',q"'i'h:':':: CJ ;~;,~~:~~~,::;!: :::::"~ :\:,\,:;::: ~.~~~~.~~~~~ ::;~~,~~':~~;: ;~~\~:f:::'.'~: :~!~!:::~:':~~: ~;/~I: :':'~~::~J:~~':::'::'~: :':':<':'~: ~1!;! \\ I i~. :,'::... . .. . .. _.. . . . _. _.... ...." _. _. ... __. _........ _... .... ~ _........ _.... _..... _.. _.._ J'i!"h !\.'~I Plt'l.I; k"i.J;'f'.. \\ h;lri :aIHllh,'.'l. LI'lj.dl'I~. u. _...... u _. _. _.. ... __ __.._ __u.. _" _...... _. }'t...,:,:"tf': . ~J, rh!I'~I)~'I'r "'-"'Il:!J!'i.I(. .~II.:':, I~l r 1J1.ur to ]l~.ll,L)' l'lIud Jrl~! t,).}!' p\.:- It"t!!' Iv \.~L':ItiUI\ FU:I,L fall Ih..::Ho f::Hl ~1.1I!~. (" ;f,\ \()ll:lf~{.., ---- ('111"1,1:: c.. ... p,"~!,'l~: (','l J '1'1;1 I'r~. _ _ . . . . .. ... ~ . . _ . . . . . . ~... . . . . . . . . . ... ............ ~ . . . . . . . . .. . _ . .. _ _... _..." - . . . .. Jlard\\l..d r:,..,~. ~:-I':-~: I)OJ\""d..:\W ('l.\.'r.'II'I~: :.,\\Y' iiJ..r;t; ~!I:Il~;J,'n:: st.....] :.....lir,l!d t.'r",\"t',:s i.:ld,ur ~I",'1 ...i,,'; I!.!: I.r....ll ;:J..... ..... .._...".. .,. _ _. _. ..._............ ...... ......_....~. ........~.~. _ _..... ~lllI~',', 1::>, .... ... __... _... _ u........ .... .... ... u..:...... uu.. u ....... u. uuuu.. ..__ . )'11. .If i\' ,.;.l\,(:I, l'II'!.:I', ~, !J'l:', ...lId d'J\"\." 1'\li:'.I,'r _t.. ...... ~.... .... ...... ..... ............... .............. J:l..(h;,'!,u:": J'l",'11 h-llll:i........... .... ... .......... ...:. .~............................ ..............................._... _.........: (:al.h f 1110\., r;,. _....... ............. ...... ~.... ............ ._....... ~.._.. ...... _. .......... ....~ ......... ..... _ .... )'n;.~!I'.:L'. t, l'1..I 'I'"y,.r Cl,,,t,l",,t.: l;',;<:'l'<r h.:>UT Lo 11,\::.1;:)' Fund n',,11 ),Ib I'.'I ht'ur 10 \'a,nlk,1\ F,wl. t ': ~ i)~ ::~ } , ;' ~... }"",'!y r :.ll ;~ l' : ~ : . : ~ 1 I I : ,j ; 1"'11 j"ol ~ \. ,.,,;,: ;U; i J. 1',1 I:. (I\';l:' II.', I\' I.. (" l",m ~,. .1,n 111./",.. 'i. (,~ ,W .!,Il .!';-:.1 ;. .:(- .01 . fit .1.'1'1 'i. t~i ,01 .f..j . !,. j~. 7.111 .1',(1 .f') . (Ile i. (:,r; .m .m .~ik 7, ~,n .0' .C") . tJ~: 7. f~ ,m ,fir) .11;'; 1'1.<'-' .('.' .......-.... .(:.! ..-.......-. . . I.~ . ... . f.:>> ,I': t.' ,.;; 7.W .(J) . !i.") . !l}f~ .n~ ..-....-..... i. (.5 .m . rl) . t,"!~ ~ rl~ - . - . . . . - ~ . . . 7. .,) .1,1 .. !0I:) ~ !~ 'e .f.~ ..._......-... 7. f,:j .W . !J) . ~IJ..: ~ (J! e.._._..__.. 7. !IJ . roO .m .I{,I .o.~ ..-........... ;.f?~ .'<1 r.o .!/'\...1 r,' .._...-..-... i. ~j:J . [,j ,f.o . [;'-;d 0" --..-.. --... 7. G3 .W y' . r/)'_1 C') . , . -. - . . " ~. .... b,~~ .~5 .2t, . (..5 ....-....-..---.- '-..... b.~5 .:!$ .~~ .65 . -. -. -. -.. ~ - " -..-......-. ;.,so , (i.) .[,0 . ~')d c.) ..-...-..... 7. C,!, Jf) .!f.1 ,1.1) I .r} .--..-...--- 7. ~,.. .1:') _&1 .tl'.l ,u~; ...-.-...-... ";. (~i .f') .W .tJ.id .1I~ _.....- .. ~. i. 1/1 (0 .00 J/1;l .o'~ ..---- ----... i. (.5 .m .!ll . :,-'\~ .~:~ ...--.....-. 7.00 . I'll . ~JJ . [i!c. .H'~ -' -.-_..... 7. (J .fiJ .YJ .IPc . C/o! ...-.. ....-.. " i.50 ,r.1 [,0 .~(\(I .02 ..-"-.--.-.- '. (,\ ,W .!~ .l/lrj .02 ...-..-, ...-. i. ~<() , (~ .Ml ,!o"l ('l ......-. --... j, G3 , (,) . [,1) .1,r", .(f..! ....-.. -.... 5, ;'0 , ;:5 ~.s .r.\ ......-......_. 6. t..5 .:.1) ::5 . t:J 7, r.o .v) ,W ..'>1.\1 .lr! .......-.. .. (,5 ,(.(1 .W .f.U (', . '. -.......-... 7. !'U . f,.i; . (,'. ,r,'\.l . (I~ .. -........- 7.(.1 .1';') .[,0 .!.,,.I .. (I.~ , .. 7.~ .vl i. (,:i . fJ) i. WI ..,',oJ 7.GJ .W 8.71 ,<I!i .~.t;1 ,~5 . !.J).' . tI.! ..' ,.'>0 .m ./..1 .W . {,{ ).~ . &Jro~ ,R.., . (;,~ " - . ~ . . . . . . . eO.! _.._._...... .fJ.! .._.....__.... ~~t ::::::::::::::::::::: ~:: : ~ : :: ::: : ~ :: fWr~t.l 'f:i:~;l~.TfR, VeL 36. /,0, 1S'~,--rr.I[\/\y. O(fOr.~i! 6, .1971 177.10 :: ~i . ~I ~ " " ..~~..". . , ." V> I.. .-: . ~~~ ~~ , C\. , V> : E ) (.~ z :-1 ,[j r :.:J !',[I ~ ~ , : o :.J~tll ~ ~~~ ~ '", -n .~, N " t c', ~ ~. ,... ... . .' .. ,t ... , .... . . '" < ...I I ., < ~ -J u t ... i ~ I 1:'1 I ~ I r r. " o ;.: ~ u ~ ~- ~ " g " ~ I ~I '" ri I ': s:1; ;:L- ?: o !: < u < > L~ l- t: (,1 Z 101 .:.: ., o C2 "" O>4V') ~~m :>:: ,.; c.. < It .. .. o :-::1 ~I' to :5 ;;:1 :::1 fl C ""3." ..... ~ C r. c v j r: c ~ .-:" v- .., Q ,. C ). ... (.l G _ 6; ........ 6t~ ... r. z. <- ;:: -c -' t; a r: ::: L.: ..,.;; ..... .. c ..., ~:J o ~ -~ c ,.. ':J.... (J ') ..... ,.. :: :. t: :.; -~, > - ~ ... ~ ~ ;: ......v.....Q -e x ~ ~ f,;."UC> ~ " u ~ o :;. g ~ .. .. :: v '" ~. ", G It'. <: .> ~ o '" o '" o '" '" '" 0) '" ~ - = .... ~. ~[~::~ 5 ~~~~.~'::~g5~ ;; ...'1 -.J 1.. ..~ r: "0 -:) <..1....-4::...... 0;.: r-o ~". .....: c.,) ....... ,e n ", .~ ..... ':.l .- \.,0 :... 1 (j lA.... C'....-t v ~ c: ..... ..." U) ...~ ~ 1. ''': rl c: .... ')- ell Ii"" :., j r.~. ...'l.'" ~..::; t;,;...... r.; ~ ,. :.. cou;~.:xoco. ..... ..~:. '_ ). c- ........ c --. :; I"'; ~ ..,) Co r: X ...... k -:. 1. t.; t: II) L' v >. v .-; ... ...... t: -:l -:: ...... \.0 ...... !:;..-. 0 _ ~ c ~... ...... ~l ...., ~ ~ -~ --:. ~ r" tl t)...... .... ;; ,~ ~ 0 C..._' !"J -t ~ I ..;: U.: I ~ ".. .;:;..... ~ ... .. ... ~ ~-..; E ".'J ~ ~ ..1 C r: ,... _ ...-I ..... :, '/': r,; Q ~~2~~-:~~~~~ \.. ....J ~ _ -, ..... <..: ~~~1"~:n~~~ y ~ "'" ci ~v4 cr. """' ~ -, o o '" o '" o '" , .... .., .,. ~ "- - .. c .. ~i u .~ ... c. ~:.: ..<<a .r.._C'_:-~ U...~..;;~.:~-~ v ._ 0 "'.... u ~"j~~~::~~ .o.J U (,. ~: u.... .: v t'_ .'. "-4"'':: C . .- ...~ t.l w.' 0... is ~: :j ~-: ~ ~. ~ u t.: -' ~ u C t..O ~ t.J~: ,} _ .~::: ~ .;: :: ~;.i ~ ~ -;; '. t: _:... >J..... l) h :,.. ~ :J;";' ., >..- c:. U UIU\.C- "- .:' u.J c:: ... (J ... . u.:: ..... "', oJ .~ L .. ~ .. Q ~~~~:~O:?).I _ "'" ... h t. "'.-4 ... U .1"';' 0 ~ 0 c :.~ \.. t: .~ t.:; :~ .... ~ ~ -:_= ~.'. '.:. :. '"' ~ ~ ~ ... :l ...It. ::t :: U ~ -: .~ :; :; .i: :: .:1 ;:-:~ ~ ;'~ ~ ~.. ~ ~ (... ~ I, ,. ... ,....... : 0 ~ c......., ,,,-;.0;. (,;,. "''I" "" .. .. .. .. - "- - .. .>. ~ ~.., " .. " ..... .. c ~ ... .1 ,,_".J o .. c -.." .. .. .<: c: u ...... U f' :>0 ~ ;; ~ .. ~ lot CJ t: H. :\._ V I. 0 .... ."1 Co ~Q"'" ~.~ ~ ~ ~':...-u I) 'J C ::J. .,." "" "J '-- I": ~ ~...: J '" ,., ,~ ~} ,}., ., ~ ~""")oo t u t..; :~ ;';" ...:;.. ~, ... ~; ......~ \~ ~ .:~ ;t .~:..~. .: ~ : ~ ~ ~ ~ j ~ :. : ~ } ':'" _~ ~ ~ ~ ~:~.. .:: .. u ~ 0' ~ ... 0 .) :2 tj .~~ :.1 .~ ;. ~ .'~ ~ ..~ _\ :: - ;.. ~ ~ :. ~ ;~ ,.. ~ u :..'" :... '~ e"I." r.. .1,1 \.., _ ~ r :.. lfl, ... c~ ... V o ......: .~ .., .' -J l.. f.. ;-: .... .. ." l..I .. (,j, ...: ':.~ l.<I }..o ,"' _... ., -.; ~ l_ ...." .oo ....... ,., :; v j...o u :; '.: v ...-:. .~ :; ~.; ~ ~~ :; :~ :~ ~~ " ~ ~.. ~: : ~ ~ :: ;; .~ ~ .r: ~ ;:0- ....: ......, \.- .- _..... v~... \. '1 ('. '_ ... . _ .~ _ :,. ) ... J r... \,0 ~, : '. .. _, I. -' ..' :..:'_ \.I .: l~_.:" . ...: __ ::.... .', . '. Co' 'J ... I ., .. .....; -: .. _ ~.l .:. .... '. .: .. :... ... .: _ ... v " ......; l., <''; -..... ,-.., ... t ..~ ~..; .~::~ ~ ; .~ ~ ~i :~ ~ l~ ; .:~ ;~ 0..) ..: ; ~ ., _ .... \,0 () '.. -. \.0 .., :: 1\.1 .. .~ ..... ..... ~ ... ~'/, ~ t':' ,. ~... l. l'>l ~ o o , '" o ... o .... '" ... '" '" I " J U ~ c: ..~ ~ :s :i gi ~~ -g E ...~ 0 U r.; r: " ~~ " ", '.'; '"" :;. ~ ~ ~. -) ~. I'.J ", '"-,, .'i 1.0 r: ~E~ o '" o on .... .., o ~ ~ o ., ~ o 0 o '" a a '" ..., o .., o 0 '" .., o '" o 0 '" '" '" '" ~ '" '" ", ... '" 1 C .. -.) (,J r: ':) I f: CI :.. c.., E. "'1"'4 C ." t., :3 u (; I. 0 I": "'\; A t ~ ~ ~ .. c: Lo '" .. '- u" ~ l E u ~ k ') ~ t ~..; ... e..: ~ 'J :: c: ~ ..... - c-: ~ ~ ~ ~ .J Ij (., _ C \"'"'"J :~ J ~ ~ .. c :: c~ \.0 "": c: C (.. c: _.. ~- t: 2'"'g .~ :.J -_ .~ ~...., v 1'- oj ... ~ ,:..' 'oo ~:.:: NOTICES '1'''~ ,cr ~ --7...z 1/'\ V'\ 00000000 ... .. . 00000000 ..o..o\O..o-.:>~'-O\O '0 ..., OQcooooa -.0..0-.0<.0..0...0-'>..0 00000000 II" w"\ '" '" "",,~..... V\ .'"\ '-, '" VI Ct 0 '3 <n t"'"I '" co. (]\ loI\ -.0 0')"" a -.D c...,.., (}o. "'f ~""'_....-4N,,^COQ\ ,... .."'I...... II'l OJ"" ~ -.v '-0 00.1 " -, ~ .; ~...~.::l. ~.0.I. p"l....<,( Sol ,.. ,.. S. }.< "'" J. k OOOO()OQ'-l. ): :l J: :J :J. ;:J ;J. P. t.3 0) '-1 '" OJ) '" t1;" 1-< 10.0 H '"" \.0 J.o. 1., .~ :) ;J =' :J :1 :J ;.l "\J C~OOOOOt: ., _"K,; .:: "L; ..= .::. ~ .J..:, .c Q v: ~ ... c n..o -4 ..:) ...t ...;r t"'\- N C J Q _ ....... - .. .. c3 ., ~ ~ ~ ~ ~ ~ ~ ~ :3 <"l ).. ...: .0 A ....-, _, .c ..0 (I; ).. ...!..: __ --'l ....-1 _. r-i .... ...... t4 -, ~...:l~C'..N..oC'JC1..r"'tJ C rlN(,...N~M..z ~ . .. ~. ti I I I I I J . ....:J .::.e <- ~ ~ ~ ~ ~ ~ ~ " ._':l..o~.I.").J'l.o,o 0 -.J ..r .... rl ....-4 ....-4.-4'-' r-1..... '~ ..... .,~ ~ 0) >:l) N '0 N co ~.. '.j I ,...~ rl ...~ C"~ C'" C'l M "J J.I .. ...... ~ ,.:'l .... \.I \.I k ). h \.4 r..: .... ~.- ~ ~ ~ ~ ~ ~ Q ~~ .q ..; 0 6 6 b 0 <5 3 3 <0 ?.: '; -. " ~ ," ? '" u " ~ ~ o 4 o ~ o o .., o .., a '" o '" o '" o '" ~ a ,~ o ., - '" ." '" '" ." .... ...; .... .., N I .. I. " C o ~ .. " " "U , '" ,~ c "" ~ " :J "" " " .. '-~ .. >- ,.:lri.... --; g " ~.. ~ .> :i '" v "u " .. " ~ u .. " .. ~ .....u '" '0 c " .. ., ... <S o '" o '" ..1" o o '" o '" o .~ ~ -,;, :.<: ~ " .. o .. '" 0- .: '... :r " ~... " y ./ " t. It ,'... e~ " ~ ~ .-4,oJ ... " .. ) '" " '" \< " .' .,- ~ " " .) .. .. p, ~ o o '" o '" o '" " .... ... ... ...; ':'<.. ,.... o .. :J": <II " ~~ .. . " .. ~ <'0 ~.: 0/1 ~, C 0 'J 0 U... - .. "... .. 0 ..'" .: ..1.... u... " c., " " ~... .. " .. ..0 o -) ~ ., 0 ... -* ...., It _.J y~ .. o .- c: ..:J C <1 l'C 'J t~ .1 l;'0 " ..: ",... ., u " l,) ""'" N.d Co ."'l-.J :) :....'" o - ~~ 00 00 .., -' 00 "'''' 00 "'''' "'''' ~VI ..,0 c 2 "U C " o .. U c 'i1 s o .' , " , . " ~ "" '- '!" - "- 0- - to)- Qt UJ C) :: 'OJ ... o. .., u> .; 0( o oc i ... " - o z .0 .., -, o > << '" ... u> i3 ... "" -' .t Qt ""' o L:,. Yo ~ ". ~ . I: , 0 " ., - ..:. ~- " < . ; j ... 0 '1 ,; ~ ;J ;., "] '- ri o~ C\. VI Ii !..: n 0 c.. "; \0, j 0 i.: :- -, fl (.) >. .\ '-' ~ '" '^ z .1 ~ ~ '" '" 0 . 'J."- . - II "" . '^ I, ., . t"- t"- o X - -1 -1 . ,:1 u;-.~ . ~~~~ -<> '" -: ~; 0 u~2~ t- . r- " - 1 ,. .~ .... .-.'- ~ .... ... . ~ ~ ..... 8 ~ ! , . NOTlCr::S ~) l. ~ ~' '< t.' C i-: , .h., ., f~. .~: -~; _~! !i ~,I.1 c; ~~ ~ ~ .~- ,:i:"\ ..;'" 1.~ '., ;; ..C"~~.. , . ...... n ... ., .. ~J I.. ,1 .l:j ~:: ~-: n, ~:t"-;:;-"'..~:~:(~: CJ ~'H~.~*tl~ ~j~~ ~~ .~ .,.~ ." (')..-..... ,,) ..... \. " t, ." IJ S _I, :: L. ~ ~ t...J t? ~~ .1 l~.~ f: '.' ,~ .... ~: 0 <'J.~ ool': _ ~ (j (~ ~ ~ ;. - ~ T1 ~ ~,.J..1 .j ';:~ -;~ ..~~ t.1 .:i ~: ~ ~ ~: ;~~ ~:~ ~-'~ oS :~ .~ .~; J .... ,_ - ~..:;:..~! I'~: 'y", d: ~ f.-.~ '~"'~ ~ ~"'_ ~,:.I ~.~ ~Tf' J;~;~. ., I) _ '. _1 "~' ',I .) ~: ~ .~ ,j.;. j i J .~ ~ {1~ ~1 ~ =..,""4 q o.::.~ ~ ~ ).: ~ n. ;1. ~ l. e '=~ ~, '(: J. t ~ t' C": t ~ . !~g~~~~~~~~H~~~~;]i~~~~:~~~~1 - 5 ;i~ 3 c.~ ~~ ,.: ~ .::' (~ ~- ': -0 ....~. ~ .;; ~; ~ ;...:.: ~~ ':. .~l ;,~.o, :r::~';' ~:~",~:". ~;':~~':~.' ;: ~".~...:.: ; ~ ; ~.'. ~ ~ .~. ~; .:~ .~ ~~: :~ ..~ ~ ;~, ~:: --;! ." :; ...., ~ ...~ L. ......... ~.= u ~ -J ~'_ :.J ..~ ~-,.J ;:. ~. ~. ~ .~.~ -~ .~: ,~ ~;.' t~t~[~~~~~ ;~~~~-~~:~~~~?,~t.~~~] ~~~~~~~~~;~~~;~~~~1~~~~j;~i~: i~~~E~;i~~:~E~~]~~~~;~~1~~e.:.~;.; a) ..... ...:: fj ~_; .... ~1 r. 7"' L:.~ ../..-. :: ..: () :;,l. l.. {.I -.. t S' _~..::;... ~ ~ ~ ~.'~ ~ ~ ~ g.~ l~'~; ~-.: ~ .~ ~ ~ ~ f ~ [: :', ;) ~,~ ~ ~ ~ ~. ~o~ ~,u_: ~c~ ~.'.';'.' ~'~'. ':0'-: P,~, ~,~",: ~.~ ~ o!: -~~., ':o'~ ~ ~ .~ ~.:j ~. !. : --: --: ~,; .....~ .... .: ~ ~~~~rl~~rl~U~~~~~~~~~~~i~~~~~I~ 8' ~ o o '1 r. ...: fi] o ... z ~~ ~ ... ~ o ... c: ~; g ~ .. " '" r: o -~. .., ~ ~ ~ ~ :,' ~ '"; ~ ."- [,: :.-: ~~ ~ ~ (" tt: 7- ~ ~ ~, ~I'~ ~j f. ~ :.: -q 7- ., j:; < u < " o '~ '^ "" '" ~ " .. = \ u>~ rl ~~~ c '" C) <. . '.,.. c .... -cl '2 .. ... " r' " ~ <: .. 0 ,~ en " 0 {I: 2- u }.:: '" .- n r' .> " " o( .< I ~- ;-, ,~ I. I!! 0, Co - " 0 C ? U ,. - (;" ... ..:' ",-- ~ 0.) - -, ..' r' ,., - .. " a: ~ '-: .. <4 - .. .. 0 " ~ '" ,.,. ., ~ f:i .-: " i: ~~ .' f.i ,. .' t'l ;"r' 0 ,. ., Ii' , (~ n ~ u Ill.'":.....", ci ,. -. ~ " '^ '- ~ "" <'- -=; ... -'? a) \ ' - -;:{ o "~ \0" '" '" c-- -'! o .<) .,; -..1_4 I ....; , - " :& <';' L. 5. :;; ....4 N:< c: eO;! ..,....... U ~l ..... 'J r' -J rl o ~ '" ~. '_' ~ ;.' .,J L ':1 ..) .-, '. " . ~ ~ ~ 2 .t I~ .; l L. 'J ..;:......_":. .. . I ."~' .. 0.--1 .. ~~ ..J .' -;' ~'J t.; _I ~J -, ,'" I . ;~ U >.. L. e., ", J..- r. t:.. . '. .. ~ c' .. .\...... :, (l t: oJ \.' ':' .0 :>0 v.~ -.., r- u ~~ r \(\ '-. ,~ ~ ... il"'J r- t.. -..1 t: ~ r"'..~.: ~i '. ~ ~.,;I" 6 1.. I.,'" ",. C- .)) II ...:. (\. ':J .... ~ :1 '1 ,) 0 U .. .2. ~ :~:::..:..= r- ~ ~ f i~ ? ~ ~ ~..- ':"":,. " 1..' l.. '..., :1 r~ 0;: C'~ ~~ I~":::' g ~...~ ~ ~~ .~~1 <:'+J:.:_ r.. l,.~ t.' <:-; cJ tot ::.: :~~ ;~;~:~ !! :1~.z ~"'_ .....l...... (j ::_ c. :<( .--: r; ...4 ;. .~ \., .... -. C-.': :'1 0'" .... .:. l' or, C' ....1 :t ...~ ~; ~ ~ ~ ... ~ - .~ .... <:~.: - t.. ... ",,' .... .... '" L~ .. :"') '0' ;". .~.:-:: I. : .) ...) ..l ] S ;;~! r.4 ~ -; ~: :~~ '-" ~ =: ~ (~ " ,-' r" ........"'_ t.t ~: J ~ ~: ;1 :: ~.. ~ ...... () ...) r-t ,,.. ., ~ ~ ~.).;I'~:. ~ ~ -'" .., - .) C ..J U ':J ~ - -;t . ~ . - - ~ '^ t"- -1 (,1 ... ,... ~ ~ '" r- -1 '^ '-? .... ,. .~ ~ I _ t: c: t~. = \" .. f .-. ~ ,') l-; ;;; t] t; g~' .;-; t. ;'3 =: ,,;: >; ...~ 8 "', ::..~ ~.~ '. ...- ,1 ~ ~; ~ ~. _~ ~: r2~:: :~.t r. L. J. ~~ :: :'~ ~) '-' . l-.. ,~~ ,) ~: ;: :~ :. ~I : ~; '1;,~U :.....r)('..,~:.~...~ ....,~ ~ ... I.~,:~ ~ ~~i,} _~~ ~_ ~ ,:", ~ }: :: r 11 !...::,: L '.., ..'.. ". t~~: ' ,} U ~..J J..;~ -:;...: ~': -; .) .~; ~~ t f :; fo.l ..: '_' ';; L. 0 ,~ .-.. ..._ .: ~~~~:~~~~:~'~~~~::~~~0~~ ~i~~3~;::~:;ii~~~:~~~~ ~.l ~ ~ ... ~ .1 '";.~ "'.:: V .~ot: .2.,":,. :~ i.~. ~~ ~.' c...' J. \.' ,.J \ ~ : ,: .... i' J H . . ~ '': '"" . ~. U l., (' _. ..., _ (', , t rl ..~) L ..- (' ,~;.1 " _~ ~ ..~:-...: '7 -=: ::.:3 ~ ~: ~ ~ ..' I.. ,-: l: ~'~ . ..,.... ..---. f: o~"". .... .... C 1. "t ,.-'" i.' .': .~ .. 1 1. q .: ',.l ... .... ." l\ .-: .' 'J "1 -:." C ~~~~ifl~:;~:~~~~l ~l .. h _r.....'.._ ~<; 3. 3 od () (\ lr .. ~ 2- ...... Co' f. Co. ... ~ t1 ;J', .' ,. ~.. ,. f ..., ~} it (~ .~, ~ ~ ~. ,J :..: () ~1 *it ~J- ':j)~ .J" ., .'4 ,~~ I: ~ t, 7 ~'J1 .1 >t .... ~ I.t' ~: '~...' Lld;~~1 ...... '.: l. 1--.,0. .,.4 f ~. ('.. ~') ~', ~ .~: J C'> .... ....,,, ~ ~:~....... ~ 1"1 \') I . I. 'J ,'....... (,I .: -' :'. t) <"....4... r. ~ \..; .~ :' ;) , j I. .... '. ...... ":,' J. . '" 'J..., ~,. 1. ., (~ ,... " (J .,' ..) :; .J.. ).. .. ._f ,,oJ n. :. ;:'~ 2. Ii! ". r \' " ;,..." .' .... I ~ .-... ~ U,... . . ... ~~ ~ .. l. 00: 1-.. ,,',.. I, . ,; _' '_l f! ., ~ ..J ( .... :: o'l"'J \r ;'1 r; >J "'" I. f; . \. " Yo ~. Y ;1 \} V ~ :'::. l;~"" ~~ ~ ~.:2~ c ... rJ J- " \~_.- ':-....;- ~1 ..I 'i r .: .1 .~ t. , ~~ J ~ :~ ~~:; ~, ~.... (' ';'\ " ... . '^ .1 \~ (J ~ :~ .'4 ;... t. .1 ... . . n...-.... I).... ~'~ ~;' .S;~ '.'" c ... ~J I,'.,' ....,:.."11 :. '_ ,J " ,: ..J ,;j .1 ~; .~ t .'.' .;., " . '. ., " __~l f~ C~ l'l7-\l .. ." Qo .. ~ eJ :l '" ~ ~ ~ .( Q Ci l l't " .. <5 ~ ~ 1'1 ....J o > r/ "J r;; ffi '" -' ~ w ID '. :'lo . " .:/ '. . I~ . . . 0 . -- . 0 V> . , '. ~. ~ . % . r:J 0: -r] " ~ ;J' ~ ". " . - < <: 0 n. '" -' V> () .: - ~. i; '. r;: < o. : ~ ~ ~ (~) <1 '1 - < . z > :'J - r.; ~ toJ z - 0 g '^ '" VI VI "- . (2 ~ 'i O' '1 '1 "l . u.. , , to '^ '^ VI VI .4 e- o r- r- e- X -:1 -1 I -'l -=r . U~t.l1 Vi ?1 ~~ to c:) -\ "" r-: '1 ."0, r: c;:2~ ... . ~u: '0 . ~ '0 '0 . :r. ~ - " a. '~.-'.L...-- b~~ 177/2 n ,- '" r- ... ~ . . =< C"_ .~ ., . ~ . ~ ,. , <- I , 8 /, I ..., ~ ; 't. " ,I n .' !~ 8 ,I) ""' P- .. 2_! 0 ~ j." 1.' ,., '" r..: [; 2 '" '" ....." t..... Ii 1J~ ~ ~ ... ~. ~--- '" 0 ~" f;: ~ .!. ~ ~ - 0 ~ n ~ (; i:1~~ !'! I ~ "",,--- U>:V1 ~~~~ ,.,:~.,: 00;). :x: "' ~, ~ a ... i ~ r.: f.! ". (': :\~ / '~Ollcrs r-t ... ..... ~. :t e c: J. 0 ..,.t ... J ,0) n ~~.~ ~ ...; ~;; ~.~ ~ ~~; ~ g 'l: .~ 1,..:: ;; ~_~ ~;...-;. .~.:,,) ~.,.:-- ~ u ~ ~j!;ij}t1Ji]fj~~ .~ ~~.~ ~ t2<-: t ~~ 'c.~~ 2.~ ~ ~i .., ..1 t..: rle t."':1...... rot:..':.L: - .. 0 :.. f. , .:: -. .} .,..J :..; .. So. tJ ':"...... ~ .: '_ _. .l r-1 r-1 C. 0 ... 0 >. C [; ~ _.l .- C. : (. r-' ;" :~ .......-... 0 E ~ ~ il i: ~ ;~..~ ~ ~~. {; .~~ ~ 2 .~ ~8~~~~~~J~2~~~~~ ,:. t'l -a , r .... t. 0 :' t:' -:: rj ~'l :.- .~ ;-, (; t; ~; s~ e ~1 ~~E ~:~ ~.~-;:: ;:2~..:3'~i: ~~ " :, . ... ~ .:' .-) :.: .~ ~~ c. "'-.. ..: (V ~ ~"~ ~- ~ ~ f; i: ~- ~ .3 0 ~( :~ H ~; to s!:'6 ~i .....~ O--""'{';1'.J_-, :_ ~ ': ;.:' .~~ ::: r- ~ o ;; _~: 2 1:; ~:; 0 ::"'~ '_"'0( ... .~ ~ ~..; -~ ;; -~ ~ ~ ~ ~ .i E ~~ r; 0 ~ ~ 8 ~'u R [21~ ~ J1 ~ ~. ",'., ,~ ,~ $J')! ~ ~ ~:. .:~ c c " .... C ~ t...-4 .<:. .~; t..:~: E I .... ~ ...:: T1 ., ~. ....> .~J ~ t~' ;1 C :... :r ~ ~ :~: 2.: r,; -:; E-'-: ~ }:~' ~ j ~ ~ f fj'~t{~~~ ~.; ;}~. ~ ;~ ,2. ~ ': (,.-~.~ c r: .... :.. r= d J..~ .... M ~ _-:)_ t...; ~; () ...;-, ~"1 , [4 .... ~ .: .... U ....,-1 ':1 ~ ;S~--;;.~~~ ::5 ~ ;:; 14 .r: ,~ ~ ~ < ~.f:J 0 ~') " $.. c;..? ex; ... ~ ~ I -g ~ ,~) ':.I C' (.oj X .... n.:~ -::! ~ - ~_...-... (-, ~ -;: ~') - ,._~ 2::; ~ .... ~ f; ')';i .s r~ ~ 2 "'-~ fi ~ ~~~~ 2.~ ~.~ g ~ ..s c ,..)r:'_.~.J .;..'':; }; ~ ~ 0 ,~ i ~ ,~ ~ ~~ 2 ~ ~: ~ ~ 5 :~ ~ -' r-"\ -0 ~g-+ fi i t ~~'T~ ~~ ~..'E ; ; ~ ~ ~ ~.: ~ i ~~ ~ :~ ~~: 1 ~ 12 ~ :3 ;..: ~ ~\.; U (.') c-J__ O"\J :"1 .- .. - . '. -;:J . 0 ":' '^ 'i VI r- -'l . 'A .\ " ~ o ~ 0 - '1 . , - '^ , "? VI r- -! , ~ r- g) I) ~ ... ...,. -f >. r:"rJ .... c: ~a h~~ ~ ,-c 0 ..~.: ~ ~ I-t U . :1' rl .1 ..-) r-f ..,) ;1 0.., 0_ f1 'OJ .:: t. ,.-t .._ J.."1.J ~, "2 ':1 ~ J? "'1. r1 (l~ 'J t."\ t4 ., fJ~+-'?L.~ ~ 1.-.; O~ ..~~~~-;::J"I. o l4: l. ~...., (1: J." ~..o ~ ~;. 0 ';! :; c: f.~ ~ 0 ~ ~ ~;';~i:~ 8~l;8i:. Q ,. o <> - . , to' ~ ,... '4 C . I ~ ,.....4 () u .~ t: n..., :: l;~ ~"~~.~ !~ R .~ ." ~,'. i". .1; I) L. L. .,:...) " ...1 - ;. ,...... ,.~ ( ,: p " , ~: n .~ ., .. L. \,J ~1' t ;:"" f~ ',) t. .' l: I,.. L. ~ ';1 ... ';;.: i1 ~: :~;; ~:, :.~ I ~ ~. ~ ~ :_ . ... , (J ,. .' ~ (~ ., i .... ,. .: r .~: (~ I~ '. ., r-!......~. ~ \- ;"l .1.- .. C. l. r-t .' 0 ;1 r: ... I .' l' .' ~, l,'. II I: l_ ~. d p ". v " r< . ..'" ~ ..... oJ. Jo I "_L-~_~_-;;-::,_.--~ ~ ,,) ,: .... r I,.., ....l I I."r:... (I.' d ~ r. . ~ ~.'> <I.., ..; f,: c ~ .. l ,. t. ~:~':'1. ~ J...;'~.. ~~ ~ I. ... L..~ ~~I.;"'('; ,i..L;::Orltn......_ ~; ~;;.~;; ~? c 'J'.,., ,: I. "') '. ,.,.~ v i~';'~"i'~ ;>: I..~~ ;;;~ ,.:~ j:-;:;~ ~,' ~ "~,~ ;., ~ ~ 1~ ":;; " " " ~ ~! ~; ..c' ;; 'f :: :~. :~. ~ ~ ~; -< :; ~1 :.; ;.~ .~ ~ '~. . ~ ~ ~ R ,~ ~ . ,.: / ,. ..',,, '. " 0' ,. ~ . 'i '''; 7 .; " :.'; '--r: :; <. .' ~ ;; :~ .: .: ~! :; ;'; ~ v :; ;; !; :~ :i ,. ,'-, " ...,":' ': ,) ,., ..' ....: "." rl ,) ,,:~,';.'- ,:,"::~ " 1.'0 :':~'-' '. .'; ~l . I) (. : \1 ^" i: . ,',' (.. ;~ '.~ t. '_ r,' ~;".I -< ~.l rl L tl..~ .. t.' ,,' :.".' '1 n I: I........ <. ' .. ~. :.. " " ~: 'i .. ., " " ~ '-- " .' ~ :; <. >-. ., L ~! ;; ',!':';' ;1 " ;: <:. '~:i: ~'.:; ~2 :~:~o ;:, ~; ,. .,.... '~'J;: ~~:: '"' r.':i ;: :: '.: ~. ~:! ~ +';;: ~i ~ ~t A~ .'!,' 'J"-" .'. .'.'.. ~;. f. -'\"".: _~.: :',' ',. -4 ",.::':: ,..... ....;:~) .;.: t; ~ c .:~ :: J ~: " ~1 .; '" I~ ,"'I .~ ~ ~ ;'t;: "':, ";";'.i~ g n:i" C~. ~,j; b, ", ~.~ .~~+;;j ,. '- " -! ;:, : '.~: ~~~ :.... ~; :.1. ; :.: ~ ': ~:'.:; -. ~:..;.: # ,:-. ~.. ~ ~~ ri'~;; 0 :.: . :.J \. :~ t.J :. :: ~~..."'I .. ':t ,'1.4..,...., - .... ."'.t. ..Jl.;;'.~";'~ '-,.",., "I.,. '-:"'U ,,~" ":.:; ;:: r'~:; " " , ., .., :. '.; :~ ,'. ;; " r' ,< ~ "'" ~;~.. ,; J ,'::; ~ ',: ;j' ';; ,..., : ,: r' .. .. ,. ,> s \:::'. ';~ .:, ~ ';: .' ,'; "~, :',. ;;r., '-I " .~; .:: r,..~, \~ ..1 ~. \l :; :~ I,. f.;; } ': . e' :....;: ';.;: ,.. . " .. .. .. , .. '. < '.. '. '..' '~., "" ..,. U " .;: .r. ~.:) t.. t" ~ ~) ~j... .') v:: ~l~ ~ l:':'.~.; 4) ;.~~.;.....~~. :.' ;'.":;; ~_: t_ ~) ~~ I. J.... -. :1 _'.I <, c: o ....: \D ..' ". " ., .... . . ~ 0> ,.) ~ ..... C) ~ W ... O. W ... >' <( 0 <iC u. I <'t " 0 z ..0 M J 0 > ...' W ... vo. I;) U, <.( ... <( << w. 0 ..... ... . . \. '" ~ .. ~.... ,. ~ l' t .: ~~ 'n ,... , ~~ ~i~~1 n11 8 II! r. x oj -~ ~ u . ... r. " ,; I) f. ~ :~ ., ... "" ~ c ., G ....\ '" '" ., " ''> '" '" '" VI r- -f ~ .., '" VI ~ '" r- ... .. ... o .~ VI ~ .. r- ... NOTICES ~ -, ... ~ r VI '" VI r- ... o '" '" '" VI r- ~.. ~. <.:> '" .'\ '" '" '" VI, r- ~ a '" VI <I> .. " ... .. o c 'S .., ... e '" "' ., ~ <> '" "' o .... ~ I~~ ....;.: .., r.p:; ~ ~:~ ~ t-;o<( VI '" VI r- ~ VI .... ... 0') '" '" .. .<; ... .. " 6 ,... 0' g '" "' .c; u~ ., >- !,- c :-. 0 o L) T4 s.. rt 1. " .d 0 ~ ~ J . t .;1 ~ ~...~ """.J "1 t~ . ~ :1.C........ .... 0 ~. .:.. n ~J " :~ r. ~ ~~~;(,)~:J .r. .., ~ ~I, ;-; :1 r. ~ ~; ~~ f ...~_::"';f~ i ~.:~'::t~- .1 o. .\ c: n -I J.'..... D ~: :~ t~ ~ ~ .~ i: ~ .:~ .: L n r'" '.. r: .: ~ ~~ ~~. :'-i' 'i on' ,... -I o~V\ ~~:F~ c:.o:,: :r. -. o '" ,.., ... ..; :1 lEI " tl~1 ",' ;- ~11 ~ ~ ~ .~ .~ C> I ". I <' . ,. I c::- o , .... -~ ~ <j; ..... ..~....~ !: o '-' ~ '" c: " ': ."1 ~ p! o t; " r.: " ~ ~ r; .. .. co >: ... ... .. U ... .. ... u~ G . ... <) "'.. ~o 'a: . 0." .... " ~ .. c.~ (I W ~ t>. 0 DO- ",... 0<1 tJ) ',1 <l " t..: -f ~"'O 8 ~ u 'fj :: o ~ ;l .0.> Yo U '" '" I- .... ~I.._~ :-J ~';::: :~ S:~ ~ ~J~ f. ;:t -f~.~ :i ,~ .::'.J fl ~..L:.:; ~ f. .:,... I: l.o':' t ~\ .'li: ,] II ,J .-: <. ...., H '"" ... {; t.. n. .:j? .:; /: I~. t:) CJ " ... ('J :~ L. .~ --; ~~. .. >,~~ " s.. 1--" :;...t '.1,: '" \. " r-= ~.1~ ;:o. ~.. f~ ~ ~~ ~ ~. :-; "l~ L. d ;:::: .t. ;1 ~ {;f ~' ~~ ;,. () ~- . ;.i " ,. . ..... 0- f10 t4 U C c ...". (".... ~O>..,-4 U ~........... .J v -:: '"' .... 'Jl ':.; ,. 'U:'-t (J ...... -:J ...... CJ C ~ ....~ ........(,,1 <'.1_ t.)V"'-Ol.o - ~ I 0 ~ .........N l_",,?'-'~ <". -.J r: -J'" .t:o) ,. 0 0.- IX''; C" a:.:/' _ ~ ~... ~ ~~ ~-" ...:..,- ~ 'J >. o ..~ ....~ .. . :J__l\, ~ ....., . (j ....)"':J v:J ,.... '..-' -t. -,) -:; ~1 \.0 "" _" C "..I :..; 0 o.J -t t~~~~~~~ o ,~(,-:~ c.. u , Ilil ....J {:' ,i ~ ~ ~ )-. :< .... ~ I ('.. ~ ~., ~ i. ":1 i:: ,~ ~l ~ I-~: ~. w ~ "'I S .. ~ri l ;: ~i "-I : .." ..$ 'j, 1= '" .... "" ~- ..... o '0 ... "- ~t" oJ -t 0 ;;: ~ ., ,. fJ :::. -4 ~j -;:; =:~ f~ ~:~ ~ ~.L.J ,.., '" .., !" ... o~ ,,- ~ > E '0 "" " 1.. ~~ , ~ <-;:; ........... M ... ~ '" ~, 5 :~ :r O'! ... ~~"-Jl :J I; c.. ::: "'1 ;...: C':l"'" t': r-; _~.., .-~. -:;.. .... '"' 0 ::)_ ~ == -... r :..; c: - Lt. :::.J ).. C'1 .... ~ loJ ~ -; .-<. ~ ..., ~ ~ o ~.-.... '_0 ~ 0 2 E.. <:.... -. "J :l ~~~~~~g~) ;-:;~"'OC):J0~ V):":": ...., C:;"..... -.1 .... c.: C'~ -I:"'."t ~ ~;. C t..:!..... .... "_o'=; -:,.,;: 0::: C -:J- < C .... ..~ .... "" 0..;....: ,J ":' :- f-..-. ::.. '..;; ~ U..o .., u ~ :~ 0 .- c 0' ... _ .... 0 e.'1 ? '~n~::~~~; ...:.....: _I '.J:' --: N, -, ...... ~~)..).,o :---: 1'"):- "":J ""; Q ...... c..) ........ > '-i : J ..:~ ::J. .... -, 'J =i)~J~~':;L ~:';: :..~ -. ~: ~. ~ '''; ....... t~~j~;;:~f;:- E; '" 'on r- o r- ,.. _' . r! ; .... ,., .:J III I ~ ~ r;~~~ \..0 :II r1 0 C"... "J '"'...... \..0 O::\, ~rJ'.J U-.....&.I 0>-,." ~ M 0.0 ')-'O""C lU_~~~!2.NA oC ~ ~ u ~ ~ ~ ~. ..... :J \.I \..t ~ ~ .:J Q ~~~ g~:~'5 r: .n 0 '~ e.",; 0- CJ r1 > . ':l . "" ,:, -' C\, ~ ~...... ('.0 U '-- l,) 0 0;:10 r.J')O "-':oJ. ~ ...... ...! ..,~ '.... rJ c..: f3 ~,~ w c.; ;J 0 c. ., _ Vl "J C C. >-~. 1.. I.J > -t . U '-.) 0 ..,......J ... ~ u_ Q \..t :: 1, 0 __, ~'i. ~ .'4~ ." \.0:" r1 'J C )..f .... c.. _... 0.1};:) ,) 0..... ....4-""}..o '"' t.):.r ..f -, C "TJ ,oJ ~ ~ ~ ;... ;"'.0 '_' > .... l'.4 >1':; ~ ..~ ..... U c o~;!;~ g ~ ~ J ~j ~~; ~ ~:I'~ \~ ....4 v ~, >--~ 1.1 ,~ c. U ....t '-4 ~ 0 U --J C.)Q . , ... ... ~ ...... c: 7- :; "' ,; ~..: <= <, ~ot :::~ , e..~ :- :J-~ ~:~,~ t,,;:::; ~ " ~ rl . ""1 "" ... ~ ... ... ... ., M ., ... ... ., ~.. rl o '" 000 ...'"\ .VOl V"'\ o ~. a VI a '" o VI o on VI -0 ..... c_ " n ~. .... ." '" "'. "" '" <0 '" VI '" '" '" '" .... ~ '" ~' r- ., '" on r- " '" r- ~ o VI '-"q ,.:,. ~:'l ~I ;,\ c.: 'il " :~ I ~Ii .. . ,- < . " J < C'~ 7- Vl .;) G: i: < 0 C' ~ U ", .., < C~~ ;. ~ u ,'" " ~ :2 7- '^ '" ' ~ ~ ",. .- to. 1 ~1 \:-. '^ .... r- -=? ~ U>:r.n ~~~~ '" L.... ~ "; C::~:.G '^ '^ -.::::.... ~ 1- '" '" on ." V1 "'" 10." ,.... ,.. .... " ~ " '" r- " on '" on 0'\ 0_ 0 ,.... ,-...: N on ." VI '" ',1 ~. . ., 0;&:~ L:I 0 ~ ,~I ~ I ~! ~.: .>-1 .~ .. ~: ;. '" oJ .., ..; on (;=-V1 u'.}'.l ~~~ ..; '" .... -, VI .... ~, .~ r- " ,.... N ..; a N ..; ~ u .... .. .. u u ... .. .. o e " " ~ " " A u .. .. ... ~ " OJ V .. .. " c o OJ " ~1 " <I ;- " ., "(; ~ ., > ,,; " " .<: " .:< u v II " ~ nO . :z '" :.: ., '" ~ :'j r.. c:; .::: ;.~ .... :] :, '4 ..., ~ ." : ~ l..o ;'. ... ~~ ~ "' -, ~ ., 'oJ z m.. " ~ "'I " ., ('If;:..;. B!~;I el :. .+, ., ~I :.) :.; -. ~ "J ." '" ~ II ;. ~ '-l R -< It ~ .. " ... " IJ ~ <J ,< :S :< " .. ] ') ~ .. ~ ... ., " " , .... '\l .. o <J .... ~ v .. .. (l <= 'J n " .. .... 1- .. <J ... ., 0' , ~ ;1 .. ::: ~ ." " Z ... " <J Q ~:o.' , , . :~ ... ~ II (J G .., ;.j :.0 '- .'. "\. ~:: r " ... 177-13 .... '. ". .' - p... 0- ~.. .., U LI a' ~ u, ~. "- ..., '" >~ 0.( e "" r << p... o z ..0 .., .1 o > tX ", .... .... o u, u: -I 0.( <>C .... o .... ... --:-.- - ...,.. , , .. ..~." .... I> ...... .:~<o ,'f 17711 t ::; ,..: I ~.. , ""~; ~ ;" ~ ...~- ----._-- ~~~T11: ,... ,:.. . .: , . :~ ',';! t : ~ I > ...... I. .-- - 7 ~~; I! ~ I t ~-- ~ ~ 1:1 . ~r~;;r iJ I';! c :'L--L~_ .. .., t\,. . >- 0 ..,r:..... ~ 1-c u :: (,) co ..... (J "J._ ..; 0 .s ..4 k':~ ~ ~ ...~ ~ .~ ~ ~ ~ f~ . ~"f g ~ "11''0- <'1"" :~~l:~~~:;':::~~ ~~~? ~.~~~ '::f ~ U (.f..:.........;. G . . :... ~ .,J....... :) ~. (.) _ i.<'" .'~ (J ~ ''''; u - r". -.: ;: L:-.: ~ ~ ... ~ 3; 1.. >.. ^ ::; CJ-l-o..-..-l \:. \.......... ..:.. U....-f ,~_..; '" c ~ E- &- ~ t .;~ ,-' . ): ~:l.:.,;.... o.r. ..... U...... ....... s.. ~ C. _. .t ...: ,;..,;. ."; 0 .....J ;">'i1;UC _.... ......\.,t -J..' .-: ""_..., .c:: ..:... :.: :: Co ...... ~I .t. _ :.. r- ..J :..: ._,~ r"~,: .... ~ ...J :> :;t ~ ~ E ... . ... t.: r:: ':.# u........ ..~ ~ ~~::: : "t; ~~ ~ .~ ~. ~ t~ :: ~4 ~ ; ~ j- f ; ~ ~ ::; .... -' ~~ -:;.~ :. ~ .;:," .~ ;: -:.=: ~ U~:3~~ .:z""~ i .. ~ g ? ..~ '" .~ "l~ ~ ..~ .;; ~""t-<oN'" ~-,... u t: r:OTrCGS V"'^'^'^V\ "0 .., ..0 ..0 ....0 . . . . . .... .., . '" .., . '" '" . .... .., . o ~ . I .... .... ~ ~ o ~ o ~ oJ"\--~-~~-;\-- "" ~ ...0 '-0.-0 ..0 -.0 -0 -0 ..." V'\ "'" v"\ V"\ '" 11'\ "'" l("t ... ..... '" '" '^ . '" ''^ " .., .... .... . . -" .... N .., ..! (; ~ t:! '" :..-! ~~ . '::1 tl ;1 ... ,... .~ f1i1 ..,'=1 ..r~1 N..... :;:;; ': ~"i}1 ' N I ~ ,- l.:.- ~A:WII ,.: i::; 1 , ,.-!f 7::~i ~;. r--~ ~; :~I ~:_L. ..':l~... ;:: <..t~ . "t.. \.... ,... :..' ._--~". . .. g . "".. ~,) C\. >0 X .., >. ~.. - ::J_"^ a. . (') ~ ...'1 ~ V' \ol -.:; () :.0 () -;: :I ,.:.t . u >-'~:"__~.:J '.'L.o~ '-..._ C-. :>' ~. '"' ;:. u_ ~ Q c:.: > '.1"" :: Co - ,.. c.: _ ~;I> ,. ",:.. l": " U :, (J 0. ..:J ~. ::. I; t.' '" .,z; o :l .:. (, . ~ U L. c:.. \. ... ,,, T ~ ""I ~ uii ~ ~ ^ 2 .. c.._ ~ . c.. ._ .. . on lL. <J :.: O_V.c;.'\ '-1o f' ,. ~ "t.' ... r. v. (: ~ ~ .......: ~ :....~. :I C' .."l (,I C ,. ...... ... _ eo. c -; '^ ., () - >:-..:- - ...... ;~ '. <"~._::.t:J., . i: ) ~ ~ . lr. .~....,; ).;~-:-.:~.: ..~. ',,:,:'" J. ~.. ;; ;. ': ~:? ~, ;.:. ~. ..;.,: _4 ," r :~. ~ .: ~ ~ ~ 7~ ~.: '., . ~ U \. _ ~ ." -:.' - ,0 \..; U ~ u '" ... ,.. (~ C. L. '\: ~ ... :i ~: ... ~ :: ~..' ~ f ;) ......: - '" or. ;. V .. '" '" '" '<> '<> .., . . . o " . o " . " '0 ". . '" '" "' ,. .., " ol: :. .. ~~ -" e ... '" C ." ~ ~ .~ o '" ~ >- ,~ ~ .:<- 1-4.1/ '" g :; (,,1 U ~ ~.}! ~ .. ^ ~ >- ~; :._c;.) ,..~:: c ~~-.~'" ;;~ ..--t k i~ ,.... ~ ...: r; :> ~t ~, OJ .......... "J 0 t.- 'J ::.. ,. _ c: :> OJ :;..,. ,.......:= 0_10 '..J ".. U 1-. '.. .... ... ...:, -I 'J ~ ~. :. ~. ; ~ ~ J ~. ~ C ~ ..;;. ~ . C ..... ... U ." ~ :;: r.::~~;"'~ ~-;;.. ~ ~-' 0 U; \. ....... :,.. > ...... ~ -: ::e ~ :; (J'.( V --_ -.... .....~..: . > ~ .~ ~~ ;.~ ~ V ;~ .-: ~J : ':J:" .: . l,.; '..1 ~ ~ ~ ~~.:~ ~~ ~~ ~ ;] ~- .l '-.: "J' l' ... '.' ',1;'; :-......._ . ": -_: .... "'; .4 ~ t~ f--o ;,...;..... >-.;:'# ~.; ;,..: .....:J ;.. :.-. :.' ~ ~ N'';'~ :..:_4....~ ._-~N tj..~:...~L.tM ...... ..-~ ;:.... "'... V (. 14 :J 2 ~ ,"I ~ G -:. > ;)..........,....-t- 0 '" '" N .. . .., ~. " "to c: x" t.l . '\J ..r: 0 0 ...... ~ 4J ..")....... ~ t'I \. ..~ ") :3'" x" _~~J-.. .....c...~ >-.;...t..~QE ..z. _: C"l N ~. {, '1 ~ I fJ ..-4 ....4 e.J -J r;, !.J n to: "'.' __ C 'J -;;... '.' ') '_' l, ^ ~...... '.I).:.c ':J c:.-':~~~v~:':'~_ ...... ..... (.l ~4 0" U ,... q~.:;..t.~ ~~ ~.:;; :. :... U -J t:.' V 'J '.I 0 0 I.":......... _ M " t:r,a., Co', .< '4 :l -- ~; --: "':'J V\ 1-0 .:::. h cJ >.>--.; ::.J~~ c... t; ... C" ~. u". ,0: .... ~ <"': 1. .-:: ::l -- ~ .... :J ,,~ ) ......C':;;...J L"';':' :. IJ:'" C . >.. . -~:4::2~:~~~~ ~ ";; ~... ~_ ~ 2 ;.-.-- '" :- ~ ~i ~ :~~~.."~~~ ~.' ..... ..;. ~'"l "'1 u C:', ~ .:; 0 ,_ ~ ......O'. -;....... 1,_ (.": c,'..-.. __ r""o. C V b U .... .... .-. ..... .,~:: ::: f-. .., ~'" :; "J r: ... .......... ,. ~ ;:.. :- .... V :: IJ 'J ~ -: ~ " o.l 1..-1 --".....:;'". ,.., t: <:J .c.. 0 U ..: ~. \~ ~ ~ ~ ~ >.ow ~"'4""-; '1-: ~~ ~ g :: ~ ~ ; <.~ ; ., o ~ -. " .; o 0 ~. -7. o ". (") ~. o ". o ~ o ~ '^ ,~ .... .., '^ ~ .... .- ~ ..; '" j ... ., .. o '" .: " .1 ... .r. {-', , C " ~; ,;.. .. C , 2. ~ 2 G < >: !:.: ~ ~ ... " o ~ \1'\ \t'\ '" ....... '" NN (.I)r1N.-I ..... N 0 0 (> (,), ..: .-: ..: .': ~_.:!!-~--~-.::-- ... .. 'J '" N ... , .r. ., :J " " -e So .. 'C C j -oJ C .. o (") o .... to '. ., " j '" .., '" . '" '" .... ~, '" . on z ~ 2. < ,. ~:.' '" :.< (l '" i-' ,.. " ... " W (") o '^ ,.. .. ." ,., o ,< I .., o c....'I ,.. <. u ""t..i;~~ ::::: ~ 11 ... {; h e 0...... c:J "4 ..."" ~. r..' ,t "1" ,..1 ).:J 0 " V) " ~ C'~ ~ e.:J ~J.)t . ~Il~ ~ ~ p..: s..A O'.... ..a ...,...-4 :J ~~ g 2:'<: -:: '.-4 ...-4 .. l..I"-i u_ " u.. " c ... r. ("_'"1 t1 .. >- '" ~r-::,~ ) ~ r":O t: co . ';.., ... '-1 14 uV'\ "u" rJ ..1 t4 >r.~o ....... Q ...; l-l..' 1.4 f': 't;"?.~ :J ~:i .., E tf1 "C .; IJC"7) 14 ... <) CJ 0 5': ;,. ~ :J o.....a -< : ..... Q -1 ::J ~. ~........-~ .., " .D .r. e) 6 ~ C; c. c, ~ ? ... ,. I' ~ a ~. .., 'J ,) ,..... .~ :J v .. ~ " " .. .. " u " ... .., ~ I. U '" ~ .. . 0 ., .... >- .:< o .. ... ... C 'J .. o o .;j :.< u ::> '" .. ." C " .. ~ aJ ~ '" .., . o 'OJ . '" '" .-. . ,( .... .., . o ~ '^ .., . \. 'J > ~ .. ... " w o o o e .. o "~ '" ~ " ., '. ",":...~ ~Il (.: - <' ~ I ~I .. r< c ... ;: <:; < .-.: <> " < ,. t> < t-: 2 ~~ 2'! ... >- r " c '" z < M..-.. ~ .-; ~ ,U ~~.-.4 :) ;-..~: ~: '" ~ x x ~ '" ,} f-o ~J ~ v. 7. <' 0- ... <.; ~g ~-: c... :~ ,.... ., . .~ " ?; l~ ~. ,.. :- < ~ 2 .u -C ;> '" ., ') '" .... .., . o ~ '" ;:; . '" .., .... . .., '" .; '^ " .... . '^ '" . o ~ '^ '" on . (... :..'" .: t: ... ... .",.." .J :i) l.~"; ~.:'7 t~ . ~'.: ..... ~i ~ ;.... (,.. .' ;'.' ....-...("'1 !: ;', ;.. ~ ..:~ ~ .~ ~ ~: ~'~ ~.~ ~ . ~.., i. ~ ,. ~.. 10 ;; ,.) ;. '.' t. ':" . ::... '" ..-:; ,.:7:...... ~ i": ~ ~ .,.I :.: ~., - U "') ~ Co \ ' ... ~ 00 . o . \. n " 'J > .., :-""2 .., ,~ .4 X I. _-~ <.': ~ U (.I";; "C' '-~ ,') ..: ~ ... >. .-) ._........c ;:' .......1 ~--. , '': l...... .::. )> . ~ -' . ;. ~. ~.... -:: ,::..-- J v ~, ;; '.; ~ ..~~ ~ - ";; L. .. ~~ (- ~ .,: ~ ~ ~ ~. ;; ;~ ~...:s . ~ _; '..0-' 1. :J ... ~ r. ;,.-'" (.' '" ., .... ~ ..:: t....:. :& .: l, " ;-. ~, ~~ ~. ~. C') :,' <.; ;... 1-0 ",:.. Q ~ ~~ ~ t.-;' . ,,' l4 ~-' (') ~, I.. _..... .. .:.. .;.._ <.J """ .. J _ <) .'-...4 .... (')::..:. .. (, J .. 'J.."\.... ){ :: l: ." ,,', " ~. .., . ....::.;~ t- ;... \L _. ...1 .... ",'.......... , ;.0. \, " ____ _ . ..... .... - ~... to' t. ;..~ ('"'C ( ~:~"':.~l~~~ I.' ..]....l "~ t" I (.) :l l._ ~, ~. #.: t.. . :-.'J 'I l. ;_' ,I..~ ;";'.. :~ ~.~ ~ ~ ~ i~ 0 .., \ -;; . C. . ~ ~ [_..a~ .~~'':j .,..:~ 0.,.. ~ c. :.>.... f..- ;': ..4 '\J ~1 N'J >.:........: c ,~ ;... 0 . ;::....~' >-. ~4 t'\ rr. V ~:... :-.......... ~ ~ ,':;.,J _/"\ ":J c:. t ~ 0-_ ~ i '..: ...."'1 J..,....,. ~1:'- :.; "",,:J '-I.' ._, ~ () ... r-, ':" (. :0 (J ,1 ,) .- 101 J.o . \. "J - .'" :... .. IJ ~. _' .1 ~.1 ..... .) > ~ i- ~ - j \.0 g ~_ ~ :: ~ v ~ :. J \. ., ~ c..:, .: ... .r: ~) :i ~'- :~ u ,.. :! ~ ~ t.. .J 3 ~_; :: =-; ~ ~~ :~ t~ ~ ~ ~ ~]j ~ .:,..... .... . Io,' '01 ~J (: r. -) oj :' .... _ ..., ,') "'" _ c: '. ~~ >- \. . ,; >.., -:.' ~ ...... t ~ ~ q ~ u :.. ....: 7, f.... 'J'1 "I!"' C _;. ......,. f_ ,'.. ~ #.. (" >. .... :' :; ~, ".J C ....:' ~. \. ..... \.0 _~ 1: :J;J"" 'J I...,,,, ._:~~ ~~:..~...~; ~~.~ ~~~ :. .' OJ <', \. ~ III l; ;1..... .: r. ."' 1 t_ .... .. ., lJ .; J ...4 _~ : ~ I'~ :;..~ ~ : ~ r: .."; . ..:!" .., ,,:: ," ( , ;.-. ,1 ~.J. ~. ,1 oJ ... -' '.' ", .! ~ <.) to'. ...... ;... ~. "." .....!WI r"l "'. (.).,... \.0 l.~ ColI I.: .~ ~ ;.0. I; N ~; .;~ : oJ ::~ ~ ~ :,.'.: ...:;.... ') "'...,..,., :.... ..,.. .~ "" lJ .J",""'" ..I~' \, -.;.. _.. ..3 '.. ,.... l' '_' 1.... \.0 0., t. ~. ~." 1-0 " .-. .. h.,. \, ~ U .4 t,J tot ,~ :, '" -. :.. r~ ~...". " .; ,..) (J .1 ;; ~ ...~ :~ ~~ ,v.. ''; ~ ,1; t1: ; ~ " r' " .4 ..) \ I'- - "- 00 " M ~ W '" ~ ... ... n.. UJ '" ----------. ...... ~ ,... \) ~, _ ~~~ ~~ ~~~ :~~~ ..:> \t'\ > . ;:::, '_ .:. '.-0...') ~........ r.~ ..; - ~ ~ ~ .~ c. ''; ~ ~ :. ~ 2 r ..~. -~..~ ~4 ?: It 1:1 -;;. ~ i ~_;.... ~ ~ ,., .., c ~ .... ~ ~ 0 ~~ ::: ~ 7 \, 3 .C: :~~1-~;~ .:tl~~~~~~~ ~ ~f ~ ~'/I r... ;.~ ~ ~:: l, :~ ~ ..-; :; c ;. \.0 ''''"0)( v.... L. ..; .J .') u ...._~....... 'J ;. o.J '':';' ,-. . l-: ... ::.::; ";; 0 ::: ," (~ ,'. '- j -: ~~ ~ " ~.~~~t~~ i~~: ~~ ') '': <.:.-.4. U -' :.. ..~ u \.. -; ..., r,;;....- _~. .;.........;~.~..-~ '.' _ ... U v ...... - ,~ ,."..:. .~ r ... .... h tI C .: II - .~.:- c. :;.. .-. I. ~ ~; ~ ~ ~ : ~ ~ ~ ~ t; ~ ~ ~t'~ .; "--' I~ ", . . -5 _ .... .... ,. '';' z ;; ,.g ~\~ :J :~ oj " ~ .....1 ,~ i.' :.J ..... 0'.-;: .: :.. .: '. -, >"- ,.,. J'I" . ~ . ~ . ~ .1 Ol> . c.. ~ - '.:J ~..... V', fJ_ '';'}. 1..;',.;)...:) \4 Ot.>.. ,:..l. ",',... .... (01 '. '.' .....:..r.,..... ': ,. ~:; :1 .:.; ~: :i G..... - ........;,... .. . '_~' ., _ &. tr\ t.,; . ~ ...: -~ .1; ~ 1~ u '" ~,' ,J ., It lot (J ':l .~ to: .' ~: U'U H " ~............. :.._..... t.; ;,; )0' ~ o .. 1 N " d z ..; '" ..J o > '" v, ... VI t5 UJ '" -. c( '" . ". '0 W ... I Page 1 of 6 SPECIAL CONDITIONS AND GENERAL HEQUIHEIvIENTS 1. LIMITS OF WORK . Work limits are indicated on the drawings. Contractor may store materials or otherwise occupy areas of the site as designated by the Landscape Architect. 2. JOB OFFICE A. The Contractor shall furnish and maintain during construction of the improvements embraced in this Contract, adequate facilities , on the Project area or adjacent thereto. Locate as directed by the Owner for his use and the Landscape Architects. Facilities shall consist of: (1) Trailer or shed adequate sixe for office space. (2) Adequate sanitary facilities. Office shall be wind- and weatherproof, furnished with sufficient window lighting to permit the reading of blueprints, and have a table or bench not less than 42" x 72" in dimension. A complete set of full size plans and specifications shall be kept continuously in this office. The Engineer and Landscape Architect shall have free and unrestricted use of these facilities for all purposes con- nected with the work. B. Subcontractors may maintain such office and storage facilities on the site as are necessary for the proper conduct of the VlOrk. These ,shall be located so as to cause no interference to any work to be performed on the site. The Owner shall direct locations. C. Upon completion of the improvements, or as directed by the Land- scape Architect, the Contractor shall remove all such temporary structure and facilities form the site, same to become its property, and leave the site of the work in the condition required by the Con- tract. 3. PERMITS AND LICENSES Apply for and be issued all necessary permits licensed to perform work for this project. 4. COOPERA TION WITH CITY FORCES . The Contractor shall cooperate with all City forces which may do work within the Construction Area. SPECIAL CONDITIONS AND GENERAL REQUIREMENTS Page 2 of 6 5. VANDALISM The 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 permission 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 Landscape Architect. 8. INVESTIGA TION OF CONDITIONS A. The Contractor shall visit the site, examine all documents and make known to himself the nature and character of the project site and its general and particular location, the physical and con- tractural 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 commencing the work. 9. UTILITIES A. The Contractor shall maintain flow in all existing utilities. B. The Contractor shall obtain utility improvement plans from the Landscape Architect or reference and exact locations, distances, levels, etc. Verify before work is initiated. The Contractcr shall protect all utilities and repair any damages which result from his operation at his expense. C. Water and power during construction: (1) Contractor shall make arrangements and pay all costs for water required for construction purposes. Contractor shall . SPECIAL CONDITIONS AND GENERAL REQUIREMENTS Page 3 of 6 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. (2) The Contractor shall provide, at his expense, any temporary power required for this work and shall remove same upon completion of work. 10. CONSTRUCTION EQUIPMENT A. Contractor shall erect, equip, and maintain all construction equip- ment in strict accordance with all applicable statutes, laws, ordin- ances, 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 facil- ities 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 "Manual of Accident Prevention in Construction", latest edition. B. Shoring, staging, runways, and similar equipment required for construction of the work shall be provided and maintained by the Contractor. 11. FENCES AND BARRICADES A. 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 obstruction made in a public place for carrying on the work covered in this Contract. Leave all pro- tection in place and maintain until removal is authorized. B. 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 tq preserve the trees and shrubbery. 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 within 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. SPECIAL CONDITIONS AND GENEHAL REQUIREMENTS Page 4 of 6 12. REMOVAL AT COMPLETION Upon completion of the work, or prior thereto when directed by the Land- scape Architect, 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 substantially their original natural state, or when called for on the drawings, complete areas as shown or noted. 13. DUST CONTROL The Contractor shall provide and apply dust control at all times including holidays and weekends, as required toabate 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 equip- ment for dust control shall be sufficient to effectively prevent dust nuisance on and about the site, and when weather conditions warrant, sprinkling equipment shall be on hand at all times for immediate availability. The ~andscape Architect 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. 14. AS-BUILT DRAWINGS A. The General Contractor shall maintain as -built drawings of all work and subcontracts, continuously as the job progresses. A separate set of prints, for this purpose only, shall be kept at the job site at all times. It shall be required that these drawings be up..:to-~te, and so certified by the Inspector at the time each pro- gress bill is submi~ted. B. Upon completion of the work these drawings will be turned over to the Landscape Architect for incorporation into the as -built tracings required by the City. C. The up-to-date status of the data and its transmission to the Land- scape Architect shall be conditions required for certification of pro- gress payments and last payment before retention. .. SPECIAL CONDITIONS AND GENERAL REQUIREMENTS Page 5 of 6 15. STANDARD SPECIFICATIONS Whenever reference is made to State Specifications or Standard Specifica- tions, it shall be understood to refer to the publication "Standard Specifi- cations - State of California, Department of Public Works, Division of Highways, January 1971". Whenever reference is made to A. S. T. M. , it shall be understood to refer to the latest publication "A. S. T. M. Stan- dards" of the American Society of Testing Materials. In the event of a conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall rule. 16. CODES Materials and work under this Contract shall be in accordance wi th the following codes: Uniform Building Code Uniform Mechanical Code Uniform Plumbing Code National Electric Code - ' 1970 - 1970 - 1970 - 1971 For items not otherwise specifically covered by the above codes, use quality indicated by California Administrative Code, Title 24, Building Standards. 17. PROGRESS SCHEDULE Within ten (10) days after the effective date of Notice to Proceed, the Contractor shall furnish, for approval of the Landscape Architect, three (3) copies of a bar graph schedule covering phases, times and estimated completion date of the various phases and operations. The approved progress schedule shall be adhered to throughout the Con- tract period. 18. FINAL GUARANTEE The Contractor shall be held responsible for and must make good any defects, through faulty, improper workmanship or materials arising or discovered in any parts of his work within one (1) year after the com- pletion and acceptance of the same. The Bond for Faithful Performance, furnished by the Contractor, shall cover such defects and protect the City against them. SPECIAL CONDITIONS AND GENERAL REQUIREMENTS Page 6 of 6 19. DRAWINGS Drawings furnished by Royston, Hanamoto, Beck & Abey, 50 Green Street, San Francisco, California. Drawings dated June 26, 1973 consist of Sheets 1 and 2. Sheet No. 1 TENNIS - HANDBALL COURT PLANS & DETAILS 2 ELECTRICAL PLAN AND DETAILS . Technical Specifications Division 1 SITE GRADING AND EXCA VA TING Page 1 of 5 1. GENERAL The General Conditions, Supplemental General Conditions, Special Con- ditions, General Requirements shall apply to all work of this Division. 2. SCOPE OF WORK The work under this Division includes but is not limited to: A. Clearing, grubbing and preparation of site as indicated on the drawings. B. Excavating, filling and grading. C. Protection of existing trees, plant materials, utilities, etc. D. Engineered fill. E. Establishment of lines and levels. F. Finish grading, placing of topsoil and stockpiling topsoil. G. Disposal of excess materials. Include all labor, materials, equipment, tools, transportation, services and operations to furnish the work under this Division, and all major and accessory work and materials to achieve complete installation; all as indicated on the drawings. 3. CLEARING A. Remove all existing shrubs, grass, weeds and other vegetation, or obstructions that interfere with the construction of the installation of utilities, site grading, grading for paving, etc., as indicated on the drawings or required to complete the work. Do not work within the drip line of the existing Oak tree. B. Disposal of Materials: Remove all rubbish and other undesirable materials resulting from site clearing operations. Burning of materials shall not be permitted on the site. Upon completion of site clearing work, premises shall be neat, clean and in condition to receive subsequent work. Division 1 SITE GRADING AND EXCAVATING Page 2 of 5 4. GRADES, LINES AND LEVELS A. Set bench mark at northwest cornerof the property line. B. Complete layout and establishment of the layout grid or base lines and grades stakes as indicated on the drawings shall be established by the Contractor. Contractor shall be responsible for the accuracy of all the above surveying. c. Existing and finished elevations for all work to be constructed under this Contract are indicated on the drawings, and unless any inconsistency therein is brought to the attention of the Landscape Architect in writing prior to commencement of construction, the Constractor shall be held responsible for the proper location and elevation of all work. D. All existing bench marks shall be protected and maintained during the entire course of the Contract. Monuments or stakes disturbed or destroyed by anyone during the course of the Contract shall be reestablished without additional cost to the Owner. E. Areas shown to be graded shall be graded to the new contours, cross sections, or grades shown. \Vhere surface treatment is in- dicated, grading and excavating shall be to the required subgrades. Finished grades designated shall be to the surface of any topsoil called for to be left smooth and even, and shall be finished one (1) inch below surfaced areas, tops of curbs~ sidewalks, etc., or as . indicated on the drawings. F. Drainage swales shall be constructed as indicated on tre plans, or as required to provide adequate drainage from all areas to drainage facilities. G. The tops of all manholes, cleanouts, valve boxes and utility boxes in all areas to be site graded shall be adjusted, if necessary, to meet finished grades. H. For engineered excavating and backfilling, see Paragraph 9 below and Divis ion 2 - Subgrade Preparation. 1. All excavations shall be of sufficient size to provide ample room and work space for construction of forms, shoring and bulkheading as required. Division 1 SITE GRADING AND EXCA VA TING Page 3 of 5 5. MATERIALS A. On-site materials shall be used for fills. This material shall con- sistof clean earth containing no rocks larger than six (6) inches in the greatest dimensions, and no roots, vegetable matter or other deleterious substances. B. Extra soil not required for fill shall be spread on site as directed by the Owner. 6. EXCA VA TION A. Finished grade elevations are indicated on the site drawings. Be- fore placing; spreading and compacting fill material, the existing grade shall be cut to depth not less than six (6) inches below the finished grade elevations shown or implied. For dep.per cut re- quirements, see Division 2 and drawings for detail information relating to tennis courts and walkways in this Contract. B. Subsequent to the excavation operations, the surface exposed shall , be plowed or scarified to a depth of at least six (6) inches, until it is uniform and free from large clods; brought to the proper moisture content by adding water or aerating, and compacted to the following densities (see Division 1 - 7E) 7. PLACING, SPREADING & COMPACTING FILL MATERIAL . A. The surfaces to receive fill shall be plowed or scarified to a depth of six (6) inches, and until the surface is free from ruts, hummocks or other uneven features which would tend to prevent uniform com- paction ,by the equipment to be used. B. After the foundation for the fill has been plowed or scarified, it shall be disced or bladed until it is uniform and free from large clods; brought to the proper moisture content by adding water or by aerating, and compacted to the same relative density as the fill. C. If any localized soft spots are detected during the rolling operations, the soft soils shall be excavated and replaced with compacted fill materials in ac~ordance with these Specifications. D. The select fill materials shall be placed in layers which, when com- pacted, shall not exceed six (6) inches in thickness. Spread each layer evenly and thoroughly blade mix during spreading to insure uniformity of material in each layer. . Divis ion 1 SITE GRADING AND EXCAVATING Page 4 of 5 E. After each layer has been placed, mixed and spread evenly, it shall be thoroughly compacted to the following densities: (1) In areas of walkways, tennis court and handball courts, each layer of the fill material shall be compacted to 95 percent of the maximum dry density. (2) In planted areas where there is not future construction plan- ned, each layer of the fill material shall be compacted to 85 percent of the maximum dry density. (3) Fill.slopes shall be compacted by means of sheepsfoot rollers or other suitable equipment. Compacting operations shall be continued until the slopes are stable. While no appreciable amount of loose soil will be permitted on the slopes, com- paction shall not be so dense as to prohibit planting. F. The fill operations shall be continued in six (6) inch compacted layers, as specified, until the fill has been brought to the finished slopes and grades as indicated on the drawings. Refer also to Tennis Court Specifications. G. All earth moving and working operations shall be controlled to pre- vent water from running into excavated areas. All water shall be promptly removed and the site kept dry. H. Seasonal Limits: No fill material or topsoil shall be placed, spread or rolled during unfavroable weather conditions. When the . work is interrupted by heavy rains, fill operations shall not be resumed until approved by the Owner. 8. FINISHED GRADES The finished surface of the grading plane at any point shall not vary more than o. 10 foot above or below the grade indicated on the drawings. Sur- faces that do not conform to the above requirement shall be reshaped to conform to the specified tolernaces, all at the Contractor's expense. Soil adjacent to improvements shall be one (1) inch below top edge of pavements. Division 1 SITE GRADING AND EXCAVATING Page 5 of 5 9. CLEANUP Upon the completion of the site earthwork, the Contractor shall remove all surplus construction materials, earth and debris resulting from his work so that the entire job site is left in a neat and orderly condition. The Contractor shall make his own arrangements for disposing of debris and waste materials outside the project area and he shall pay all costs involved. Technical Specifications Division 2 SUBGRADE PREP ARA TIO~~ AND BASE MA TERrAL Page 1 of 3 1. GENERAL The General Conditions, Supplemental General Conditions, Special Con- ditions, General Requirements shall apply to all work of this Division. 2. SCOPE OF WORK A. Perform all work necessary to prepare finished subgrades under general tennis court areas, paved pathways, handball courts as detailed, including practice tennis court areas on either side of handball courts. B. Furnish material and construct aggregate base at locations listed above. Aggregate base for tennis courts to be furnished and installed as detailed on the drawings. 3. SUBGRADE PREPARATION A. Subgrade is that certain area on which pavement, surfacing, base, subbase, or a layer of any other material which may be specified is to be placed. . B. All subgrade shall be plowed or scarified to a depth of at least six (6) inches below the final subgrade elevation; and by harrowing, dry rolling and breaking clods, the earth shall be brought to finely divided condition. All boulders, hardened material, or rock en- countered shall be removed and the earth shall be uniform for the full depth and width of the sub grade. C. The loose earth shall then be thoroughly watered, in a uriiform manner and quanity, so that the penetration will be at least four (4) inches and as uniform as possible to obtain. D. The earth shall then be harrowed to mix the wet earth with the dry beneath, until the whole mass of loose material is at the proper state of moisture for compaction. E. The finished subgrade, immediately prior to placing subsequent material thereon, shall be in accordance with applicable parts of the Standard Specifications for Class 2 Aggregate Base. F. The finished surface of the subgrade at any point shall not vary more than O. 05 foot. above or below the elevation indicated on the drawings. Division 2 SUBGRADF PREPARATIO;'T AND BASE MATERIAL Page 2 of 3 G. Subgrade that does not conform to the above requirements shall be reshaped and recompacted to conform, all at the Contractor's ex- pense. 4. AGGREGATE BASE - CLASS 2 A. Materials: Aggregate Base shall be Class 2 and free from vegetable matter, and other deleterious substances. The percentage com- position by weight of aggregate base shall conform to Section 26 of the Standard Specifications. B. Deliver to site as a uniform mixture and spread each layer in one operation without segregation. C. Spreading: Class 2 Aggregate Base shall be readily compacted and spread with equipment that will provide a uniform layer conforming to the planned section and as specified in Section 26 of the Standard Specifications. D. Under the tennis courts there shall be an eight (8) inch thickness , aggregate base. The base material shall be spread and compacted in two (2) layers of approximately equal thickness, and construction and material shall conform to Section 26 of the Standard Specifications. A sufficient number of grade stakes shall be set across the court to assure accuracy of slope. 5. CONDUITS, PIPING, ETC. A. All electrical conduits shall be laid, trenches backfilled and com- pacted prior to placing of aggregate base. All "stub ups" of this work shall be carefully protected from damage during placement of stabilized base.. . B. Compacting: Aggregate base material shall be watered in a uniform manner and quantity to provide the proper state of moisture for com- paction. C. The relaitve compaction of each layer of compacted base material shall not be less than 95 percent as determined by Test ~ethod No. California 216. D. The surface of the finished aggregate base at any point shall not vary more than 0.05 inches. . Division 2 SUBGRADE PREPARATIO"" AND BASE MATERIAL Page 3 of 3 6. CLEANUP Upon completion of the subgrade preparation and base, the Contractor shall remove all surplus construction materials, earth and debris re- sulting from his work so that the entire job site is left in a neat and orderly condition. Technical Specifications Division 3 ASPHALT CONCRETE PAVING Page 1 of 2 1. GENERAL The General Conditions, Supplemental General Conditions, Special Con- ditions, General Requirements shall apply to all work of this Division. 2. SCOPE OF WORK Asphalt concrete paving, including practice tennis courts on either side of handball courts, and two (2) inch thick asphaltic concrete paving on eight (8) inch aggregate base at te!lnis court areas. 3. RELATED WORK IN OTHER DIVISIONS A~ Subgrade preparation and base material, Division 2. 4. MA TERIA LS A. Prime Coat: Liquid asphalt (SC -70) in conformance with Section 93 . of the Standard Specifications. B. .Tack Coat shall be diluted SS-l or SS-1H Emulsion, or an undiluted RS-1 Emulsion, and shall conform to Section 94 of the Standard Specifications. C. Fog Seal Coat: Diluted SS-1 or SS-lH Emulsion, and conform to Section 94 of the Standard Specifications. D. Paving Asphalt shall be steam refined penetration Grade 85 -100 in conformance with Section 92 of the Standard Specifications. E. Aggregate: Coarse and fine aggregate, and shall be Type B. (1) Aggregates for asphalt concrete surfacing at tennis courts shall be 3/4 inch maximum medium grading. (2) Aggregates for asphalt concrete surfacing at walks and related surfaces shall be 3/8 inch maximum grading. 5. CONSTRUCTION A. C1.ass 2 Aggregate Base shall be spread, placed and compacted in conformance with Section 26 of the Standard Specifications, and Subgrade Preparation Division of the Specifications herein. Division 3 ASPHALT CONCRETE PAVING Page 2 of 2 B~ Prime Coat: Before placing asphalt concrete on an untreated base, apply a liquid asphalt prime coat to the base course in accordance with provisions set forth in Section 39 of the Standard Specifications. Prime coat shall be applied at the rate of O. 25 gallons per square yar d. C. Tack Coat: Before placing asphalt concrete, an asphalt emulsion tack coat (paint binder) shall be applied to all vertical surfaces of existing pavement, construction joints, and headerboards; all in accordance with Section 39 -4 of the Standard Specifications. Apply at the rate of O. 10 gallons per square yard. D. Fog Seal: A fog seal coat shall be applied to all finished surfaces of asphalt concrete pavement in accordance with the provisions of Section 37 of the Standard Specifications. Fog seal coat shall be applied at the rate of from O. 05 to O. 10 gallons per square yard. E. Asphalt Concrete: Proportion, mix and place in conformance with the applicable provisions in Section 39 of the Standard Specifications. 6. TOLERANCE The finished asphalt pavement, where not controlled by adjacent structures or features, may vary not to exceed O. 10 foot above or below the planned grade, providing it is uniform and free from sharp breaks. The cross section of the finished pavement shall be free from ridges and valleys, and be within 0.05 foot above or below the theoretical section at any point on the cross section. The thickness of the finished pavement shall be not less than o. 01 foot less than the planned thickness of any point. 7. CLEANUP Upon completion of the asphalt concrete paving, the Contractor shall re- move all surplus construction materials, earth and debris resulting from his v.o rk so that the entire job site is left in a neat and orderly condition. Clean all splash off concrete, headerboards, equipment and all adjacent appurtenances. . Technical Specifications Division 4 CONCRETE Page 1 of 9 1. GENERAL . The General Conditions, Supplemental General Conditions, Special Con- ditions, General Requirements shall apply to all work of this Division. 2. SCOPE OF WORK Includes all labor, material, power, tools, transportation, service and equipment necessary for and properly incidental to the furnishing, in- stallation and completion of all plane and reinforced concrete work in- dic,ated on the drawings and specified herein. Includes but is not limited to: A. Foundations and footings. B. Mass concrete and concrete slabs. C. Formwork and shoring. D. Reinforcing steel. E. Installation in concrete of bolts, inserts, sleeves, water stops, metal joint strips and miscellaneous iron. Provide coordination to insure that all subcontractors furnish accessories punctually, and accurately inform the General Contractor of embedment loca- tions. F. Finishing and curing. G. . Concrete work connected with plumbing and electrical work. H. Tilt -up wall panels at Handball Courts. 3. SAMPLES Samples of all materials under this Division mall be supplied as required for testing, as specified hereinafter or as directed by the Landscape Architect. 4. GENERAL REQUIREMENTS - SPECIFICATIONS A. All material sshall conform to the applicable current editions of the Standard Specifications for concrete work and to these Specifica- tions. Division 4 CONCRETE Page 2 of 9 B. Workmanship shall be equal to the best practice in modern con- struction. All work shall be first class in all respects. Con- tractor shall exercise care to make a uniform dense concrete of required strength and mix, true to elevations and line indicated on the drawings. 5. MATERIALS A. Cement: Type II and conform to Standard Specifications, Section 90, ASTM C -150. A single bra.nd of cement shall be used for all con- crete exposed to view. B. Aggregate shall conform to ASTM C -33. (1) Fine Aggregate shall consist of clean, natural washed sand, well shaped, hard, durable particles. Varying from fine to particles passing a 3/8 inch screen of which at least 12 per- cent shall pass a 50 mesh screen. (2) Coarse Aggregates shall be uniformly graded between the maximum size, 3/4 inch, and the minimum size No. 4 and shall consist of clean, hard, fine grained, sound, crushed rock or washed gravel. (3) Sand shall be a natural sand consisting of well shaped hard durable grains. It shall contain not more than 2 percent of silt and clay by weight and be free of detrimental amounts of alkali, mica, weak particles, injurious organic matter, or other deleterious matter. The specific gravity shall be not less than 2. 65. Sand shall be well graded within limits of ASTM C-144-66T. C. Water shall be free from acid, alkali, organic matter or other impurities detrimental to the concrete. D. Reinforcing Steel shall be deformed billet-steel bars conforming to ASTM A615 -68. E. Welded Wire Mesh shall conform to ASTM.A-185-68. F. Expansion Joint: Expansion joint filler conforming to ASTM D545-67, 3/8 inch thick, the full depth of concrete section. Non-extruding. Divis ion 4 CONCRETE Page 3 of 9 G. Aggregate Base: Class 2 Aggregate Base. (Refer to Division 2D, Subgrade Preparation and Base Material. ) H. Integral Color: Color and quantity schedule as indicated on the drawings. 1. Admixtures: (1) Air -entraining Agent: Master Builders Biscol Resin, Sika AER, Sika Chemical Corporation, or approved equal. (2) Water -reducing Agent: Pozzolith 3L, Plastiment Admixture, Sika Chemical Corporation, or approved equal. J. Curing Compound shall be "Westcure" process, West Chemical Products, Inc., Berkeley. K. Forms for Concrete: (1) Plywood, steel, shiplap or paper lined sheathing. Plywood (waterproof) treated for preservation and ease of stripping, Burke Form Sealer or A. C. Horn Formfilm. (2) Lumber of grade and sufficient strength to provide forms which will produce straight and true concrete surfaces at locations where concrete will remain exposed. (3) Foundations may be poured neat in earth trenches provided earth is: (a) stable, solid and reasonably true to lines and grades shown on the drawings, and (b) footing width is in- creased by two (2) inches from dimension given. (4) Forms for pavement shall be 2x4 Douglas Fir. Curved shapes may be formed with sheet metal or plywood. 6. DEPTH OF FOOTINGS Bids shall be based upon depth of footings as shown or down to undisturbed soil as specified. No additional payment shall be allowed where deeper excavations are required because of over excavation. All footings shall bear on solid undisturbed earth, or on compacted subgrade. 7. PREPARATORY WORK Concrete construction to receive work of other trades, or for other materials or items, shall be performed hereunder. Proper provisions Division 4 CONCRETE Page 4 of 9 shall be made for all recesses, anchorages, blocking, inserts and like items. Notify other trades for their installations and preparatory work well in advance of placing concrete. . 8. FORMWORK - CAST IN PLACE CONCRETE A. All forms shall conform strictly to shape, lines, dimensions and details of concrete work as detailed. B. Design and construct forms to prevent spreading, shifting, settling, or leaking when concrete is deposited. Forms shall resist deflections of more than 1/8 inch between supports after concrete is placed. C. All wood borad and strip forms shall be thoroughly water soaked 12 hours prior to concreting. D. Forms shall be chamfered only at locations indicated on the drawings and by means of mouldings placed in forms. E. Form coating shall be applied before placing reinforced steel. F. ,Reuse of form material will be allowed after tlrorough cleaning. 9. PLACING OF REINFORCING STEEL A. Accurately locate reinforcing steel in the forms and firmly hold in place before and during the placing of concrete by means of wire supports to prevent displacement during the course of construction and to keep the steel at proper distance from the forms. Firmly and securely hold in position as specified in Section 52 - 1. 07 of the Standarq Specifications. B. Bar coverage shall be to outside face of bar. Steel shall be placed and lapped as per Section 52 of the Standard Specifications. C. Wire mesh shall be rolled flat before placing concrete and supported on chairs to height indicated on the drawings. D. All reinforcing steel shall be inspected by the Landscape. Architect prior to concreting. Reinforcing steel placed in walls shall be in- spected by the Landscape Architect prior to closing of outer forms. . Division 4 CONCRETE Page 5 of 9 10. HANDBALL COURTS A. Schedule floor slab construction to provide base for pouring tilt- up wall panels, and time for curing panels, to assure complete operation within the contract period. Contractor has option of pre- casting panels off -site and moving them in for installation. B. If court slab is used as base, a center strip of slab 16' -6" wide by full length of both courts may be poured, with tongue and groove construction joints formed on either edge parallel with wall lines. Reinforcement as detailed to continue uninterrupted for full width of courts. C. Procedure at B acceptable, provided final completed slab has no ridges at the.construction joints and no cracks. See Surface Tol- erance below. D. Lifting rings shall be carefully located to avoid unsightly ultimate appearance, and shall be sacked and smoothed if iri playing areas of panels. E. Interior face of panels (handball court side) shall be the under side 'of panels when poured. F. Extend reinforcing at edges of panels where they will join, for positive cast-in-place vertical connection between them and with cross wall. G. Careful placement of steel required where bottom edges of pre- cast panels join the footing and portions of slab of the final pours. H. Where walls are joined by formed cast-in-place connections, this concrete shall be carefully treated by sacking to provide a texture and finish matching the pre -cast work. . 11. CONCRETE WITH INTEGRAL COLOR A. Integral color as specified shall be added to concrete work in hand- ball court wall and slab at the rate of three (3) lbs. per sack of cement. . B. Metallic oxide additive required only at locations to receive integral color as indicated on the drawings. . Division 4 CONCRE'IE Page 6 of 9 C. A single brand of cement and identical sand and aggregates shall be used. The exact quantities of water per batch shall be maintained on all colored concrete batches. 12. . EXPANSION JOINTS A. Where shown expansion joints shall be installed as per manufacturer's directions where indicated on the drawings. Tool all corners of paving at joints. Expansion joint in walls shall be cut back 3/4 inch . from face of wall and edges tooled. Insert 3/8 inch asphalt impre- gnated fiberboard at joints. 13. SCORE JOINTS Score at least 1/5 the depth of slabs at interval indicated on the drawings. The width of control joints shall not exceed 1/8 inch and the edges of con- trol joints shall be finished with a "T" bar for a rounded edge. 14. DESIGN MIXES A. General Contractor, at his own expense, shall submit to the Land- scape Architect mix design, or mix designs, based on tests of the materials which will be used by the Contractor's supplier of transit- mix concrete for this project. These mixes shall be designed to meet the following strength, slump, and shrinkage limitations: (1) Handball Court slabs and footings: Ultimate strength at 28 days, not less than 2, 500 psi. (2) Slump: 3 inch maximum. Use of granite or limestone aggregate may be advisable. 15. TEST CYLINDERS A. Cylinders shall be standard 6x12 inches. Contractor shall provide standard empty can forms to pe:rsoI1 experienced in performing this particular work employed by City of Gilroy. B. Contractor shall request arrangement for three (3) cylinders to be cast for each day of pour for each different mix used that day. C. Contractor shall be responsible for ascertaining that all test cylinders are clearly dated, maked with location in the structure where con- crete was placed, and identified by number of mix design used. Division 4 CONCRETE Page 7 of 9 D. The test cylinders shall be carefully stored at the site under same curing conditions as the concrete poured. Contractor has option of using one of each three (3) cast for seven (7) day break test. E. If requested by either the City Engineer or the Landscape Architect, the Contractor shall, at Owner's expense, have a testing laboratory break one (1) cylinder from each of all of the 28 day samples to verify strength of the concrete at various locations. F. If after 28 days curing, should any clyinders test below the required strength, the Contractor, at his own expense, shall promptly change the mix as necessary, and take further test and proper action to correct the deficiency. G. If these test,' in the opinion of the Landscape Architect, indicate that the concrete is not satisfactory, the defective concrete shall be re- moved at the Contractor's expense. 16. PLACING CONCRETE A. Before depositing concrete, all equipment for mixing and trans- , porting the concrete shall be cleaned. Remove all wood chips, shavings and other debris from the interior of the forms, and thoroughly wet forms. Reinforcement shall be cleaned, if nec- cessary, prior to placing concrete. B. Reinfar cement and other work embedded in the concrete shall be securely in position before pouring. Remove free standing water and divert ground water from forms and excavations. C. Deposit concrete in continuous and complete pours between joints to the full height of forms. Excess material shall not be placed as a partial pour but s.hall be dumped on the site and later removed. NO leftover material is to return to batching plant in truck. D. Concrete shall be kept continuously wet for ten (10) days after placing and covered as required by the Specifications. E. Compaction: (1) Concrete shall be thoroughly compacted by puddlirig with suitable tools during placing and thoroughly worked around the reinforcements, around embedded fixtures and into the corners of the forms. In addition to manual spading and tamping, all concrete shall be internally vibrated with high- . Division 4 CONCRETE Pa ae 8 of 9 b speed mechanical vibrators operated under experienced super- vision. A mechanical vibrator in good working order, but not in use, shall be kept on the job until all concrete is placed. (2) All mass concrete shall be adequately vibrated following place- ment of concrete in forms. Faces of forms shall be vibrated to reduce air pockets. At joints and edges of pathway pave- ment, supplement vibrators with forking and spading to insure dense edge. F.. All construction keyways and joints between adjacent pours shall be thoroughly wetted and slushed with a coat of neat cement paste be- fore proceeding with next pour. 17. FORM REMOVAL Upon removal of forms, all bolts, wires, ties, spreaders, etc., shall be removed, cut or broken back at least one (1) inch below the surface of the concrete and the resulting imprint chipped out as required and patched with mortar as specified. All projecting fins shall be removed and all other minor irregularities in exposed concrete surfaces shall be removed, or cut back and patched as directed by the Landscape Architect. All other work stained by leakage of concrete shall be cleaned and repaired. 18. FINISffiNG Workmanship shall be of the highest standards. During finishing, cement shall not be applied to dry the concrete surface. Surfaces shall be con- sistently finished throughout the job. Scored joints shall be straight and leveL Finish all concrete as indicated on the drawings. A. Tooling: Tool the edges of expansion joints and as indicated on the drawings. B. Tolerances: All concrete elements shall be constructed to the following tolerances: Linear dimension 1/8 inch; slab deviation from a true plane 1/8 inch in 10 feet. C. Fine Brush Finish: The freshly placed slab shall be compacted and screeded uniformly to grade. Push large aggregate below the surface with screen tamper, screed and bull float. As soon as the surface becomes workable, it shall be wood floated, then steel troweled to a uniform smooth, hard surface. Follow immediately by drawing.hair br00m acroos surface at right angles to long direction of panel, or as indicated on the drawings. Division 4 CONCRETE Page 9 of 9 D. Coarse Broom Finish: Place as above, follow wood floating by drawing ~a stiff bristle broom in direction indicated on the drawings. E. Steel Trowel: Place as above, and steel trowel smooth to a hard, uniform surface. 19. DEFECTIVE CONCRETE If any concrete work is not formed as indicated, is understrength concrete, concrete out of line, level or plumb, or showing objectionable cracks, honeycomb, rock pockets, voids, spalling or exposed reinforcing, it shall be repaired or removed and replaced as directed by the Landscape Archit- ect. All cleaning, patching am repairs shall be subject of Landscape Architect's approval and acceptance. 20. CURING AND PROTECTION OF PAVEMENTS A. Cure pavements and slabs by till "Westcure" process (West Chemical Products, Inc., Berkeley). Two hours after completion of trowelling or exposing, apply a uniform spray coat of the curing compound as directed by manufacturer. B. Finished concrete shall be protected at all times from damage. After completion of curing period, pavements shall be protected from damage by equipment and other operations until final accept- ance. Protect nosing of steps with planking. 21. CLEANUP During construction, keep area clean and clear as possible. Clean up and remove from the site all spillage, overpour, discarded forming materials, rejected work or materials, and all refuse or debris resulting from this work. . Technical Specifications Divis ion 5 METALS Page 1 of 2 1. GENERAL The GEneral Conditions, Supplemental General Conditions, Special Con- ditions, General Rquirements shall apply to all work of this Division. 2. SCOPE OF WORK The work includes: A. Furnish and deliver, complete all manufactured and fabricated metal. B. Furnish shop drawings as required. C. Galvanizing. D. Shop priming. E. Fasteners and accessories. 3. MA TERIALS A. Miscellaneous steel plates and structural steel shapes shall con- form to ASTM A -36 -69. B. Steel Pipe: (Structural pipe columns) - ASTM A-53 -69A, Grade B. C. Bolts: Structural grade steel, ASTM A307 -68, with suitable nuts and washers, all galvanized. D. Nails: Common wire, galvanized. E. Screws shall be galvanized, ainc electro -plated or brass. F. Paint: Red Lead Primer. 4. WELDING A. All welding shall be in accordance with the latest A WS Standard, and shall be done by certified welders, prequalified by tests as prescribed by 'tIE "Qualification Procedure" of the American Welding Society. Any welds found to be defective must be cut out and replaced. Any welder not doing satisfactory work may be re- moved by the Landscape Architect and be required to pass the Qualification Test again. Division 5 METALS Page 2 of 2 B. All welded connections must be electrically welded by welding machines of an approved direct current low-voltage type. C. All surfaces to be welded shall be free of loose scale, slag, grease, paint, or other foreign materials. D. All parts of members to be welded to each other shall be rigidly held together while welding. 5. GALVANIZING A. Galvanize fabricated items, after fabrication in accordance with ASTM AI23-66. See drawings for items to be galvanized. B. Parts shall be made in suitable sections. First clean in a hot pickling bath to remove all scale and then rinse clean with clear water. After pickling and wahsing, dip parts in liquid zinc tank sufficient length of time to heat parts to zinc temperature, then remove and allow to drip and cool; straighten as required. 6. WORKMANSHIP A. All work shall conform to the American Institute of Steel Construction Specifications for design, erection and fabrication and acceptable standards of good practice. B. Finished members shall be true to line and free from twists and bends. All weld in exposed work shall be ground or chipped smooth before painting. 7 . INSTALLATION Set all items straight and plumb, and as indicated on the drawings. 8. PAINTING Paint structural steel with one (1) shop coat of red lead or approved equal. structural steel to be encased in concrete or field welded shall be un- painted. All foreign substances shall be removed from steel prior to encasement in concrete. After erection, all field bolts, field welds and all abrasions to shop coat shall be spot painted with the above material for shop coat. Fabricator shall submit steel details to the Landscape Architect for approval before commencing fabrication. . Technical Specifications Division 6 CHAIN LINK FENCING Page 1 of 3 1. GENERAL The General Conditions, Supplemental General Conditions, Special Con- ditions, General Requirements shall apply to all work of this Division. 2. SCOPE OF WORK Furnish all labor, materials, equipment necessary to install complete tIE fencing and gates indicated on the drawings and specified. 3. SUBMITTALS Submit for approval four (4) copies of descriptive literature covering posts, rails, fabric and hardware for fences and gates. 4. MATERIALS A. Posts: Standard seamless galvanized steel pipe, ASTM AI20-68A. B. Horizontal Rails: (Top, center and bottom for all fences) Standard seamless galvanized steel pipe, ASTM A120-68A. C. Fabric: Open hearth steel woven mesh, hot dip galvanized after fabrication. Minimum 1. 2 ounces per square foot of wire surface, free of spurs and barbs of zinc on surface of wire; 11 gauge wire, 1-3/4 inch mesh. Knuckled top and bottom, single width fabric to full height of fence; all fencing in this Contract. D. Gate Frames: Standard galvanized steel pipe, 1-5/8 inch O. D. E. Truss Rods: 3/8 inch diameter, steel rod, galvanized with truss tightener am fittings. F. Ties: 11 gauge galvanized wire. G. Fitting and Hardware: Galvanized. H. Bars, Band, Clips, Bolts, Etc: Galvanized steel. 1. Malleable tops.for all corner, gate and term inal posts. Galvanized. Divis ion 6 CHAIN LINK FENCING Page 2 of 3 5. FENCE SCHEDULE (See drawings for locations) . Fence Diameter & Weight of Posts Hor iz. Maximum Height End & Gate Line Rails Post Spacing 12'-0" 3" o. d. 5.79# 2t" o. d. 3.65# 1-5/8" o. d. 10' -0" 6'-0" 2t" o. d. 3.65# 2t" o. d. 3.65# 1-5/8" o. d. 10' -0" 3'-0" 2" o. d. 2.72# 2" o. d. 2.72# 1-5/8" o. d. 8'-0" 6. POST DEPTHS (Depths measured from plane of finished tennis court pavement. ) Fence Height Bottom of Posts Bottom of Concrete 12' -0" 6' -0" 3' -0" line posts 3' -0" gate posts 3' -8" 3'-0" 2'-0" 2'-6" 4' -0" 3'-4" 2'-4" 2'-10" 7. GATE ACCESSORIES AND HARDWARE A. Fabric: Match fence fabric. B. Malleable iron corner fittings. C. Cross truss bracing. D. Provide horizontal bar and transom panel over gates in high . fencing. E. Hinges of all gates shall off -set, as directed, to permit 180 degree swing if required by the Owner. Bottom of gate shall be socket type. After hinges are placed, final adjustements made, and bolts tightened, the hinge clamp and gate post at each location shall be mutually drilled and tapped and a 1/4 inch machine bolt set to lock hinge in position. This applies to all hinges. F. Latches and Accessories: (1) All single gates shall have a sliding fork latch with int egral lock pin, and lockkeeper guide. Hinged fork latch is not acceptable. Division 6 CHAIN LINK FENCING Page 3 of 3 (2) Double gates shall have plunger bar locking device equipped with at least two latch forks, and capable of being padlocked. Furnish and install gate hold back for each gate, and plunger bar catch. Set hold backs and catch in concrete. 8. INSTALLATION A. Set posts evenly spaced, plumb and true to lines, with top line uniform. B. Bracing: At ends, corners .and at gates in fences, install diagonal truss rods, and midrail braces where standard good practice in- dicates, and as called for on the drawings. C. Fabric Attachment: Favric shall be attached to line posts with fabric bands or clips spaced approximately 14 inches apart, and to sop rails, mid rails, bottom rails and tension wires with wire ties spaced 24 inches apart. At all corners and vertical ends of fabric, install stretcher bars banded to posts and gate frames at 24 inches maximum. D. . Rails: Splices in top rails shall be made with couplings at approxi- mately every 20 feet. Coupling shall be such as will produce a con- tinuous brace of railing from end to end of each stretch of fence. Every fifth coupling in a stretch shall be fitted with a heavy spring to allow for expansion and contraction of rail. Rails shall be rigidly clamped to end and corner post with appro- priate fittings. Mid and bottom rails shall be clamped at each post. E. Stretch all fabric tight, free from sags and bulges. 9. COOPERATION Close cooperation is required between subcontractors involved in con- structing fences and tennis courts. The General Contractor is responsible for coordinating the work to achieve an unpatched finish court surfacing around fence posts, as shown on the drawings. Technical Specifications Division 7 TENNIS COURTS Pa ge 1 of 3 1. GENERAL The General Conditions, Supplemental General Conditions, Special Con- ditions, General Requirements shall apply to all work of this Division. 2: SCOPE OF WORK Furnish all labor, materials, equipment, appliances, transportation for complete installation of net posts and sleeves, surface course, color seal surface treatment, and line stripping. 3. WEATHER LIMITATIONS No parts of the construction involving surface course materials or asphaltic base courses shall. be conducted ouring rainfall or \Vb en rainfall is imminent, or unless the air temperature is at aleast 50 degrees F. and rising. 4. FENCING, BENCHES AND NET POSTS Fence posts, net posts, and tie down eye shall be set after the installation of surface courses, but prior to placing of finish course. Fence fabric shall be installed and approved prior to placing of finish course. 5. DELUXE NET POSTS WITH CENTER TIE -DOWN A. Net posts shall be fabricated from 4-1/2 inch diameter heavy-duty steel pipe. The reel shall be internal worm gear wind and shall be made of bronze or brass. B. The posts shall be set 30 inches deep and shall be embedded in con- crete 24 inches in diameter by 40 inches deep, and shall bear on a bolt through the post at the 18 inch depth. Posts shall be Jamison No. 351-404, Patterson - Williams No. A -39, or approved equal. C. Anchors for tennis net center strap tie-down shall be 1-5/8 inch pipe, 9 inches long with the bottom 2 inches flattened togethEr and a 1/4 inch pin centered in tIE top. This anchor shall be set in con- crete six (6) inches by six (6) inches by 12 inches in depth. 6. COOPERA TION Close cooperation is required between subcontractors involved in con- structing fences and tennis courts. The General Contractor shall be responsible for coordinating the work to achieve an unpatched finish court surfacing around fence posts. . Division 7 TENNIS COURTS Page 2 of 3 7. SURFACE COURSE: A final wearing surface course 3/4 inch in thickness of bituminous con- crete in accordance with appropriate State Specification for aggregate and asphalt content. Aggregate gradations shall not exceed 3/8 inch in maxi- mum size in any case. Application shall be made to attain final required slope, pitch and grade with no variations greater than 1/8 inch along a 10 inch straight edge in any direction. The surface shall be rolled free of any roller marks, ridges, and voids shall be repaired. The surface shall be checked by flooding and marked for depressions. The asphalt shall cure for seven days prior to applying the Plexipave Acrylic Color System. 8. FINISH COURSE (Plexipave Color System) A. Materials for this system shall consist of Plexipave Acrylic Filler Coat and Plexichrome Acrylic Color Finish as manufactured by California Products Corporation, Cambridge, Massachusetts. Materials for the Color System shall arrive at the site in sealed, properly label containers. B. Prior to applying this system, the net sleeves, benches and fencing shall be installed and approved by the Landscape Architect. C. The surface shall be brushed or blown free of all dirt and foreign matter. . D. Over the asphaltic surface course, apply two (2) coats of Plexipave Acrylic Filler Coat in accordance with the manufacturer's directions at the rate of not less than 0.08 gallon per square yard total for the two (2) coats (64 gallons for 800 square yards). If the asphaltic surface course is not covered to a uniform, even texture free of all porosity, a third filler coat shall be applied to attain uniformity. The first coat shall be applied lengthwise of the court and the second coat crosswise the court. Dilution rate will not exceed one (1) part water; two (2) parts filler coat. E. Prior to applying the Filler Coat, a final, careful inspection of the entire surface shall be made to remove any ridges, loose or foreign particles. F. The final Finish Coat of Plexipave (Plexichrome) shall be applied as directed by manufacturer at a rate of not less than 0.04 gallon of material (32 gallons per 800 square feet). The application shall . Division 7 TENNIS COURTS Page 3 of 3 be made lenghtwise of the courts with a wide hair type push-broom and shall produce a uniform color throughout when viewed from a distance of 25 feet from any edge of the court at mid-day. Dilution rate will not exceed one (1) part water; one (1) part Finish Coat. G. Colors shall be "Dark Green" inside the field of the "doubles court" lines, and "Red" outside over the balance of the courts. Colors shall be: (1) Plexipave: C -34 Red C -32 Dark Green (2) Plexichrome: B -34 Red B -32 Dark Green 9. PLAYING LINES Forty-eight hours minimum after completion of surface construction, two (2) inch wide playing lines shall be accurately located, and applied by brush or spray free of any fogging or overspray. Line paint shall be White Plexicolor Line Paint as suitable to the color system used. Lines shall be standard double courts for tennis courts. 10. TRAFFIC The area shall be protected from traffic during all operations and shall not be opened for use for at least 24 hours after the finished surface has dried completely. Gates shall be secured at all times until acceptance by the City of Gilroy. 11. CLEANUP Upon completion, the Contractor shall remove all containers, surplus materials and debris, and leave the site in a clean and orderly con- dition acceptable to the City. All splatter shall be removed from fencing net posts, and benches before acceptance. 12. GUARANTEE This Contractor sh~ll guarnatee tennis courts surfacing against settle- ment, peeling of surface, and any other defects of materials or work- manship for a period of one (1) year from acceptance. Technical Specifications Division 8 ELECTRICAL Page 1 of 8 1. GENERAL The General Conditions, Supplemental General Conditions, Special Con- ditions and General Requirements shall apply to all work of this Division. 2. SCOPE OF WORK The Contractor performing the work of this Division shall furnish all labor, materials, tools, transportation, power services and equipment for and incidental to the co mpletion of all electrical work indicated on the drawings and/or mentioned in these Specifications, and in accordance with the 1971 National Electric Code. In general the work includes the following: A. Furnishing and installing secondary power feeder conduit and cable.. B. Connecting to existing service equipment. C. Furnishing and installing floodlighting system,. including pole, ,fixtures, conduit, wire and controls. 3. DRA WINGS A. The layout of equipment, accessories and raceway system is diagrammatic, unless specifically dimensioned. Before proceeding with the work, the Contractor shall verify all dimensions and sizes. Where discrepancies occur in different plans, between plans and Specifications, they shall be immediately brought to the attention of the Landscape Architect. . B. These drawings may be superseded by later detailed drawings or addenda to the Specifications, and the Contractor shall comply to all reasonable changes without extra cost to the City. C. All items not specifically mentioned herein or not shown on the drawings which are necessary to make a working installation shall be included. D. The Contractor shall review all plans and adjust his work to conform to all conditions indicated and be responsible for all electrical work shown thereon, regardless of it not being shown on the electrical drawings. ., Division 8 ELECTRICAL Page 2 of 8 4. EXAMINA TION OF SITE The Contractor shall examine the site and compare the drawings with existing conditions. By the act of submitting a bid, the Contractor shall be deemed to have made such an examination and to have made allowances therefore in preparing his figures. 5. RULES AND REGULATIONS A. For governing codes, refer to Special Conditions. B. Where larger sizes or better grade materials than thos required by code are called for under this Division, these Specifications shall have precedence. C. Contractor shall furnish additional materials and make changes without additional cost to the City, if necessary, to achieve com- pliance with the code. 6. SUBSTITUTIONS (See General Conditions and Materials List). 7. MATERIAL LIST A. Submit list of materials and equipment proposed for installation in quadruplicate to the Landscape Architect for approval within 15 days after award of this Contract. Items not covered in this list shall be installed as specified without substitutions. B. Substitutions and changes shall be requested in letters from the General Contractor to the Landscape Architect and shall be considered as authorized only upon receipt of written permission from the Land- scape Architect. Any item which is proposed as a substitute shall be accompanied by prints and/or other data, in triplicate, giving size, capacities and all other necessary information. C. When substitute items have different space requirements, or rough- in dimensions from the items specified, it shall be the responsibility under this Division to fit them into the available space. D. When shop drawings or catalog information submitted to the Land- scape Architect for the purpose of showing the installation in greater detail, theu' approval does not excuse the Contractor from the requirements on the Contract Drawings for Specifications. Division 8 ELECTRICAL Page 3 of 8 8. CONTRACTOR'S RESPONSIBILITY A. All existing telephone cables, wires, conduit, pipes, etc., shall be protected and well barricaded against injury or accident. B. Cleaning: Before final acceptance, all exposed and readily access- ible surfaces shall be clean and free from blemishes, paint, stain, concrete, scars and dents. C. Closing in Uninspected Work: The Contractor shall not cover or enclose any of his work until it has been inspected, tested and approved by the Landscape Architect. D. Testing and Adjusting: Furnish all labor, materials, instruments and tools to make tests as may be required. E. Final Operation: Prior to acceptance of the installation, the Con- tractor shall place competent men in char ge who shall operate the equipment instructing the City's operators in all details of operation and maintenance. F. ,Name plates and tags are to be provided on all'equipment, switches and controls which require identification. 9. RECORD DRAWINGS A. The Contractor shall provide and keep up-to-date a complete record set of prints, corrected daily and showing all changes from the original contra ct drawings. Prints for this purpose may be obtained from the City. Keep as -builts on the job site and use only as a record set. B. The preceding paragraph shall not be construed as authorization for the Contractor to make changes in the layout without definite in- structions in each case. C. Upon completion of the work, this set of "as -builts", clearly marked, shall be delivered to the Landscape Architect. 10. SUBMITTALS OF MATERIAL AND SHOP DRAWINGS A. The following items are to be included in submittals for approval of the Landscape Architect. . (1) Light fixtures. (2) Panelboards. Division 8 ELECTRICAL Page 4 of 8 (3) Time switches. (4) Floodlight poles and fixtures. (5) Light control equipment. . B. In addition to the items listed in paragraph A above, submit a list of materials to be used on the project, including conduit, wire, wiring devices, plates, ballasts, etc. 11. DISTRIBUTION PANEL BOARDS A. Panel boards shall be of a standard manufacturer as manufactured by Westinghouse, Square D, General Electric, or equal in quality and utility. B. Panel boards shall be equipped with the type, size and number of circuit breakers, arranged and numbered as shown on the drawings. Circuit breakers with even numbers shall be on the right side. Each circuit shall be permanently numbered. Plastic buttons secured by . means of rivets or gromments are acceptable. Each panel shall have a typewritten directory mounted under celluloid with a metal frame on the inside of the cabinet door giving circuit numbers and complete description of all outlets. C. Panels shall be bussed according to the requirements shown on the drawings. There shall be one (1) bus for each phase and a main terminal for the neutral black. The netural black shall have terminal for each circuit in the panel. D. All wires within panel boards shall be labeled with its respective circuit number. Wire shall be cabled together and formed in a neat and workmanlike manner to the satisfaction of the Landscape Archi- tect. E. Panel boards shall have provision for locking circuit breakers in the off position. 12. RACEWA Y A. Materials: Raceway shall be hot dipped galvanized rigid type, electrical metallic tubing (EMT), plastic type on non-metallic duct as determine by size and use, and as indicated on the drawings. Division 8 ELECTRICAL Page 5 of 8 B, Conduit Types: (1) Embedded in concrete: Rigid. . (2) In earth: Plastic. (3) To floodlight poles: Plastic. C. Plastic Conduit: (1) Plastic conduit shall be Carlon, Stauffer, or approved equal, Polyvinyl Chloride, Schedule 40 (PVC). Manufacturer's approved solvent for joining couplings to pipe shall be used. and shall be applied according to manufacturer's recommend- ations. . (2) Conduits shall be buried minimum of two (2) feet below grade. D. Conduit Sizes: Size of each conduit shall be such that the number and gauge of conductors therein shall not exceed the limit set forth in the California Administrative Code, Title 24. Minimum size con- ,duit shall be 3/4 inch trade size. E. Clean Conduits: Raceway shall be cleaned out before installing wire. At all stages of the work, everything possible shall be done to pre- vent foreign material entering the conduit. 13. SECONDARY FEEDER AND BRANCH CIRCUIT CONDUCTORS Secondary feeder conductors shall be copper, Type THW, rated 600 volts. Circuit wire underground shall be Type THW. All wire shall be of a standard manufacture approved by the Underwriters' Laboratories and shall bear their label. Conductor size shall be as specified on drawings. Minimum size conductor shall be No. 12 A WG. A. All wire shall be color coded as follows: Phase A Phase B Phase C Neutral - Black Red - Blue - White B. WlXes No. 8 A WG and smaller shall be solid. Wires larger than No 8 A WG shall be stranded. . Division 8 ELECTRICAL Page 6 of 8 C. As far as practicable, each conductor run shall be continuous and free from splices. If necessary, splices shall be made at boxes and enclosure. Splices shall not be made in feeder conductors. Conductors shall be joined so as to be mechanically and electrically secure by solder, Scotchlok connector, or approved equal. Con- nection of fixture leads to circuit conductors with Scotchlok Type R or approved equal in quantity and utility will be acceptable. D. All wire shall be identified by tagging at the panel board. Pre- marked self-adhesive, wrap-around type marks equal to E-Z code wire markers shall be used. E. Care shall be taken when pulling in wire that no damage will occur to the conductor or the insulation. Only UL approved lubricants may be used as cable lubricant. The use of any type of grease for secondary conductors shall be prohibited. Adequate slack shall be left in conductors at each panel board, junction box, pull box, outlet box and equipment enclosure. F. Splices in underground wire or wire exposed to moisture shall be waterproofed according to manufacturer's recommendations. 14. GROUNDING Electrical equipment enclosures and system neutral shall be grounded in accordance with Article E -250, Title 24 of the California Administrative Code, Grounding of the Electrical Safety Orders of the State Division of Industrial Safety. Grounding conductors shall be insulated copper and where required run in rigid conduit. Both ground conductor and conduit contain- ing ground wire shall be bonded at gl'ounding points. Electrical system shall be grounded both to water pipe system and to ground rods driven at selected locations. 15. RELAYS, CONTACTOR AND TIME SWITCHES A. All relays and contactors shall be magnetically or mechanically held type as indicated on the drawings. Each device shall be rated to control its respective load according to tIE National Electrical Manufacturer's Association (NEMA) Standards, and shall be en- closed in a NEMA specified enclosure or other enclosure designed to incorporate the device. B. Relays and contactors manufactured by Square D Company, Westing- house CorpDration" General Electric and Automatic Switch Company will be acceptable. Division 8 ELECTH.ICAL Page 7 of 8 C. Each time switch shall be driven by a low speed hysteresis syn- chronolls motor. There shall be an automatic carry -over feature driven by a mainspring for periods up to 10 hours in case of power failure and a "skip -a -day" device for omitting operation of the contacts. D. Time switches for control of lights, except floodlights, shall have estronomical dials for adjusting time according to sunset. Other time switches shall have non-varying dial faces. E. . Each switch shall be encased in its own enclosure. The enclosure shall be raintight and gasket-sealed against dust and shall have a sealable hasp. 16. MARKING All panel boards, switchboards, relays, controls, disconnect switches, motor starters, by-pass switches, and all devices shall be labeled with nameplates. Nameplates shall be laminated bakelite of phenolic black front and back with white core with lettering etched through the outer cover. Letters shall be 3/16 inch high. Nameplates shall be securely fastened with cadmium-plated screws. 17. FLOODLIGHT POLES A. Poles shall be galvanized steel continuously tapered, designed to withstand 100 miles per hour wind with maximum four deflection. 18. FLOODLIGHT FIXTURES A. Fixtures shall be sealed, weather resistant type having alzak reflector and as shown on the drawings. B. Fixtures shall be aimed under the supervision of a representative of the fixture company. Final aiming shall be done after sunset and shall meet the approval of the Engineer. FORM APPROVED BUDGET BUREAU NO. 63,R1138 HUD-4238.CD.i ( 2-67) U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Bidder CERTI FICA TION BY PROPOSED Sl8BltdJtATrJ.Ji:tdJrJ. REGARDING EQUAL EMPLOYMENT OPPORTUNITY Calif. OSD 475 NAME OF PROJECT NO. Granite INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F .R, 12319-25). The implementing rules and regu I ati on s provi de that any bi dder or prospecti ve contractor, or any of thei r proposed subcontractors, sha II st.ate as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub- contract subject to the equal opportunity clausei and, if so, whether it has fi led all compliance reports due under appl icable instructions. Where the certi fication i nd i cates that the su bcontractor has not fi I ed a com pI i ance report due under appl i cabl e i n- structions, such subcontractor shall be required to submit a compliance report before the owner approves the sub- contract or permits work to begin under the subcontract. fl1~7r~nr'!s Name: ~ ~'ff:. t 9~' ft Ic E R T I F I CAT ION GRANITE CONSTRUCTION COMPANY Address: Post Office Box 900 Watsonville. California 95076 1, Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes Q9 No D 2. Compliance reports were required to be filed in connection with such contract or subcontract, Yes @ No D 3. Bidder has filed all compliance reports due under applicable instructions, including SF-l00. Yes ~ No D None Required D 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. G. C. Dore Vice President NAME AND TITLE OF SIGNER (Please Type) E CONSTRUCTION COMPANY C/~ July 12. 1973 DATE G. C. Dorey, Vice resident GP 0 9 28.8 , 2 Divisiun 8 ELECTRICAL Page 8 of 8 C. After aiming has been completed, the Contractor shall conduct illumination level tests in accordance with the Illumination Engin- eering Society Procedures and shall submit a report to the Engineer for his approval. D. As -built aiming diagrams shall be submitted to the Engineer. Diagrams shall be in accordance with Illuminating Engineering Society recommendations or procedures. E. The system will not be accepted until approval of the report is given by the Engineer and the aiming diagram is presented. . /';(-! ., September S, 1973 Granite Construction Company Post Office Box 900 Wa tsonv 111 e. Ca II forn I a 95076 Attention: Mrs. Mona Skoeko Dear Mrs. Skoeko: Enclosed please find a fully executed copy of the contract for Las Anl..s Park Road, Job #1-66 and copies of the approved bonds for said project. Very truly yours, (Mrs.) Susanne E. Steinmetz City Clerk Enclosures (55) cc: Director of Public Works-City Engineer EXECUTIVE OFFICE 585 W. BEACH STREET POST [JrFlCE BOX 900 AREA CODE 408 724-1011 GRANITE CONSTRUCTION COMPANY ENGINEERING CONTRACTORS STATE OF CALIFORNIA CONTRACTOR'S LICENSE NO. 89 WATSONVILLE, CALIFORNIA 95076 September 4, 1973 CIl'Y OF GILROY P.O. Box 66 Gilroy, California 95020 Subject: Las Animas Park Road Our Job #1-66 Gentlemen: Enclosed please find three (3) signed copies of Proposal and Contract in connection with the above project. Also enclosed are the required Performance and Pa yment bonds. Please return to this office a fully executed copy of the Contract. Very truly yours, GRANITE CONSTRUCTION COMPANY UJ(M1~ ~ (Mrs.) Nona Skocko encs: cc: Mr. Mike McElroy Watsonvil1e Department Manager ,/ " PROPOSAL TO CITY OF GILROY To The Honorable City Counc i I City of Gilroy Gentlemen: The undersigned as bidder declares that he has carefully examined the location of the proposed work, the annexed proposal form of contract, and the plans and specifications therein referred to, and he proposes and agrees if this proposal is accepted, that he will contract with the City of Gilroy in the form of the copy of the contract annexed hereto to pro- vide all the materials except those specifically mentioned to be furnished by the City necessary machinery, tools, apparatus, and other means of construction and do all the work specified in the contract in the manner and time herein set forth required for the improvement of Princevalle Street by grading, adding base rock, and paving as more particularly shown on the plans and as described in the specifications entitled "Las Animas Pa rk Road Imp rovement P roj ect- 1973"'1", Construction shall be in strict conformity with the plans and speci- fications prepared by the City Engineer, City of Gilroy, Gilroy, California, and dated August 1973,copies of which are on fil~ In the office of the City Clerk, Gilroy, California, and which plans and specifications are I hereby made a part thereof. The bidder proposes and agrees to contract with the City of Gilroy to perform all of the work, including subsidary obligations as defined in said specifications for the following prices to wit: SCHEDULE OF PROPOSAL LAS ANIMAS PARK ROAD IMPROVEMENT PROJECT, PROJ ECT 1973-1 Item Approx. Item With Unit Price Unit Total Quantity Wr i tten in Words Pri ce I 700 Tons Asphalt Concrete Per Ton $11.00 . 7,700.0 2 2,000 Tons Class II Base Rock Per Ton . $ 4.00 ~ 8,000.0 3 Lump Sum Grading L. S. 3,720.00 3,720.0 4 1 ,700 LF Curb & Gutter Per Ft. $ 3.00 5,100.0 5 Lump Sum Misc. Work L. S. SS00.00 ) 500.(:" 6 178 LF 1 1/211 Condu it Per Ft. $4.00 712.0 o o o o n o TOTAL AMOUNT OF BID $25.732.00 . AMOUNT I N WORDS BY: QllANI:I:gUCJ'TON (,~M~!l~ :. C~Dorev, ice preSide~ . SCHEDULE TO ACCOMPANY BID OF TITLE: .. 1 .. The undersigned hereby certified that this bid is genuine, and not sham or collusive, or ~ade in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from blddln9, and that the undersigned has not In any manner sought by collusion to secure for himself an advantage over any other bidder. The City reserves the right ot reject any and all bids and to waive any informality or irregularity in bids received. The City may award the project as a whole or may award to different Contractors separate schedules or units of the project when such separate schedules or units are provided for. It is agreed that this bid may not be withdrawn for a period of forty-five (45) days from the opening thereof. The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract. The names of all persons interested in the foregoing proposal as principals are as follows: NOTE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, trea- surer, and manager thereof; if a co-partnership, state true names of firm, also names of all individual co-partners composing the firm; if bidder or other interested pe,rson Is an individual, state first and last name in full. GRANITE CONSTRUCTION COMPANY H. B. :SCOTT. PRESIDENT & MANAGER LEO R. WESTWATER, SECRETARY W. A. WILKIN-SON, VICE PReSIDENT & TREA'"SURER Licensed In accordance with an act providing for the regulations of contractors, License No. 89 c:,; G~TTO~ mMPANV : G - C - norSY9na~~~~ ~Fe;iig;en: NOTE: If bidder is a corporation, the legal name of the corpora- tion shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; If bidder is a co-partnership, the true name of the firm shall be set forth. above, together with the signature of the partner or partners authorized to sign contracts on behalf of the co.partnership, and if bidder is an individual, his signature shall be placed above. -2- Business address: Post Office Box 900, Watsonville, CA 95076 Place of residence: Post Office Box 900. Watsonville. CA 95076 Dated: Au~ust 27 , 19 73 The estimate of construction quantities hereinbefore set forth is approximate only, being given as a basis for the comparison of bids and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to in- crease the amount of any class .or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the Engineer. All bids will be compared on the basis of the Engineer's estimate of the quantities of the work to be done. The undersigned has checked carefully all of the above figures and understands that the City shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid. In case of a discrepancy between words and figures, the words shall prevai 1. If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to furnish bonds as provided in said speci- fications with sureties satisfactory to the City within fifteen (15) calendar days after the bidder has received notice from said City that the contract Is ready for signature,.the City may, at its option, determine that the bidder has abandoned the contract, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City. Enclosed find cash, certified check, cashier's check or bidder's bond, whieh is not less than ten percent (10%) of this bid, payable to the City of Gilroy and which is given as a guarantee that the undersigned will enter into the contract if awarded the work. DES I GNAT I ON OF SUBCONTRACTORS: In compliance wi th the prov is ions of Sections 4100-4107 of the Government Code of the State of California, and any amendments thereof, each bidder shall set forth below the name and location of the mill, shop or office of each Subcontractor who will perfqrm work or labor or render service to the Contractor in or about the construction of the work or improvement to be performed under these speCifications and the portion of the work which will be done by each Subcontractor. ' If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the Contract, he shall be deemed to -3- have agreed to perform such portion himself, and he shall'not be per- mitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work as to which no subcontractor was designated in the original bid shall be permitted in cases of public emergency or necessity, but only after a finding, reduced to writing, as a public record of the Legislative Body of the City. NAME AND PLACE OF BUSINESS OF SUBCONTRACTOR PORT I ON OF ~JORK TO BE DONE 1. 2. 3. 4. 5. 6. 7. 8. 9. -4- C ON T R ACT LAS ANIMAS PARK ROAD Project No. 1973-1 THIS AGREEMENT, made and entered into this 27th day of A llellHt Construction Company , 1973, by and between Granite , hereinafter called "Contractor", and the CITY OF GILROY, a municipal corporation, hereinafter called "City"; WIT N E SSE T H WHEREAS, the City Council of .said City has awarded a contract to Contractor for performing the work hereinafter mentioned in accordance with the sealed proposal of said Contractor. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1.e Scope of Work: The Contractor shall perform all the work and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements more particularly described in the plans for the Las Animas Park Road .Improvement Project 1973-1 as approved by the City Council of the City of Gilroy on August 20, 1973, the items and quantities of which are more particularly set forth in the contractor's bid therefore on file in the office of the City Clerk, except work done or to be done by others. 2. Time of Performance: The Contractor shall begin work within ten (10) days after official notice by the City Engineer to proceed with the work and shall diligently prosecute the same to completion before the expiration of thirty (30) days from the date of issuance of said notice. 3. Payments: Payments will be made by City to Contractor for said work performed at the times and in the manAer provided in the specification~ and at the unit prices stated in Contractor's bid. 4. Component Parts: This contract shall consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals c) Instruction and Information to Bidders d) Accepted Proposal e) Faithful Performance Bond f) Labor and Hateria 1 Bond g) Special ProvJsions h) Standard Specifications i) Design Standards j) Plans, Profiles and Detailed Drawings 5. Wage Scale: Reference is hereby made to the rate of prevailing wage scale established by the City Council, a copy of which is attached hereto and set forth in the specifications, the provisions of which are hereby specified as the rate of prevailing wage to be paid workmen on this project, and the provisions of Article 2, Chapter 1, Part 7, Division 2 (commencing with Secion 1770) of the Labor Code shall be complied with. 6. Hours of Labor: The Contractor shall forfeit, as penalty to City, Twenty-Five Dollars ($25.00) for each workman employed in the execution of the contract by him or by any subcontractor, for each calendar day during which any workman is required or permitted to labor more than : eight (8) hours in anyone calendar day and forty (40) hours in anyone 1 calendar week, in violation of the provisions of Article 3, Chapter 1, Part 7, Division 2 (commencing with Section 1810) of the Labor Code of the State of California. , . 7. Apprentices: In accordance with the provisions of Section 1777.5 of the labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured, apprentices may be employed c;.- in the ptosecution of the work. Information relative to number of apprentices, indentifications, wages, hours of employment and standards of working conditions shali be obtained from the Director of the Department of Industrial Helations, who is the Administrative Officer of the California Apprenticeship Council. 8. labor Discrimination: Attention is directed to Section 1735 of the labor Code, which reads as follows: "No discrimination sha II be made in the employment of persons upon public works because of the race, color or religion of such persons and every contractor for public works violating this section is subject to all the penalties Imposed for a vio.1ation of this chapter.1I 9. Workmen's Compensation Insurance: In accordance with the provis- ions of Article 5, Chapter 1. Part 7, Division 2 (commencing with Section (186b) and Chapter 4, Part I, Division 4 (commencing ~th Section 3700) of the labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract. -3- . .. 10. Liability: Neither the City Council, City Attorney, City Engineer, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract. IN WITNESS WHEREOF~ City has caused these presents to be executed by its officers, thereunto duly authorized, and the Contractor has subscribed same, allan the day and year first above written. Granite Construction Company BY )7. ~ . " ONTRACTOR" G. C. Dorey. Vice President C ITY OF G f LROY BYZ~~ Mayor ATTEST: /f ~ / . fhnU/ f~ City Clerk "C ITY" (S EAL) '.. -4- ~"- Bond N o._u~_Q_~_Q~A_~~_~_?Uh______ FEDERAL INSURANCE COMPANY ( ) PACIFIC INDEMNITY COMPANY (X) PERFORMANCE BOND CALIFORNIA PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS, That we, __ __ ___G MNJ_';I;'_~_,_GONf:?_';I;'_ ~JIG_';I;':J: ON_ __GO~g~X,_ __~" __9~;h~ f.g_~_~_:!:_~_ __ <::9.:;:p'q_~_~_~~9.~_ __ ____ _____ ________. -___ _________ ___ __ _______~.9_$ t_ __Off ~_g_~__ _;s.9~___~_Q_ Q_'_nW_Cl_t_f:; .9DY,i,1._~ ~_L __ __G!.\__ __9. ?_9_ ?~______ ____ __00__ __00_ as Principal, and__________________________PACIFIC.__INDEMNITY.___C'OMPANy__________________________________._._____________.___________._____ a Corporation organized and existing under the laws of the State of ____n___u_m_Cali_f.o_r.nia___nhn___n.___ and authorized to transact surety business in the State of California, as Surety, are held and firmly bound untonn___h___n_h_____ _________m_______mCITYn'OF____GILROy_____h______n__nm_n____u__n___ __n_hnhnhnnnm_____hhnhn. (hereinafter called the Obligee), in the sum of.___ _'rw~pty~_FiY~___ 'J:'h9'l;1,?_~~_g._,__ __~~Y.~D_ __ ~1:1:D.~:):;'_~_c1___'l'h~J;t_y__:_:_~.9___ 9:~~_nN<?I~_Q9__ __00_ - m_h__ m__ ___ --00-- ___ 00 00 00- 00 h 00 __ 00--- _mmm_ 0. __ __ -0. 0._.00_ __ -00__0000__00 ____ nO. ___00 ____ ___ __.00 -00 00 h_ h__U__ __ __ _0.00____ h _00 Dollars ($25 -,-7-3-2-..0.0 _m__) , for the payment whereof well and truly to be made and we each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, Whereas, the above named bounden principal entered into a contract dated_Au_gust_n27_.,__n____u______19_13____nun___ with the said Obligee to do and perform the following work, to-wit: . - _Las____Animas___ park_ __Ro_ad__ _Impr.Q.Y~m~n.tn _P+.9j_~9_1;:h __-:___~ J;9j~9.t:u_J_~,~L~ ___:':"u__J.m_u__u__uun__uu______ a copy of which contract is or may be attached hereto, and is hereby referred to and made a part hereof. NOW, THEREFORE, if the above bounden principal shall well and truly perform the work COll- tracted to be performed under said contract, then this obligation to be null and void; otherwise to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the said Obligee. SIGNED AND SEALED this_n____u__m__hnnn2.7_th___nn______nn_m____u_h__nnday of A:ug:uP_t____h...__...19__7.:J__h. GRANLTE.__.CDNS.T_RUCT_IQN___CQMPAN.Y.______._.__________. . 'n eA- ~y..-/--(-----u-------------~------------------------...____.____..__0..___. G. C. Dorey, Vice ,resident Principal l?ACJ:FJ:C INDEMNITY COMPANY " ' I / By__~tCU,j:L~72_?k___2---~4~----.-- Winona J. Skocko, Attorney-in-fact Cl114 STATE OF CALIFORNIA, } Santa Cruz ss. County of ....................................................m.... On this.m.......f.7..tb...........day of.m.....b...~g~~..~............... 19.7..?., before me, ................t!:.~.~!..~~_mY..~.....9.~J~.~....................m........._ a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally appeared........m....m.... .m............,....................m.m..W!NO.NA....J...m..S.KQ.GKQ.......'.m.m......... mmh............m.mmh.....mm.................m..mmmm...h.....m.m..m..m....m....',,"m. known to me to be the duly authorized Attorney-in-Fact of PACIFIC INDEMNITY COM- PANY, and the same person whose name is subscribed to the within instrument and he (she) acknowledged to me that he (she) subscribed his (her) own name as the Attorney-in-Fact for and on behalf of PACIFIC INDEMNITY COMPANY. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above writt en. .11111111111111111111...1..11111............"............ = OFFICIAL SEAL ! 5 ALFRED V. OTJEN ~ E l' NOTARY PUBLIC. CALIFORNIA ~ ~ " Pnncip9.1 Office I~ SANTA CRUZ C,)U,1ty ; :: My CQmmissicn Expires August 3, 1977 :: i I' ~ l J ~ l.IIJI ~ IlIilll IU I~I~ Illl..11 i H Ii II Ii llall ~ ..IIU liii ...t~/:g4-m_m_.~.. m...........mm..........;p.... County, State of CalIforma Form GI000 Rev. F (568) City Attomey Bond N oo-~_QJ~Q_::_~H;J_:::_~_~'h___m___ FEDERAL INSURANCE COMPANY ( ) PACIFIC INDEMNITY COMPANY (x) PAYMENT BOND CALIFORNIA PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS, That we, __________G.RANITE___CONS_TRUCTION.__COMPANY_,----A---Cali-fornia--_Corporation--------- as Principal, and _____PACIFIC___INDEMNITY___COMPANY__________________________________________________________________a Corporation organized and existing under the laws of the State oL_______________________Cali.fornia______________________________________uu__, and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto ._____._____________________<::_J;_';t;'x___.or---G.J-:J;.-ROX-------_____________ ____. ___________________________ ____ _____________________ ______ ___________________ ________________________ _____________ _______________________'],J_~_Q___.Ro_l?_apn~___s._tx_~_~t_,----G;i:):_~_OY_-,----c.b.---~-?-Q-~-Q------------------________________h_______________, as Obligee, in the aggregate total of ----Twenty~Five.__Thousand.,---S.even---HundJ:'-ed--Thirty-~-Tw-O- __~m~t__N9jJ-Q-Q--------------------------------- -- ______________________ _________________ -- --------___ _____________ ___________ ______ Dollars ($--25"T7-32-.-0-0----), for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, admini- strators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated ______A}:lg~~_~___?.?.-'--___~~]~______________________________ entered into a Contract with_____________CI':CY_ --OF---GILROy----------------------------------------------------------________ ____________________________ for_____L_as___Mim~s____P.ark____RQad___I.mp-r,ove.me.nt--_1'_r_oje.9.t___::"____l'XQje.9.t___lfJ_7_J.____:::___.l_____________________ NOW, THEREFORE, if the Principal or his subcontractors, shall fail to pay any person named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insur- ance Code with respect to work or labor performed by any person named in Section 3181 of the Civil Code of the State of California, or any amounts required to be deducted, withheld, and paid over to the Fran- chise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Sec- tion 18806 of the Revenue and Taxation Code, with respect to such work and labor, the Surety will pay for the same in an aggregate amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court in accordance with Section 3250 of the Civil Code of the State of California. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to such person or his assigns in any suit brought upon this bond. SIGNED AND SEALED this ______________________~Z:l;g_.________________________________day of ________~~g-~_~_t______________________________ 19___13____0' _.G.RANIT_E___CONSTRUCTI.ON___CQMP.ANY.________________. . .BY.'.~_.mE~b 'muuuuuuuum.u..uuu G. C. Dore;;:-;i~~--fresidentPrincipal PACIFIC INDEMNITY COMPANY \ "'" n ! ..,. /l . If' By:~_(~_-J:_k.(?J:r._~_.__/:_____.y~f2dJ.oo.-.-- Winona J. Skocko, Attorney-in-fact C11IS I STATE OF CALIFORNIA, } Santa Cruz ss. County of ......................--..--................--....--....--- On this___....~.z.~h.._____...___day of......A:t:!g~.~.~.._____....___.... 19.Z.}, before me, ___..._____..._____....___AlfJ:~.~:t__y.~.___Q.!j.~n..__.................. a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally appeared____________....___... ..__...__...___.................__..W.INQ.NA-.__.J.~__....:?.KQ.GJ~.Q..___..------......---..-------....-----.--------..---.---..----------------..------------.---------------.------------------....--...---....------............ known to me to be the duly authorized Attorney-in-Fact of PACIFIC INDEMNITY COM- PANY, and the same person whose name is subscribed to the within instrument and he (she) acknowledged to me that he (she) subscribed his (her) own name as the Attorney-in-Fact for and on behalf of PACIFIC INDEMNITY COMPANY. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. .IUIlIIlIlIII'IIIIII..II'IIIt..."...."...lnraun'~ 'I~ : OFFICIAL SEAL :: E ~:!!*< ALFHED V. OTJEN 5 5 ~~..'~~t~t~ NOTARY PUBLIC. CALlFORNI.!\ g ;: "~~.1';;..p7. ?iircipal OfiiCf: 10 SP.Nl.A. CRUZ County: ::: .,~"'- My CommiSSion Expires August 3,1977 = ii I nUUliIU~IU 11111111111 i ni 11111 IIIIIIIIIIIUIIIIIII. Form GI000 Rev, F (568) ./7 .. /7 . ~:;~;;::~;;;::f~i;~i~;!'~:::;;:~;:;::;~:;;f~;:;: r ,1.--. ,,/ ;/ ,c-;';;';'- -~- l,(~- 1A>I ilkCr ....~..ENT 0" Q" n~~ ~~ +0" { * 1110111 * } +~ II +~ 0)3~3a ..... ~1r. Fred Wood City Administrator City of Gilroy City Hall Gilroy, California DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SAN FRANCISCO AREA OFFICE ONE EMBARCADERO CENTER, SUITE 1600 SAN FRANCISCO, CALIFORNIA 94111 /...r (." ( /,-, ~r;. ). CV '~-dA~~' ...'-'/ i ,~_ '.,.,,~_ L t~ ,~i f; ! ! 'J '':'"..' '1( . ...-1 \" .(,'" ,.. ,. ~ 1 .l.//'''~i\tt< . t REGION IX 450 Golden Gate Avenue P.O. Box 36003 San Francisco, California 94102 / AUG 1 i) 1973 IN REPLY REFER TO: 9.1P~1-C Dear Mr. Wood: Subject: Cal if. OSD-4.75 Northside Park This will confirm the results of a telephone conversation between Mr. William Ayer, of your staff, and Mr. John Epler, Community Development Representative, of my staff. We pose no objections to the final award of contract in the amount of $56,868 to Granite Construction Company for development work on the NorthsidePark project. d:::~o rT r/[a;es P. Jaqu~ Program Manager Area C Resident Engineer: Contract Ci ty of Gilroy Co Rte PM Northside Park Tennis Complex Date AUlZust 17. 1973 Our Job Number. 1- 56 FRINGE BENEFIT STATEMENT Address: Dea. Sir. \ ~\ order that the proper Fringe Benefit rates c3J1 be used for checking payrolls or applied to force account w~rk which may be done under Contract No. , there is tabulated hereui;1der the rates for fringe benefits, subsistence and/or travel allowance payment (as required by collective bargaining a~leeml\nts) made for employees on the various classes of work. Subsidence or C/o.sl'icot~on Trovel Allowonce i I Operating Engineers Eff.l/l/73 I Teamsters Eff.1/1/73 I Voc -0- 0.75 -0- 0.75 -0- 0.80 -0- 0.60 -0- 0.85 Fringe Senelits Total Oth.r Fringe Carpenters 1. 43 1. 31 2.10 2.04 1.565 Cement Masons Eff.6/1/73 Eff.6/16/72 Eff.6/1/73 , Laborers / Supplemental certificates will be furnished during the progress of the .work should a change in rate of any of the classifications be made. Very tmly yours, GRANITE cONSTRUCTIONCO~.lPANT .. Contractor or Subcontractor BY..~&y~~ .. ~ TENNIS COMPLEX NORTHSIDE PARK CITY OF GILROY CALIFORNIA H.U.D. PROJECT NO. CAL OSD 475 Taj~, .'Y' 'l,'~ #;;'t~;, ,'1 'H IJ:........ (', f~'Jf;:'(~f7-:/I/* <~ em,J",,;t17J L."".:".! \)v';"'t CONTRACTOR BASE BID ALTERNATE #1 It! 3 06, - /S,)06D II 9:2 7, 35 00. \ \ 11 ~ REMARKS: ~ I / 1- , I, /-:: 'j '/~ BID OPENING JULY 12, 1973 \QN-,I"'.""" ?hM:t"~1' TtM."''\'~.'''" ~:f\7;N- .'f',c.n:e.".t, '. . ALTERNATE #2 ALTERNATE #3 TOTAL 3 (.,it/C:>. II tat). ~I St)O <I) 8'00. /O;C)OO. ~2 700 3 gol. g9 ),J: 50 8b8' I r \73, I S-J.- 6""0. 8' 6(/1. J ROYSTON HANAMOTO BECK & ABEY LANDSCAPE ARCHITECTS 50 Green Street , San Francisco, CA 94111 July 12, 1973 City of Gilroy P. O. Box 66 Gilroy, CA 95020 SUBJECT: Northside Park Tennis Court Complex Attention: William E. Ayer Gentlemen: Reference is made to the results of the bid opening of July 12, 1973: 1. The base bid includes the construction of three tennis courts, related grading and paving, walkways and electrical conduits under the tennis court area. 2. Additive Alternate #1 is the complete installation of handball courts including concrete and asphalt paving. 3. Additive Alternate #2 is for tennis practice court paving and striping. 4. Additive Alternate #3 is for the installation of the entire electrical work including the service to the courts and 1 ighting of all three courts. Granite Construction Company has submitted a total bid of $56,868.00 which includes the base bid and the three additive alternates. I real ize that this is an extremely good bid figure and strongly recommend that you consider the "completel' improvements of the tennis court complex and award the contract to Granite Construction Company. Sincerely, /~ Kazuo Abey ASLA ~" // /" I~ 1'4 c: crh/cJl , - .. [, ?, ~7 /n",..T 0"" Ii II '! ..* *' .. : .... 0 "1>)."... ~# DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SAN FRANCISCO AREA OFFICE ONE EMBARCADERO CENTER, SUITE 1600 SAN FRANCISCO, CALIFORNIA 94111 . (\f! IN REPLY REFER TO: REGION IX 450 Golden Gate Avenue P.O. Box 36003 San F.anei.co. California 94102 Office of Area Director SEP 21 1973 9.lG City of Gilroy 7390 Rosanna Street Gilroy, california 95020 Attention: Mr. Fred O. Wood City Administrator Gentlemen: Sub ject : Project No. Contract No. OS-CA-09-39-l133 OS-CA-09-39-ll33 (G) We are pleased to enclose one fully executed counterpart of the above identified contract. Thank you for your cooperation. erely, /.j.~ J mes H. Price rea Director Enclosure 1ir APRIL 1973 5th ANNIVERSARY U.S. FAIR HOUSING LAW SUPPORT IT - WORK FOR IT ^ . , \. NOTICE INVITING SEALED PROPOSALS OR 81 DS NORTHSIDE PARK TENNIS COMPLEX PROJECT NO. 1973-1 Pursuant to the Gilroy City Code and the action directing this notice on June 18, 1973, by the City Council of the City of Gilroy, said Council invites sealed proposals or bids for the construction of the Northside Park Tennis Complex as more particularly described in the plans and specifications approved by said Council on June 18, 1973. All of said work is to be done at the places and in the particular locations, of the forms, sizes and dimensions and of the materials, and to the lines and grades and at the elevations as shown and delineated upon the plans, profiles and specifications made therefor and preliminarily approved by said Council on June 18, 1973. Payments will be made in cash by said City to the contractor in ac- cordance with the provisions of the specifications and on itemized estimates duly certified and approved by the Parks and Recreation Director submitted in accordance therewith, based on labor and materials incorporated into said work during the preceding month by the contractor. All proposals or bids shall be accomp.anied by cash, cashier's or certi- fied check payable to the order of the City Clerk, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said Clerk signed by the bidder and a corporated surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The amount so posted shall be forfeited to said City in case the bidder depositing the same does not, within 15 days after written notice that the contract has been awarded to him, enter into a contract with the City. Contractor shall furnish to City a faithful performance bond and c/' labor and material bond as is required in said specifications. Said sealed proposals shall be delivered to the City Clerk of said City on or before 3:00 o.clock P.M. of the 12th day of July, 1973, City Hall, - 1 - . * , 7390 Rosanna Street, Gilroy, California, said time being at least ten days from the time of publication of this notice. Bids will be publicly opened, examined and declared on said day and hour, and will be referred to and considered by the Council at its meeting at 8:00 o'clock P.M. on July 16, 1973. A copy of the plans and specifications may be obtained from the office of Parks and Recreation, 253 West Seventh Street, Gilroy, California, upon deposit therefor of $5000 which will be non-refundable. BY ORDER OF THE CITY COUNCI L OF THE CITY OF GI LROY 0 / .,-----, ,~), . )_ )1 I. ' /., " ! ,/. , . f . ') (I -' . ... . ._./ />1..,11. /,J-(~ I'" /..--'",,-,(,.71-/1,,- .) Is/ SUSANNE E. STEINMETZ J..... City Clerk of the City of Gilroy Dated: June 20, 1973 Publ ish: June 22, 1973 (Also sent copy to Daily Construction Service, P. O. Box 3019, S.F. 94119 and Builders Exchange of Santa Clara County, 460 Park Ave.,S.J. 95110) - 2 - ''', l., ,.- 1 " .' COttTRACT LAS ANH1AS PARK MULTI-PURPOSE SLAB PROJECT 1976-1 THIS AGREEMENT, made and entered Into this 19th day of January . 1 97!:-, by and between Granite Construction Company . hereinafter called "Contractor; and the CITY OF GILROY, hereinafter ca11ed "Cltyll; \-11 TNESSETH: \^mEREAS, the City Council of said City has awarded a contract to Contractor for performIng the work hereinafter mentioned in accordance with the sealed proposal of saId Contractor. NOH, THEREFORE, IT IS AGREED AS FOLLOHS: I. Scope of \Iork: The Contractor shall perform all the work, and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements. The Items and quantities of which are more particularly set forth In the con- tractor's bid therefor on file in the office of the City Clerk, except work done or to be done by others. 2. Time of Performance: The Contractor shall begin work within ten (10) days after official notice by the Parks and Recreation Director to proceed with the work and shall dIligently prosecute the same to completion before the expiration of thirty (30) working days. .... ,/ ~ . , 3. Payments: Payments will be made by City to Contractor for said work performed at the tImes and in the manner provided In the speclf'- cations and at the unIt prices stated In Contractor's bId. 4. Component Parts: This contract shat 1 consist of the following documents. each of which Is on fIle In the office of the City Clerk and all of which are Incorporated herein and made a part thereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals c) Instruction and Information to Bidders d) Accepted Proposal e) Faithful Performance Bond f) Labor and Material Bond g) Special Provisions h) Standard Specifications I) Design Standards j) Plans. Profiles and Detailed Drawings 5. Wage Scale: Reference Is hereby made to the rate of prevailing wage sea 1 e es tab l1shed by the CI ty Coun<: II. a copy of wh I ch Is on file In the office of the City Clerk of the City of GIlroy and Is set forth In the specifications. the provisions of which are hereby specified as the rate of prevailing wage to be paid workmen on this project, and the provisions of Article 2, Chapter 1, Part 7. DivisIon 2 (commencIng wIth Section 1770) of the Labor Code shall be complied with. 6. Hours of Labor: The Contractor shall forfeit. as penalty to City. Twenty-five Dollars ($25.00) for each workman employed In the executIon of the contract by him or by any subcontractor, for each ca,lendar day during which any workman Is requl red or permitted to labor more than eight (8) hours In anyone calendar day and forty (40) hours In anyone calendar week, In vIolation of the provision of Article 3, Chapter 1. Part 7. DIvision 7 (commencing with Section 1810) of the Labor Code of the State of California. j.. ,Ill. ... . 7. A~prentlces: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured, apprentices may be employed In the prosecution of the work. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Director of the Department of Industrial Relations, who is the Administrative Officer of the California Apprenticeship Council. 8. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race color or religion of such persons and every contractor for public works violating this section is subject to all the penalties Imposed for a violation of this chapter ." 9. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter I, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor Is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. -28- .., ... ,.', IN WITNESS WHEREOF. City has caused these presents to be executed by its officers, thereunto duly authorized, and the Contractor has subscribed same, all on the day and year first above written. By .By H. Pro tempore ATTEST: /<1 . f c'/ r--,:J=, ,/JfUO{t1'J'h</ V /-' ~- /' City Clerk . / I "C \TV" (SEAL) I S~,t/ Contractor's Bond For Labor and Material r ~asto"rm. KNOW ALL MEN BY THESE PRESENTS: '"', /(; 'I ,', . That GRANITE CONSTRUCTION COMPANY, a corporation, as principal, l CTt_~~~ I ann H R SCOTT an as sureties, are jointly and severally bound unto CITY OF GILROY California, in the penal sum of Pi VP. 'rnolls::mn, Ei ght: Hundred Forty-Five &. 1)0/100 nollars ($ I) ,R41) I) 0 ), to be paid to the sain CITY OF GIRLOY for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, firmly by these presents. The conditions of the above obligations are such that if the said principal, as contractor, or its assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon, of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, the said sureties will pay the same in an amount not to exceed the sum specified in the bond, and also, in case suit is brought upon such bond, a reasonable attorney's fee, to be fixed by the Court and taxed as costs, in a certain contract about to be made between said principal, as contractor, and said owner, consisting of Las Animas Park Multi-Purpose Slab Project 1976-1 SEALED with our seals and dated this 19th day of January ,19~, and executed~~ in the County of Santa Cruz GRANITE CONSTRUCTION COMPANY By i ,,~~ H. B. Scott, President J +-t-~ H. B. Scott, \ " "~:J,, n - \1~'- ~ ~ D .... W. A. Wi ~nson, Contractor Surety STATE OF CALIFORNIA COUNTY OF SANTA CRUZ H. B. SCOTT } 88. .4..... to..-----' Surety AND whose names are subscribed as sureties to the above bond, being severally duly sworn, each for himself, deposes and says: That he is worth double the sum mentioned therein, to-wit: is worth the sum of Eleven Thousand. \-7. A. WILKINSON Six Hundred Ninety-One & No/100 nollars ($11.691.00 in fixed property and real estate, situate in the State of California, over and above his just debts and liabilities, exclusive of property exempt from execution and over and above all sums for which he is already liable or in any manner bound, whether as principal, endorser or surety, and whether such prior obligation or liability be conditional or absolute, liquidated, certain or contingent, due or to become due. Subscribed and sworn to before me this 19 t h /H~ ~ ~ H. B. S"tt\". \~ ' Surety ";..... '- cl ~ \... \... 3. ~l"'\'" .--' W. A. Wilkinson Surety day of January , 19-26-. ll;i '. \.......... _____0" _-LL ,'- " '< . Notary Public in and for the County of Santa Cruz, State of California. !"~ilIl!"'..n'llllUlil!~I~nUO~H(U-"f.~ ;"~"nrUtUdt.. = ~_ OFF!CIAL SSAL = :: e'j:~, FERN STROH ~ : l:r;~;,~t.)~~~~ "r , ~ ::: ;j~ <';f}1 NO. ~,RY PUBLIC Ct'.L !FORNI.o, :: a ~!kj,. Princ!paIOffic() in Si\Ni.t\ CRUZ County ~ : My Commission Expires April 22, 1979 :: .1...I..nllllllliu.QalJUn..nuiulI.uUIIIIUI..lllii My commission expires Apr i 1 2 2, 197 9 Approved this day of ,19_. PLM 45"7 Attest: 1;~ as toVOrrn: Contractor's Bond For Faithful Performance c;.~^'~ KNOW ALL MEN BY THESE PRESENTS: That GRANITE CONSTRUCTION COMPANY, a corporation, as principal, ann H R SCOTT ann W A. \-JILKINSON as sureties, are jointly and severally bound unto CITY OF GILROY State of California, in the penal sum of Eleven Thousand I Six Hundred Ninety-One and Noll 00 - Dollars ($ll t 691. 00 ), to be paid to the sain Ci ry of Gi 1 ray for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounden Principal, or its assigns or subcontractors, shall well and truly keep and faithfully perform the covenants, conditions and agreements, in a certain contract about to be made between it, an on its part to be kept and performed in the manner and orm therein specUied, and shall furnish materials in com- pliance with the specifications, and perform the work for Ci ty "f (':i J roy County of Santa Clara , State of California, consisting of Las Animas Park Multi-Purpose Slab Project 1976-1 Then the above obligation to become void, otherwise to remain in full force and effect. SEALED with our seals and dated this 19 t h day of Jan11ary , 19-26-, and executed <X:lJlbtx~ in the County of San t :;1 Cr1) z GRANITE a;'NS~CC:MPANY By I~ H. B. Scott, President Contractoc I~'~ H. B. Scott, ~\, ~_, \->j,-- ~ \'k.,'-" ~ - W. A. Wilkinson, S~ty S~ty STATE OF CALIFORNIA COUNTY OF SANTA CRUZ } 88. H B SCOTT AND W A WILKTNSON ' whose names are subscribed as s~ties to the above bond, being severally duly sworn, each for himself, deposes and says: That he is worth double the sum mentioned therein, to-wit: is worth the sum of Twenty-Three Thousand, Three Hundred Eighty-Two & No/lOa Dollars ($23. 382.00 ) in fixed property and real estate, situate in the State of California, over and above his just debts and liabilities, exclusive of property exempt from execution and over and above all sums for which he is already liable or in any manner bound, whether as principal, endorser or surety, and whether such prior obligation or liability be conditional or absolute, liquidated, certain or contingent, due or to become due. I +-Z..~ (~ day of January H. B. Scott, l".~ ~ ~~ . ~ . --'.0'--- S;.} ~)~ l II t\ 19tn W. A. Wilkinson, ,l9~. S~ty Subscribed and sworn to before me this Surety ;. ;2t/ i //., / '-.--_.. ' .... - /~ L L. ~ "- L'f~L. Notary Public in and for the County of Santa Cruz, State of California. !' n IU an! ~n I na; u. ~~:,! f, ~! i u~:.n l! I ~5C lun nlln~: II 5 <0 OFFICIAL SEAL : :: /~ FERN STROH = tc !; ~:Sk:!~~7:"~ ~ ~ ' ,', NOT.lI.RY PUBLIC - Ci~l. !FORN!,. 1: 5 'f;I PrinciQal Ofiice in SANTA CRUZ County ~ ; My Commission Expires April 22. 1979 r~ 11I1 anti i ~I! 3MU En: ~~.t, ~~!: ~ ~~~ I! ~ nu! I, I! n, USI ~ I II!! IE My commission expires Ap r i 1 22. 197 9 Approved this day of , 19_ PFP Attest: 45118 2 "- .. . CITY OF GilROY lAS Af'HMAS PARK nUL TI-PURPOSE SlAR PROJECT 1976..) !lIDS DUE: JANUARY 5. 197(; 9:00 A.f1. GilROY CJTY HALL 6TH & ROSAmlA ~T.. GILROY " NOTICE INVITING SEALED PROPOSALS OR BIDS LAS ANIMAS PARK HULTI-PURPOSE SLAB PROJECT 1976-1 All of said work is to be done at the places and in the partI- cular locations, of the forms, sizes and dimensIons and of t~e materials, and to the lines and grades and at the elevations as shown and delineated upon the plans, profiles and specifications made therefor. Payments will be made in cash by said City to the contractor in accordance with the provisions of the specifications and on itemized estimates duly certified and approved by the Parks and ~ccreation Director submitted in accordance therewith, based on labor and materials incorporated Into said work during the preceding month by the Contractor. tJotlce is hereby given that on Hay 19, 1975, the City CouncIl adopted a resolution determining the general prevailing rate of per diem wages to be paid to the various craftsmen and laborers required to construct said improvements. Said resolution is hereby made a part of the specifications for saId work, to which reference is hereby made for further particulars. -1- All proposals or bids shall be accompanied by cash, cashier's or certified check payable to the order of the City Clerk, amounting to ten percent (10%) of the bid, or by a bond in a said amount and payable to said Clerk signed by the bidder and a corporated surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The amount so posted shall be for- feited to said City in case the bidder depositing the same does not, within 15 days after written notice that the contract has been awarded to him, enter into a contract with the City. Contractor shall furnish to City a faithful performance bond and labor and material bond as is required in said specifications. Said sealed proposals shall he delivered to the City Clerk of said City on or before 9:00 o'clock A.t1. of the 5th day of January 1976, City Hall, Gilroy, California, said time being at least ten days from the time of publication of this notice. Bids will be publicly opened, examined and declared on said day and hour, and will be referred to and considered by the Council at its meeting at 8:00 o'clock P.M. on January 5, 1976. A copy of the plans and specifications may be obtained from the office of the Parks and Recrea~ion Department, 253 West 7th Street, (mailing address: P.O. Box 66, Gilroy, California 95020). - Dated: City Clerk of the City of Gilroy -2- SECTION I PROPOSAL RE~UIREMENTS (a) GENERAL INFORMATION (a The City Council of the City of Gilroy, California, will receive at Its office, 7390 Rosanna Street in City until 9:00 o'clock A.M. on January 5, 1976 at whIch time they will be publicly opened and read. SEALED PROPOSALS FOR PERFORMIt1G HORK AS FOLlm-lS: The constructIon of a Multi-Purpose Slab at las Animas Park. The work to include installation. of the multi-purpose slab tas shol;./n on the plans. Said Bids wIll be referred and considered by the City Council at the meeting at 8:00 o'clock p.m. on the 5th day of Janunry 1976. (b) PROPOSAL FORMS All proposals must be made upon the schedule of proposal contaIned within the specifications. All proposals must give the prices proposed in both writing and figures, and must be signed by the bidder. with his address. .f the proposal Is made by an Individual. his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation. the proposal must show the name of the state under which laws of the corporation was chartered and the names, titles and business addresses of the president, secretary and treasurer. (c) BIDDER'S GUARANTY AND RETURN OF GUARANTY All bids must be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check. or bidder's bond, made payable to City of Gilroy. for an amount equal to at least ten per cent (10%) of the amount of said bid and no bid shall be considered unless such cash, cashier's check, certified check or bidder's bond is enclosed therewith. Said check shall be forfeited or said bond shall become payable to City of Gilroy in case the bidder depositing same does not withIn fifteen (15) days after wrItten notice that the contract has been awarded enter into a contract with the City. Upon request of the bidder, the City of Gilroy will return the proposal guarantees accompanyIng such of the proposals which are not to be considered in makIng the award. All other proposal guarantees will be held until the contract has been finally executed, after which they wIll be returned to the respective bidders whose proposals they accompany upon request. -3- (d) CONTRACT BONDS The Contractor shall furnIsh two good and suffIcient bonds. men One of the saId bonds shall be In amount equal to one hundred per cent (100) of the total contract prIce to guarantee the faIthful performance of the said contract by the contractor; and the other of the saId bonds shall be In the amount of fIfty per cent (50%) of the total contract prIce in accordance with the provIsions of SectIon 4200 to 4210, InclusIve, (Chapter 3, DivIsIon 5) of the Government Code of the State of California and any acts amendatory thereof. The faithful perfonnance bond hereInabove provided for shall by the te~ remaIn In full force and effect for a period of one (1) year after the completion and acceptance of said work to guarantee the repaIr and replacement of defectIve materIal and faulty workmanshIp. In lieu of saId faithful performance bond for maintenance, the fOntractor may furnish a maIntenance bond In the amount of 10% of the total contract price to cover the one year (1) maintenance period. Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protectIon of the claIms of laborers and materIal men, become InsuffIcIent, or the City of GIlroy has cause to believe that such surety or suretIes have become Insufficient, a demand In wrItIng may be made of the Contractor for such further bond or bonds or addItIonal surety, not exceeding that originally requIred, as Is con- sIdered necessary, consIderIng the extent of the work remaInIng to be done. Thereafter no payment shall be made upon such contract or any assIgnee of the Contractor untIl such further bond or bonds or addItIonal surety has been furnished. (e) REJECTION OF PROPOSALS CONTAINING ALTERATION ERASURES OR IRREGULARITIES Proposals may be rejected If they show any alterations of form additIons not called for, conditIonal or alternative bIds, Incomplete bIds, erasures, or Irregularities of any kind. The right Is reserved to reject any and all proposals and to waive any InformalIties or IrregularIties In the proposal. (f) AWARD OF CONTRACT The award of the contract, If it is awarded, will be made within thirty (30) days after the openIng of the proposals. PrIor to award of contract, the successful Contractor wIll be required to submit such information as Is necessary to comply with the City's AffIrmatIve ActIon Plan, a copy of which Is attached to these specifIcations. (g) EXECUTION OF CONTRACT The contract shall be signed by the successful bIdder and returned, together with the contract bonds, within ten (10) days after the bidder has receIved notice that the contract has been awarded. No proposal shall be considered binding upon the CIty until the execution of the contract. FaIlure to execute a contract and file acceptance bonds as provIded hereIn within fifteen (15) days after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. -4- (h) EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK The bidder Is required to examine carefully the site of and the proposal, plans, specifications, and contract forms for, the work contemplated, and It will be assumed that the bidder has Investigated and Is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requIrements of the specificatIons and the special provIsions, and the contract. It Is mutually agreed that submission of a proposal shall be considered prIma facie evidence that the bidder has made such examInation. (I) MATERIAL AND EQUIPMENT GUARANTY Before any contract Is awarded, the bidder may be required to furnish a complete statement of the origin, composItion and manufacture of any or all materials to be used and equipment to be Installed In the construction of the work, together with samples, which samples may be subject to the tests provided In the specifications to determine their quality and fitness for the work. (j) WORKMEN'S COMPENSATION INSURANCE Before the contract Is entered Into, the bidder to whom It is awarded shall furnish the City satisfactory proof that he has taken out, for the period covered by the proposed contract, full compensation Insurance with the Insurance carrier satisfactory to the City, for all persons whom he may employ directly or through subcontractors In carry. Ing out the work contemplated under this contract, In accordance with the Act of the Legislature of the State of CalIfornia known as the '~orkmenls Compensation Insurance and Safety Act," approved Hay 26, 1913, be maintained In full force and effect during the perIod covered by the contract. If the Contractor falls to maintaIn such Insurance, the City may take out the compensation insurance to cover any compensation which the City might be liable to pay under the provisIons of said Act, as amended, by reason of an employee of the Contractor being Injured or killed, while engaged In the executIon of the work covered by the contract, and deduct and retain the amount of the premiums for such Insurance from any sums due the Contractor under the contract. If an Injury occurs to any employee of the Contractor for which the employee, or his dependents In the event of his death, it is entitled to compensation for the City under the provisIons of said Act, as amended, or for which compensation Is claimed from the City, the City may retain out of the sums due the Contractor under this contract, an amount sufficient to cover such compensation, as fixed by said Act as amended. Until such compensation Is paid or until it Is determined that no compensation Is due, and if the City Is compelled to pay such compensa- tion, It will deduct and retain from such sums the amount so paid. -5- (k) PUBLIC LIABILITY INSURANCE AND PROPERTY DAMAGE INSURANCE Before the contract Is entered Into, the bIdder to whom It Is awarded shall furnIsh to the CIty satisfactory proof that he has taken out for the perIod covered by the proposed contract, pub I Ic liabIlIty Insurance and property damage Insurance wIth an Insurance carrIer satIsfactory to the CIty under forms satisfactory to the City, to protect the Contractor and the CIty agaInst any loss from lIabIlity Imposed by law for damages, (1) on account of bodily InJuries, IncludIng death resulting therefrom, accIdentally suffered by any person or persons not employed by the Contractor, that may be caused dIrectly or Indirectly by the performance :>f the contract. and (2) on account of Injury to or .destructlon of property, Including the resultant loss of use thereof, resulting from any act of commission or omIssion by the Contractor, or otherwise resultIng directly or IndIrectly from the Contractor's opera- tions In the performance of the contract. SaId public liability Insurance and property damage Insurance shall be maintained by the Contractor tn full force and effect during the entire period of performance of the contract. Said public liabIlIty Insurance shall be In the amounts of not less than $100,000.00 for one person Injured In one accIdent, and not less than $300,000.00 for more than one person Injured In one accident, and saId property damage Insurance shall be In the amount of not less than $IOO,noo.oo for anyone accident. If the Contractor falls to maintaIn such Insurance, the City may take out such Insurance to cover any damages for the above mentIoned classes for whIch the CIty might be held liable on account of the Con- tractor's failure to pay such damages, and deduct and retaIn the amount of the premiums for such Insurance from any sums due the Contractor under the contract. At least 5 days notice shall be given the City before can- celling any Insurance. Nothing hereIn shall be construed as limiting In any way the extent to which the Contractor may be held responsible for payments of damages resulting from hIs operatIon. The Contractor shall also fIle with the City Clerk a certificate evidencing that the CIty and Its officers, agents and employees are Included as assured In relatIon to saId project. SECTION 2 SCOPE OF WORK (a) WORK TO BE DONE The work to be done consists of furnishing all labor, materials, methods and processes, Implements, tools, and machinery, except as otherwise specIfIed, which are necessary and required to construct and put In complete order for use the portion of the Improvement designated In the contract, and to leave the grounds In a neat condition. (b) ALTERATIONS By mutual consent In wrltln9 of the parties signatory to the contract, alterations or deviations, increases or decreases, additions or omissions, In the plans and specifications, may be made and the same shall in no way affect or make void the contract. -6- The CIty of Gilroy reserves the right to Increase or decrease the quantity of any Item or portIon of the work. or to omit portions of the work as may be deemed necessary or expedient by the Parks and Re creat Ion D I rector. (c) EXTRA \>lORK New and unforeseen work will be classed as extra work when such work cannot be covered by any of the various Items or combInatIons of items for which there Is a bId prIce. The Contractor shall do no extra work except upon wrItten order from the Parks and Recreation DIrector. For such extra work the Contractor shall receive payment as prevIously agreed upon In writing. or he shall be paid on force account. (d) REMOVAL OF OBSTRUCTIONS the Contractor shall remove and dispose of all structures, debris, or other obstructions or any character to the construction of the Improvement, If and as required by the Parks and RecreatIon Director. The Contractor's attentIon Is also dIrected to the special provisions for further specIfIcs. (e) FINAL CLEANING UP Upon completion and before making applIcation for acceptance of the work, the Contractor shall clean the street or road, borrow pits and all ground occupied by him In connection with the work, of all rubbish, excess materials, temporary structures, and the equipment; and all parts of the work shall be left in a neat and presentable conditIon. SECTION 3 CONTROL OF THE WORK (a) AUTHORITY OF THE PARKS AND RECREATION DIRECTOR The Parks and Recreation Director shall decide any and all questIons which may arise as to the qualIty or acceptabilIty of materIals furnished and work perfonmed, and as to the manner of performance and rate of progress of the work, all questions which arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to claims and compensation. The Parks and Recreation Director's decisions shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor falls to carry out promptly. (b) PLAr~S All authorized alterations affecting the requirements and information given on the approved plans shall be In writing. No changes shall be made of any plan or drawing after the same has been approved by the Parks and Recreation Director, except by direction of the Parks and Recreation D I rec to r . WorkIng drawings of plans for any structure not Included In the plans furnIshed by the Parks and Recreation Director shall be approved by the Parks and Recreation Director before any work InvolvIng these plans shall be performed, unless approval be waived in wrIting by the Parks and Recreation Director. It Is mutually agreed, however, that approval by the Parks and Recreation Director of the Contractor's working plans does not relieve the Contractor of any responsIbility for accuracy of dImensIons and details, and that the Contractor shall be responsible for agreement and confonnlty of his workIng plans wIth the approved plans and specifIcations. (c) CONFORMITY ""TH PLANS AND ALLOWABLE DEVIATION FInished surfaces In all cases shall confonn with the lines, grades, cross-sections, and dImensions shown on the approved plans. Deviation from the approved plans, as may be requl red by the urgencies of construction, will be detennlned In all cases by the Parks and Recreation DIrector and authorized in writIng. (d) COORDINATION OF PLANS, SPECIFICATIONSf AND SPECIAL PROVISIONS These specIfications, the plans, special provisions, and all supplementary documents are essential parts of the contract, and a requIrement occurring In one Is as bindIng as though occurring In all. They are Intended to be cooperative, to describe, and to provide for a complete work. Plans shall govern over specifications; special provisions shall govern over both specifications and plans. (e) INTERPRETATION OF PLANS AND SPECIFICATIONS Should It appear that the work to be done, or any matter relative thereto, Is not suffIcIently detailed or explained In these specifIcations, plans, and the special provision, the Contractor shall apply to the Parks and Recreation Director for such further explanations as may be necessary, and shall conform to such explanation or Interpretation as part of the Contract, so far as may be consistent with the Intent of the original specifications. In the event of doubt or question relative to the true meaning of the specIfications, reference shall be made to the City Council, whose decisIon thereon shall be final. In the event of any dIscrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. (f) SUPERINTENDENCE \~enever the Contractor Is not present on any part of the work where It may be desired to give directions, orders will be given by the Parks and Recreation Director in writing, and shall be received and obeyed by the superintendent or foreman In charge of the particular work In reference to which orders are given. (g) LINES AND GRADES All distances and measurements are given and will be made in a horizontal plane. Grades are given from the tip of stakes or nails, unless otherwise noted on the plans. Three consecutive poInts shown on the same rate of slope must be used In common, In order to detect any variation from a straight grade, and In case any such dIscrepancy exists, It must be reported to the Parks and Recreation DIrector. If such a discrepancy Is not reported to the Parks and Recreation Director, the Contractor shall be responsible for any error In the finished work. The Contractor shall give at least 24 hours' notIce In writing when he will require the services of the Parks and Recreation Director for laying out any portion of the work. The Contractor shall furnish the Parks and Recreation Director such facilities and the labor necessary for marking and maintaining points and lInes as he may require. labor furnished by the Contractor for such purposes will be paId for as Extra Work. -8- The Contractor shall preserve all stakes and points set for lines, grades, or measurements of the work in their places until authorized to remove them by the Parks and Recreation Director. All expenses Incurred In replacing stakes that have been removed without property authorIty shall be paid by the Contractor. (h) INSPECT f Ot~ The Parks and Recreation DIrector shall at all tImes have access to the work during constructIon, and shall be furnished wIth every reasonable facility for ascertaIning full knowledge respecting the progress, workman- ship, and character of material used and employed In the work. Whenever the Contractor varies the period during which work Is carried on each day, he shall give due notice to the Parks and Recreation Director, so that proper inspection may be provided. Any work done In the absence of the Parks and Recreation Director will be subject to reJection. Defective work shall be made good, and unsuitable materials may be rejected, not- withstanding the fact that such defective work and unsuitable materIals have been previously overlooked by the Parks and Recreation Director and accepted or estimated for payment. Projects financed In whole or in part with State funds shall be subject to Inspection at all times by the Director of Public Works, or his agents. (I) REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK All work whIch Is defective In Its construction or deficIent In any of the requlements of these specIfications shall be remedied, or removed and replaced by the Contractor In an acceptable manner, and no compensation will be allowed for such correction. Any work done beyond the lines and grades shown on the plans or establIshed by the Parks and Recreation DIrector made under the provisions of thIs article, the Parks and Recreation Director shall have authority to cause defective work to be removed, and to deduct the costs thereof from any moneys due or to become due the Contractor. (j) FINAL INSrECTION Whenever the work provided and contemplated by the contract shall have been satisfactorily completed and fInal cleaning up perfonmed, the Parks and Recreation Director will make the final InspectIon. SECTION 4 CONTROL OF MATERIALS (a) SAMPLES AND TESTS At the option of the Parks and Recreation DIrector, the source of supply of each of the materials shall be approved by the Parks and Recreation Director before delivery Is started and before such material Is used In the work. Representative prelIminary samples of the character and quality prescrIbed shall be submitted by the Contractor or producer of all materials to be used In the work, for testIng or examination as desired by the Parks and Recreation Director. All tests of materials furnished by the Contractor shall be made In accordance with commonly recognized standards of national organizatIons, and such special methods and tests as are prescribed In these specification -9- The Contractor shall furnIsh such samples of materials as are requIred by the Parks and RecreatIon DIrector, without c'nrge. :;0 nat(:rial shall be used untIl It has been approved by the Parks and RecreatIon DIrector. Samples will be secured and tested whenever necessary to determIne the quality of material. (b) DEFECTIVE MATERIALS All materIals not conformIng to the requirements of these specific. tlons shall be consIdered as defective, and all such materIals, whether In place or not, shall be rejected and shall be removed Immediately from the site of the work unless otherwIse permitted by the Parks and Recreation Director. t~ rejected materials, the defects of whIch have been subsequent 1 corrected, shall be used until approved in writIng by the Parks and Recreation Director. Upon faIlure on the part of the Contractor to comply with any order of the Parks and Recreation Director shall have authority to remove and replac( defective materIal and to deduct the cost of removal and replacement from any moneys due or to become due the Contractor. SECTiON 5 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC (a) lAWS TO BE OBSERVED The Contractor shall keep himself fully Informed of all existing and future State and National laws and all municipal ordinances and regulations of the City which In any manner affect those engaged or employed In the work, or the materials used In the work, or whIch in any way affect the conduct of the work, and of all such orders and decrees of bodIes or tribunals having any jurisdiction or authority over the same. (b) HOURS OF lABOR The Contractor shall forfeit, as penalty to the City of Gilroy Twenty-five Dollars ($25) for each laborer, workman, or mechanic employed In execution of the contract by him or by any subcontractor under him upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic Is required or permitted to labor more than eight (8) hours In anyone calendar day and forty (40) hours In any one calendar week In violation of the provIsions of the labor Code, and In partIcular, Section 1810 to 1816 thereof, InclusIve. (c) PREVAILING WAGE The Contractor shall forfeit as penalty to the City of Gilroy Ten Dollars ($10) for each laborer, workman or mechanic employed, for each calendar day or portion thereof, such laborer, workman, hereinafter stipulated for any work done under the attached contract, by him or by any subcontractor under him, In violatIon of the provisions of the labor Code, and In particular, Sections 1770 to 1781 thereof, Inclusive. -10- , The City Council has ascertained the general prevailing rate of wages applicable to the work to be the same as those approve by the Santa Clara and San Benito Counties Building and Construction Trades Council, 370 Umbarger Road, San Jose, California. A copy of said wage scale is on file in the Office of the City Clerk, City of Gilroy, 7390 Rosanna Street, Gilroy, California. Said wage scale was adopted by the City Council on May 19, 1975 by Resolution 75-22. (d) LABOR PROVISIONS Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any sub-contractor under him. Section 1777.5, as amended, requires the Contractor or sub- contractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the contractor provides evidence that he employs re- gistered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and any sub-contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obt~tned 'from the Director of Industrial. Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. -11- (e) REGISTRATION OF CONTRACTOIS Before subinUtlngbhtS.COfttractors shall be Hcensed In accordance with the provisions of Chapter 9 of DivisIon 111 of the Business and Profess fons Code. (f) PERMITS AND liCENSES 11IeJ Contractor shall procure a11 permits and Beenses, pay all charges and fees, and give 4111 notIces necessary and 'neldenta) to the due and lawful prosecution of the work. (g) PATENTS The Contractor shall a5S\lRe alt responslbll hies arising from the use of patented materials, equipment, devices, or processes used on 01" J nc:orporated I n the work. (h) PUBLIC CONVENIENCE AND SAFETY The Contractor shall so conduct his operations as to cause the least possIble obstruction and Ineonvenlence to the general publIc and to traffic:. ConvenIent access to drIveways, and buIldings atong the street shall be maIntained and temporary crossings shall be provided and malntatned In good condition. Not more than one cross or Intersecting street or road sha It be closed at anyone t tme wi thout the approva I of the Parks and Recreation Director. The Contractor shalt furnIsh, erect, and maintaIn such fences, barriers, lights, and sIgns as are necessary to give adequate warnIng to the public at all times that the road or street Is under construction and of any dangerous c.ondltions to be encountered as a result thereof. The Contractor shalt limit his hours of construction to the time period from 7:30 a.m. to 6:00 p.m. Construction earlier or later than this period shan have to be approved by the Parks and Recreation Director. (I) RESPONSIBILITY FOR DAMAGE The City of GIlroy, Its officers, agents and employees, the City Attorney, or the Parks and Recreation Director shall not be answerable or accountable In any manner for any 105s or damage that may happen to the work or any part thereof; or for any materIal or equipment used In per- formIng the work: or for Injury or damage to any person or persons, either workmen or the publIc: for damage to adjoIning property from any cause whatsoever during the progress of the work or at any time before final acceptance. The Contractor shall Indemnify and save hannless the City of Gilroy, Its officers, agents and employees, the City Attorney, and the Parks and Recreation Director from any suits, claIms, or actIons brought by any person or persons for or on account of any InjurIes or damages sustained or arising In the construction of the work or In consequence thereof. The CIty of GIlroy may retaIn 50 much of the money due the Contractor as shall be considered necessary, until d'sposltlon has been made of such suItes or claims for damages as aforesaId. -12- (j) CONTRACTOR'S RESPONSIBILITY FOR WORK Except as provIded above, until the formal acceptance of the work the Contractor sha I I have the charge and care thereof and sha 11 bear the risk of Injury or damage to any part thereof by the action of the elements or from any other cause, whether arisIng from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all Injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such Injuries or damages occasIoned by acts of the federal government or the publIc enemy. (k) NO PERSONAL liABILITY NeIther the CIty of GIlroy, Its agents, officers and employees, City Attorney, the Parks and RecreatIon Director, nor any other officer or authorized assistant or agent shall be personalty responsible for any lIabilIty arIsIng under the contract. (I) RESPONSIBILITY The CIty of GIlroy shall not be held responsIble for the care or protection of any materIal or parts of the work prIor to fInal acceptance, except as expressly provided In these specIfIcations. SECTION 6 PROSECUTION AND PROGRESS (a) SUBLETTING AND ASSIGNMENT The Contractor shall give hIs personal attention to the fulfillment of the contract and shall keep the work under his control. Sub-contractors wi 11 not be reeognlzed as such, and al1 persons engaged In the work of constructIon will be considered as employees of the Contractor and theIr work shall be subject to the provisions of the contract and specIficatIons. Where a portIon of the work sublet by the Contractor Is not being prosecuted In a manner satIsfactory to the Parks and RecreatIon DIrector, the sub-contractor shall be removed ImmedIately on the requisitIon of the Parks and Recreation Director. The contract may be assIgned only upon written consent of the Parks and Rec rea t Ion D I rector. (b) PROGRESS OF THE WORK AND TIME FOR COMPLETION The Contractor shall begIn work wIthIn ten (10) days after reeelvlng notice that the contractor Is acceptable and shall dIlIgently prosecute the same to completIon before the expiration of thIrty (30) workIng days from the date of conmencement of work. (c) CHARACTER OF WORKHEN If any sub-contractor or person employed by the Contractor shall fail or refuse to carry out the dIrections of the Parks and Recreation Director or shall appear to the Parks and Recreation Director to be Incompetent or to act In a dIsorderly or Improper manner, he shall be dIscharged Immediately on the requisition of the Parks and RecreatIon Director, and such person shall not agaIn be employed on the work. -1)- (d) TEMPORARY SUSPENS ION OF WORK ~e Parks and RecreatIon Director shall have the authority to suspend the work wholly or In part, for such period as he may deem necessary, due to unsuitable weather, or to such other condItions as are consIdered unfavorable for the suitable prosecutIon of the work, or for such tIme as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contractor shall Inmedlately obey such order of the Parks and Recreat Ion D I rector and sha 11 not resume the work unt I 1 ordered In writing by the Parks and Recreation DIrector. (e) TIME OF COMPLETION AND LIQUIDATED DAMAGES I t Is agreed by the parties to the contract that In case al1 the work called for under the contract Is not completed before or upon the expIration of the time limIt as set forth In these specIfIcatIons, damage will be sustained by the City, and that It Is and wIll be Impracticable to determIne the actual damage whIch the City will sustaIn In the event of and by reason of such delay, and It 15 therefore agreed that the Contractor will pay to the City, the sum of Fifty Dollars ($50) per day for each and every day's delay beyond the time prescrIbed to complete the work; and the Contractor agrees to pay such liquIdated damages as hereIn provided, and In case the same are not paid, agrees that the City Council may deduct the amount thereof from any money due or that may become due the Contractor under the contract. It Is further agreed that In case the work called for under the contract Is not finished and completed In all parts and requirements within the time specified, the City of Gilroy shall have the right to extend the time for completion or not, as may seem best to serve the Interest of the City of GI1~y; and If It decides to extend the tIme limit for the completion of the contract, It shall further have the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as It may deem proper, of the actual cost of engineering, inspection, superIntendence, and other overhead expenses whIch are dIrectly chargeable to the contract, and whIch accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be Included In such charges. The Contractor shall not be assessed with liquIdated damages nor the cost of engineerIng and Inspection durIng any delay In the completion of the work caused by acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantIne restrIctIons, strIkes, freight embargoes, and unusually severe weather or delays of sub-contractors due to such causes; provided, that the Contractor shall wIthin ten (10) days from the beginning of any such delay notify the Parks and Recreation Director In wrItIng of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive. (f) SUSPENSION OF CONTRACT If at any tIme In the opinion of the City Council the Contractor has failed to supply an adequate working force, or material of proper qualIty, or has failed In any other respect to prosecute the work with the dIligence and force specifIed and Intended In and by the teMmS of the contract, notice thereof in wrItIng will be served upon hIm and should he neglect or refuse to provide means for a satisfactory compliance wIth the contract, as directed by the Parks and Recreation Director, within the tIme specified In such notice, the Cfty Council In any such "14- case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall dIscontinue said work, or such parts of It as the City may designate. Upon such suspensIon, the Contractor's control shall tennlnate. and thereupon the City Counctl or Its duly authorized representatIve may take possessIon of all or any part of the Contractor's materIals, tools, equipment, and appliance upon the premises, and use the same for the purpose of completing saId contract, and hire such force and buy or rent such additional machinery, tools, appliances, and equIpment, and buy such addItional materials and supplies at the Contractor's expense as may be necessary for the p~per conduct of the work and for the completIon thereof; or may employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, In such manner as the City Council may deem proper; or the CIty CouncIl may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties. who wl'l be liable therefor. In the event of such suspension, all money due the Contractor or retaIned under the tenns of this contract shall be forfeited to the City of Gilroy; but such forfeiture will not release the Contractor or hIs suretIes from 'lability or failure to fulfill the Contract. The Contractor and his sureties wIll be credited with the amount of money so forfeited toward any excess of cost over and above the contract price. arising from the suspensIon of the operations of the contract and the" completion of the work by the City of GIlroy as ai,ove provIded. and the Contractor will be so credited with any surplus remaining after all Just claIms for such completIon have been paid. In the determinatIon of the question whether there has been any such non-complIance with the Contract as to warrant the suspension or annulment thereof, the decisIon of the C'ty Council shall be bInding on all parties to the contract. (g) EXTRA AND FORCE ACCOUNT WORK Extra work as hereinbefore defined, when ordered and accepted shall be paid for under a wrItten work order In accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon by the Contractor and the Parks and Recreation Director; or by force account. If the work is done on force account the Contractor shall receive the actual cost of all materials furnished by him as shown by his paId vouchers. plus fifteen per cent (15%). and for all labor. equipment and Items that are necessary he shall receIve the current prices In the locality, which shall have been previously detenmlned and agreed to writIng by the Parks and Recreation Director and by the Contractor, plus fifteen per cent (15%); provided, however. that the City Gilroy reserves the rIght to furnish such materIals requIred as It deems expedient, and the Contractor shall have no claims for profit on the cost of such materIals. The price paid for labor shall include any compen- sation Insurance paId by the Contractor. All extra work and force account shall be adjusted dally upon report sheets, prepared by the Parks and Recreation Director. furnished to the Contractor and signed by both partIes. which dally reports shall thereafter be considered the true record of extra work or force account work done. .15- (b) PROGRESS PAYMENTS fhe City Council shallt once In each montht cause an estimate In writing to be made by the Parks and Recreation Director of the total amount of work done and the acceptable materIals furnIshed and delivered by the Contractor on the ground and not used, to the time of such estimate and the value thereof. The City shall retain ten per cent (lot) of such estimated value of the work done and fIfty per cent (sot) of the value of the materIals so estimated to have been furnished and delivered and unused as aforesaid as part security for the fulfillment of the contract by the Contractor, and shall monthly pay to the Contractor whIle carryIng on the work, the balance not retaIned, as aforesaid, after deductIng therefrom all previous payment and all sums to be kept or retaIned under the provisions of the contract. No such estimate or payment shall be required to be made, when In the judgement of the Parks and RecreatIon Director, the work Is not pro- ceeding In accordance wIth the provIsIons of the contract, or when In hIs Judgement the total value of the work done since the last estimate amounts to less than three hundred dollars ($300). (c) FINAL PAYMENT The Parks and Recreation DIrector shall after the completIon of the contract, make a final estimate of the amount of work done there- under, and the value of such work, and the CIty shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partIal EstImates and payments shall be subject to correctIon In the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty-five (35) days from the date of acceptance of the work by the CIty Counc 11 . It Is mutually agreed between the parties to the contract that no certIfIcate given or payments made under the contract, except the fInal certificate or fInal payment, shall be conclusive evidence of the performance of the contract, either wholly or In part, against any clalm of the party of the first part, and no payment shall be construed to be an acceptance of any defective work or Improper materials. The Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and paymEnt for any work done In accordance with any alterations of the samet shall release the City Council, the City Attorney, and the Parks and Recreation Director from any and all claIms or liability on account of work performed under the contract or any alteration thereof. -16- SECTION 8 GENERAL CONDITIONS The work embraced herein shall be done In accordance with the app~prlate provisions of the specIfications, and to the City of Gilroy Standard Specifications and standard details. Whenever In the Standard Spectfcatlons the following tenms are used, they shall be understood to mean and refer to the fo Howl ng: Department of Parks and Recreation The City Councl 1 Director of Parks and Recreatlon-- The Director of Parks and RecreatIon of the CIty of Gilroy Director of Parks and Recreatlon-- acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory-- The designated laboratory authorized by the rlty to test materials and work Involved In the contract. State-- City of Gilroy SECTION 9 MATERIALS The Contractor shall furnish for use under these special provisions all materials required to complete the attached contract. -17- SECTIOH 10. DESCRIPTION OF PROJECT The scope of work under this contract is to furnish all the labor, materials and equipment for the construction of a multi-purpose slab at Las Animas Park located on Park Avenue off of Church Street. The work consists of the following: 1. Construction of a multi-purpose slab according to the attached plans and general specifications. The work is shown on the attached plans, in detail, and shall be done in accordance with the following special ~ovisions and construction details. The quantities herein are approximate only, being given as a guide to prospective bidders, and it is not guaranteed or implied that the actual final quantities will agree herewith. The City of Gilroy reserves the right to increase, decrease, or omit any of the items of work. -18- LAS ANIMAS PARK SPECIFICATIONS Multi-Use Slab Construction CONCRETE Page 1 of 9 Please follow specifications intended for multi-use slab only. 1. GENERAL The General Conditions, Supplemental General Conditions? Special Conditions and General Requirements of these Specifications shall apply to all work of this Division. 2. SCOPE OF WORK Furnish labor, materials and equipment for the installation of all Portland cement concrete work as shown on drawings. 3. SAMPLES A. Samples of all material under this Division shall be supplied as required for testing. B. Submit two l' x l' smaple panels of all concrete finishes and color indicated on drawings. C. Annroved samples shall be kept at the job site to serve as a prerequisite for all finishes. 4. MATERIALS A. Concrete shall be Class A concrete conforming to Section 90 of the Standard Specifications. B. Cement shall be Type II cement conforming to ASTM Designation Cl50 as modified by Section 90 of the Standard Specifications. C. Aggregates shall be 3/4 inch maximum size conforming to Section 90 of the Standard Specifications. D. Water shall be clear and free from injurious amounts of oil, acid, alkali, organic matter, or other deleterious substances. E. Reinforcing bars shall conform to the requirements of ASTM A615-68 intermediate grade, and deformed in accordance with Section 52 of the Standard Specifications. F. Filled joints, unless otherwise noted on the plans, shall be 1/4 inch thick, the full depth of the concrete section and conforming to Section 51 of the Standard Specifications. G. Welded wire mesh shall conform to ASTM AI85-68. H. Expansion joint filler conforming to ASTM D545-67, 3/8 inch thick, the full depth of concrete section. Non extruding. ~ i., 1 , . CONCRETE Page 2 of 9,~ 1. Integral Color: Coloring pigments shall be commercially pure hydrated oxides, produced by precipitation from solutions of iron salts. All particles shall have an, average diameter of less than one micron, and shall in mass be 99 per cent fineness, and meet the 325 mesh test with 95 per cent penetration. r , i ii' \ ,., I, r I Pigments must be insoluable in water, free from soluable salts and acids, impervious to infra red and ultra viole~ reaction, fortified against alkaline and weak acid solutions and free from calcium sulphate, in excess of 15 per cent. r To insure maximum dispersion and m~nlm~ze color str~aking in finished concrete set, pigments shall be fortified ,with a plasticizing' agent which is completely compatible with any Portland Cement, and shall not reduce the concrete strength at any age from untreated concrete, of the same flowabili ty. J .. Admixtures I t (1) Air-entraining Agent: Master Builders Biscol Resin, Sika AER, Sika Chemical Corp., or approved equal. ( f (2) Water-reducing Agent: Pozzolith'3L, Pl'astiment Admixture, Sika Chemical Corp., or approved equal. K. Curing Compound: Shall be "Westcure" process, West Chemical Products, Ine ~'. Berke ley. f. t L. Forms for Concrete [ (1) Pl~vood, steel, shiplap or paper lined sheathing. Plywood (waterproof) treated for ~reservation and ease of stripping, Burke Form Sealer or A C Horn Form-film. [ l l 1 (2) Lumber of grade and sufficient strength to provide forms which ''1i11 produce straight and true concrete surfaces at locations where con- crete ,vill remain exposed. (3) Foundations may be poured neat in ea.rth trenches provided earth is:. (a) stable, solid and reasonably true to lines and grades shmm on di'a\'!ings; and. (b) footing width is increased by 2 inches from dimen- sion given. (4) Forms for pavement shall be 2 X 4 DF. Curved shapes may be formed with sheet metal or plywood. '" I ! f 1, I CONCRETE Page 3 of 9 s. DEPTH OF FOOTINGS Bids shall be based upon depth of footings as shown or down to undisturbed soil as specified. No additional payment shall be allowed where deeper excavations are required because of over- excavation. All footings shall bear on solid undisturbed earth, or on compacted subgrade. 6. PREPARATORY WORK Concrete construction to receive work of other trades, or for other materials or items, shall be performed hereunder. Proper provisions shall be made for all recesses, anchorages, blocking, inserts and like items. Notify other trades for their installations and preparatory work well in advance of placing concrete. 7. FORMWORK - CAST IN PLACE CONCRETE A. All forms shall conform strictly to shape, lines, dimensions and details of concrete work as detailed. B. Design and construct forms to prevent spreading, settling or leaking when concrete is deposited. resist deflections of more than 1/8 inch between concrete is placed. C. All wood board and strip forms shall be thoroughly water soaked 12 hours prior to concreting. shifting, They shall supports after D. Forms shall be chamfered only at locations indicated on the drawings and by means of mouldings placed in forms. E. Form coating shall be applied before placing reinforced steel. F. Reuse of form material will be allowed after thorough cleaning. 8. PLACING OF REINFORCING STEEL A. Accurately locate reinforcing steel in the forms and firmly hold in place before and during the placing of concrete by means of wire supports to prevent displacement during the course of construction and to keep the steel at proper distance from the forms. B. Firmly and securely hold in position as specified in Section 52-1.07 of the Standard Specifications. C. Bar coverage shall be to outside face of bar. Steel shall be placed and lapped as per Section 52 of the Standard Specifica- tions. CONCRETE Page 4 of 9 D. Wire mesh shall be rolled flat before placing concrete and supported on chairs to height indicated on the drawings. E. All reinforcing steel shall be inspected by Landscape Architect prior to concreting. Reinforcing steel placed in walls shall be inspected by Landscape Architect prior to closing of outer forms. 9. CONSTRUCTION A. All concrete shall be mixed in accordance with applicable provisions of Section 90 of the Standard Specifications. B. Construction of concrete structures shall conform to applicable provisions of Section 51 of the Standard Specifications. Unless otherwise noted elsewhere in these Specifications, all exposed surfaces of structures shall have a Class I surface finish. C. Workmanship shall be equal to the best practice in modern con- struction. All work shall be first class in all respects. Contractor shall exercise care to make a uniform dense concrete of required strength and mix, true to elevations and line indicated on the drawings. 10. CONCRETE WITH INTEGRAL COLOR A. Integral color as specified shall be added to concrete work in quantity indicated on drawings. B. Metallic oxide additive required only at locations to receive integral color, as indicated on the drawings. C. A single brand of cement and identical sand and aggregates shall be used. The exact quantities of water per batch shall be maintained on the colored concrete batches. D. Concrete shall be colored with Conrad Sovig Color #17A65-2, Conrad Sovig Co., San Francisco., used at the rate of 3 pounds per sack of cement. E. To effect more complete color dispersion, add 2 ounces of water reducing admixture to the concrete. Color shall be added at the concrete plant directly to the batch mixer in the proportion specified, or the color shall be placed in the transit mixer trucks after loading the concrete. The truck mixer drum shall be continuously rotated for a minimum of 15 minutes or until the pigment is completely dispersed in the mix. Place using a 3 inch slump. Do not add surface water in finishing. Calcium Chloride shall not be used. Finish to desired texture. During warm weather, cover finished areas with Curing Paper for at least seven days. F. Remove laitance and cement film the day following finishing, by scrubbing with fine, sharp sand and water, rinsing thoroughly. G. To develop and deepen the color of concrete, seal out moisture and prevent penetration of stains into concrete. Apply Colac in accordance with manufacturer's directions. fv I r r r i r L r I I ( [ l [ ( . I. t I It l , 1. I CONCRETE P.age 5 of 9.. 11. EXPANSION JOINTS . , l~ere shown expansion joint~ shall be installed as per manufacturer's . directions where indicated on the drawings. Tool all corners of paving at joints. Expansion joint in walls shall be cut back 3/4 inch from face of wall and edges tooled. 12. SCORE JOINTS Score at least 1/5 the depth of slabs at interval indicated on the drawings. The width of control joints shall not exceed 1/8 inch and the edges of control joints shall be finished with a liT" bar for a. rounded edge. 13.: DESIGN MIXES A. "- Note that exact amount of cement~ fine and coarse aggregate admixture and water to be used will be determined by the Contractor's Testing Laboratory~ which will design all mixes with maximum coarse aggregate~ minimum fine aggregate and.cement content. Use as actual slump~ the lowest slump compatible with placement requirements. B. Admixtu:x:e may be used as approved by Landscape Architect and Structural Engineer for compliance with Title 21-704.06 in accordance with deter- minations' of Testing Laboratory designing mix. Introduce admixture into mix by automatic metering dispensers~ C.. Prepare trial batch of each mix design using the aggregates~ cement and admixture~ if any~ proposed for the Project. D. Place sample load of each specified structural mix in foundation at earliest possible date to check workability of concrete. Take test cylinders as specified, and test to verify.compliance of concrete with Specifications. .' E. Design concrete for following minimum compressiv~ strength, depending on 'location: (1) Park buildi,ng footi.ngs :Ul timate strength at 28 days ~ 2800 p.s.i. (2) Park building slabs on grade: Ultimate strength at 28 days~ not less than 3~000 p.s.i.' Slump: 3 inch maximum. Use of. granite or. limestone ~gg~egate may be advisable. BUildi?g pad paving (3) a. Ultimate strength at 28 days, not less than 2~500 p.s.i. b. Shall be free of cracks 28 days after pourin~. Only minor hairline .- -- ~.._._.... -...-.......-..~":..._.~.".._-~-._~'_."-- t f r I r ~ [ [ { 'I 1 " ! * .... i l l 1 1 f i' { J I CONCRETE Page 6 of 9 ... ',.- -"1- . shrinkage lines will be accepted. c. If cracks 1/32 inch wide, or greated, develop the Contractor shall when requested, remove the slab back to straight line cut-off locations acceptable to Landscape Architect and, shall repour the slab.in area removed. d. Surface To1eranc~. (at c): Not more. than 1/8 inch rise above nor . 'drop below general plane of slab in distance of 10 feet in any direction. . 14~ . READY-MIXED OR TRANSIT-MIXED CONCRETE A. Concrete shall be mixed and delivered in accordance with the requi~ements of t~e National Ready Mix Concrete Association and AS1}1 C94. . , B. Transit-mixed concrete shall be mixed for not less than fifty nor more, than one hundred revolutions of the drum of blades at the rate of rotation designated by the manufacturer of the equipment as mixing speed, which shall not be less than four RPlvl of the -drum, nor greater than a peripheral velocity of the drum of 225 feet per minute. Each transit mix truck shall have a rating plate affixed to the truck which shall plainly state the capacity.of the drum and the speed of the rotation of the blades. . . C. Concrete may be transit mixed, providing the mixer 'shall have an additional mixing period of five minutes at the project. . D. No .water shall be added to any truck unless specifically authorized by the Landscape Architect to secure the desired sllli~p. The truck lnixer shall.mix an additional 25 revolutions at mixing speed after each delivery of \'later. E. Trucks having slumps in excess of those specified or required or showing non-uniformity of load will be rejected. If the same mixer truck continues to show non-uniformity, it shall be barred from delivering future loads. F. It is the intent to have a uniform distribution of the materials in the mixer before discharge. 15~ PLACING OF CONCRETE A. Befor~ depositing concrete, all equipment for mixing and transportlng the concrete shall be cleaned. Remove all wood chips, shavings and other deb....ts from the interior of the forms, and thoroughly \'iet forms. Reinforcement shall be clea~ed, if necessary, prior to placing concrete. B. Reinforcement and other work embedded in the concrete shall be securely in position before pouring. Remove free standing \'later and divert ground water from forms and excavations. C. Deposit concrete in continuous and complete pours between joints to the full height of forms ~ Excess maferial shall not be placed as a partial . r . I I i f . I r I . [ [ 1 [ I [ [ t [ f t f 1 i i I CONCRETE P.age 'J.. of ,9:. pour but shall be dumped on the site and later removed. material is to return to batching plant in truck. NO leftover D. Conveying and placing of concrete from the mixer to the place of deposit shall be by methods which will prevent the separation or loss of the materials. . J E. Equipment for chuting, placing, pumping and pneumatically conveying concrete shall be of such size and design as to insure a continuous flO\-I of concrete without segregation of materials. F. Concrete shall be placed a~ soon as possible after mlxlng and shall be rejected if not placed within l-~ hours after the first addition of water to the batch. .. G. Concrete shall be placed as near as possible to its final position in the slab, wall, panel, etc., to avoid segregation due to rehandling. It shall be carried on at a constant rate to prevent cold joints and p1anes of work and be workable at all times. H. ,No concrete that has hardened or been retempered or contaminated with foreign matter shall be used. 1. Concrete shall be kept continuously wet for 10 days after placing, and covered as required by the Specifications. J.Compaction (ll Concrete shall be thoroughly compacted by. puddling \-lith suitable tools during placing and thoroughly worked around the reinforcement, around embedded fixtures and into the corners of tr,e forms. Ir. addition to manual spading and tamping, all concrete shall ?e in- ternally vibrated with highspeed mechanical vibrators operated under experienced supervision. A mechanical vibrator shall be em- ployed at each point of dump and a standby vibrator in good working condition, but not in use, shall be kept on the job until all concrete is placed. (2) All mass concrete shall be adequately vibrated follO\'ling placement of concrete in forms. Faces of forms shall be vibrated to reduce air pockets. At joints and edges of pathway pavement, supplement .vibrators with forking and spading to insure dense edge. K. All construction keyways and joints bet\'leen adjacent pours shall be thoroughl; wetted and slushed \vi th a coat of neat cement paste before proce'eding \-li th next pour. '16. TEST CYLINDERS A. Cylinders shall be standard 6" x 12". Contractor shall provide stand- ard empty can forms to person experienced in performing this particular work employed by City of Gilroy. B. Contractor shall request arrangement for three cylinders to be cast for t , , { r r [ [ ( I I [ I '1 ;:1 7, ~ I I l [ t tONCREJE P.age 8 of 9 ~ach day of pour for each different mix used that day. C. Contractor shall be responsible. for ascertaini.ng that all test cylinders are clearly dated, marked with location in the structure where concrete was placed, and identified by number of mix design used. D. The test cylinders shall be carefully stored at the site under same curing conditions as the concrete poured. Contractor has option of using one of each three cast for seven day break test. E. . . . If requested by either the City Engineer of Landscape Architect the Contractor shall at Owner's expense have a testing laboratory break one cylinder from each of all of the 28 day samples to verify strength of the concrete at various locations. " F. If after 28 days curing should any cylinders test below the required strength, the Contractor, at his own expense, shall promptly change the mix as necessary, and take further test and proper action to correct the 'deficiency. G. If these tests, in the op~n~on of the Lan.dscape Architect, indicate. that the concrete is not satisfactory, the defective concrete shall be removed at the Contractor's expense. FORM REMOVAL. A. Forms for mass concrete shall remain in place for 5 days. B. Forms for other work shall remain in place for 3 days. C. Upon removal of forms, all bolts, \Vires, ties, spreaders, etc.) shall be removed, cut or broken back at least 1 inch belO\v the surface of the concrete and the resulting imprint chipped out as required and patched with mortar as specified. All projecting fins shall be removed or cut back and patched as directed by the Landscape Architect. All other work stained by leakage of concrete shall be cleaned and repaired. 18.. FINISHING .\1 ;t ,~ f .~ .... I I A. Workmanship shall be of the highest standards. During finishing, cement shall not be applied to dry the concrete surface. Surfaces shall be consistently finished throughout the job. Scored joints shall be con- sistently finished throughout the job. Scored joints s'hall be straight and level. Finish all concrete as indicated on the drawings. (1) Tooling: Tool the edges of expansion joints and as indicated on the drmvings. (2) Tolerances: All concrete elements shall be constructed to the following tolerances: Linear dimension 1/8 inch. Slab deviation from a true plane 1/8 inch in 10 feet. " -4 { I J. I { f { r { ( [ r. I t r r 1 I . f CONCRETE P.age 9 of ~ .(3) Fine Brush Finish: The freshly placed slab shall be compacted and screeded uniformly to grade. Push large aggregate belm'l the sur~ace with screen tamper, screed and bull float. As soon as the surface becomes workable, it shall be wood fJoated, then steel trowel~d to a uniform smooth, hard surface. Follow imme- diately by drawing hair broom across surface at right angles to long direction of panel, or as indicated on the drawings. (4) Coarse Broom Finish: Place as above; follow wood floating by drm'ling a stiff bristle broom in direction indicated on the drawings at rnulti':'purpose- area," except circle.- _(5) Steel Trowel: Place as above and steel trowel smooth to a hard uniform surface at multi-purpose area circle.and park building floors not receiving tile. 19. DEFECTIVE. CONCRETE A. If any concrete work is not formed as indicated, is under-strength concrete, concrete out of line, level or plumb, or 5hO\...ing objection- able cracks, honeycomb, rock pockets, voids, spalling or exposed reinforcing, it shall be repaired or rem~ved and replaced as directed by the Landscape Architect or Engineer. . B. All cleaning, patching and repairs shall be subject to Landscape Architect's or Engineer's approval and acceptance. ~o~ CURING AND PROTECTION OF PAVEMENTS " " . A. Cure pavements and slabs by the "Westcure" process (\'lest Chemical Products, Inc., Berkeley). n'lO hours after completion of trowelling or exposing, apply a uniform spray C02t of the curing compound as directed by manufacturer. B. Finished"concrete shall be protected at all times from damage. After completion of curing period, pavements shall be protected from damage by equipment and other operations until final acceptance. Protect nosing of steps with planking. 21. CLEANUP During construction, keep area clean and clear as possible. Clean up and remove from the site all spillage, overpour, discarded forming materials, . rejected work or materials and all refuse or debris resulting from this work. CITY OF GilROY AFFIRMATIVE ACTION PROGRAM SECTION 11 PRIVATE SECTION Adopted by City Council Reso 1 ut Ion 75-1 January 1. 1975 . . SECTION II A. AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN THE PRIVATE SECTOR 1. General The City Council is required to insure that public funds be awarded only to contractors that comply with a policy of equal employment opportunity. The Council states that no bid for ap uh 1 i cwo t' k sp r 0 j e c t in e x c e s so f $ 5 0, 000 shall be awarded until the contractor complies with the foll~wing equal employm~nt opportunity conditions. 2. Policy Statement The contractor adopts, as part of its operating policy, a statement as outlined in Section II-B. 3. Dissemination of Policy All members of the contractor's organization responsible for hiring, supervising, recruiting, terminating, and promoting, shall be made fully aware of and will imple- ment the Affi~mative A~tion Plan. 4. Recruitment a. All advertisements for employees will carry the no- tation, "An Equal Opportunity Employer. II b. Recruitment efforts, for other than union employees, will be made to local qualified minorities. Requests will be made to the union for minorities when em- ployment levels fall below parity. c. Use local advertising media for recruitment especially directed toward the prospective minority employee. do Present employees will be encouraged to refer minority group applicants for employment. 5. Training an~ Promotion Whenever feasible. programs for the improvement of skills will be promoted for minority group employees and appli- cantso 6, Unions ao Whenever possible, all efforts will be made to encour- age and cooperate with local unions to develop training -5- programs aimed at increasing the participation of minority group employees. bo All efforts will be made to include an equal employ- ment opportunity clause into union agreements which defines responsibilities for non-discrimination in hiring, training, referrals, and all other areas that currently limit minority group participation in the labor sector. 7. Records The contractor shall create and maintain all necessary records essential to the determination of compliance with the equal employment opportunity obligations under this contract. All such records will be maintained for a period of one year following completion of the project and shall be made available to the City's Affirmative Acti~n Officer. These records will show the following: ao Number of minority and non~minority workers employed in each job classification. This list shall -be pro- vided to the Affirmative Action Officer with the Statement of Certification. b. The efforts and progress made in cooperation with unions to increase minority group employment oppor- tunities. c. All employment advertisements, applicant forms, and employment records. d. The efforts and progress made in recruiting, train- ing, and promoting minority group employees. eo The efforts and progress made in securing subcon- tractors with a demonstrated record of meaningful minority group representation. -6- B. STATEMENT OF CERTIFICATION The contractor shall execute the following Fair Employment Practices Statement: . FAIR EMPLOYMENT PRACTICES STATEMENT Granite Construction Company is an Equa 1 Emp 1 oyment Oppor- (Name of Contractor) tunity Employer; as such has adopted the policy and will take affirmative action to insure that applicants are employed~ and that employees are treated without regard to race~ religion~ color, sex, or national origino On ____..3 ~nUt!:~Li>~r) 976 Oate} was awarded a public improvement ~ Granite Construction Company (Name of Contractor) contract by the City of Gilroy~ located in the County of Santa Clara~ State of California, for the work of Multi-purpose slab, LasAl1imasPark. Under said contract, Granite Construction Company (Name of Contractor) comply with those Equal Employment Opportunity conditions as put has agreed to forth in Section II of the City of Gilroy's Affirmati~e Action Program, and has agreed, among other things~ that damages will be paid to the City in the event that the requirements of said condi- tions have not been satisfied. Date Signed n rapitf Construyticw COjPany Company S lame P. O. Box 900 Watsonville, California 95076 (Company1s Address) PROPOSAL TO CITY OF GILROY To the Honorable City Counc 11 City of Gil roy Gentlemen: The undersIgned as bidder declares that he has carefully examined the location of the proposed work, the annexed proposal form of contract, and the plans and specifications therein referred to and he proposes and agrees If this proposal is accepted, that he will contract with the City of Gilroy In the form of the copy of the contract annexed hereto to provide all the materials except those specifically mentioned to he furnished by the City necessary machinery, tools, apparatus, and other means of construction and do all the work specified in the contract in the manner and time herein set forth required for the construction of a fluitt-Purpose Slab at Las Animas Park, ProJeet 1976-1. Construction shall be In strict confonnlty with the plans and specifications prepared by the Parks and Recreation Director, City of Gilroy, Gilroy, California, copies of which are on file in the office of the City Clerk, Gilroy, California~ and which plans and specifications are hereby made a part thereof. The bIdder proposes and agrees to contract with the Citv of Gilroy to perform all of the work, Including subsidiary obI igations as defined in said speclficatiOift for the following pri ces to wi t: SCHEDULE OF PROPOSAL LAS ANIMAS PARK MULTI-PURPOSE SLAB PROJECT 1976-1 TOTAL AMOUNT OF BID (SCHEDULES A & B) $ eO II. t., lJ I .- At10UUT IN HORDS: Ei.evtN IhctJ~""JO S;i. 4tJoLllJ HIAleTtf o"'~ Jot..c.I\-~s. ~O,.uo C! {)~ 7'.5 SCHEDULE TO ACCOMPAUY BID OF GRANITE CONSTRUCTION COMPANY BY: I ~ .- TITLE: H. B. SCOTT. PRESIDENT The undersigned hereby certified that this bid is genuine, and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. The City reserves the right to reject any and all bids and to waive any informality or irregularity in bids received. The City may award the project as a whole or may award to different Contractors separate schedules or units of the project when such separate schedules or units are provided for. It is agreed that this bid may not be withdrawn for a period of thirty (3D) days from the opening thereof. The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsis- tent with such contract. The names of all persons interested in the foregoing proposal as principals are as follows: NOTE: If bidder or other interested person is a corporation state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true names of firm, also names of all individual co-partner composing the firm; if bidder or other interested person is as individual, state first and last name in fu 11. GRANITE CONSTRUCTION COMPANY, A CALIFORNIA CORPORATION H..JiL...S,COTT. PRESIDENT Be CHIEF EXECUTIVE OFFICER W. A. WILKINSON, SENIOR ViCE PRESIDENT & TREASURER L.FO ~ '^l~STWATER. SENIOR VICE. PRESID.~ Be SECRETARY RICHARD C.. SOLARI. EXECUTIVE VICE PRESIDENT licensed in accordance with an act providing for the regulations of contractors, License No. 89 BY: H. B. SCOTT, PRESIDENT Signature of Bidder NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contract on behalf of the co-partnership and if bidder is an in- dividual, his signature shall be place above. BusIness Address: P. O. Box 900.WatsonviIle. California 95076 Place of Resldence:P. O. Box 900, WatsonvilIe, California 95076 Dated: d/JAJtJ.~Y ,a- , 197(" The estimate of constructIon quantities hereInbefore set forth Is approximate only, beIng given as a basts for the comparIson of bids and the City does not expressly or by ImplicatIon agree that the actual amount of work will correspond therewIth, but reserved the right to Increase the amount of any class or portIon of the work or to omit portions of the work as may be deemed necessary or expedient by the Parks and RecreatIon DIrector. All bids will be compared on the basis of the Parks and RecreatIon Dlrector.s estImate of the quantIties of the work to be done. The undersigned has checked carefully all of the above fIgures and understands that the City shall not be responsIble for any errors or omIssIons on the part of the undersIgned In making up thIs bid. In case of a dIscrepancy between words and figures, the words sha 11 preva 11. If thIs proposal shall be accepted and the undersIgned shall fall to contract as aforesaid and to furnish bonds as provided In saId specifications wIth sureties satIsfactory to the CIty within fIfteen (15) calendar days after the bIdder has receIved notice from said CIty that the contract Is ready for signature, the CIty may, at Its option, determine that the bidder has abandoned the contract, and the forfeiture of such securIty accompanying thIs proposal shall operate and the same shall be the property of the CIty. Enclosed fInd cash, certIfIed cheek, cashIer's check or bidder's bond. whIch Is not less than ten per cent (10%) of this bid, payable to the City of Gilroy and which 15 gIven as a guarantee that the under- signed will enter into the contract If awarded the work. DESIGNATION OF SUBCONTRACTORS: In complIance wIth the provisIons of SectIons 4100-4107 of the Government Code of the State of CalIfornIa, and any amendments thereof, each bIdder shall set forth below the name and location of the mIll, shop or offIce of each Subcontractor who wIll perform work or labor or render service to the Contractor In or about the constructIon of the work or Improvement to be perfonned under these specIfications and the portIon of the work whIch will be done by each Subcontractor. If the Contractor falls to specIfy a Subcontractor for any portion of the work to be performed under the Contract, he shall be deemed to hilVe aqreed to perform such portion himself, and he shall not be permi tted to subcontract that port ion of the liJOrk except under the conditions hereinafter 5et forth. SUbletting or subcontracting of any portion of t.he work as to which no subcontractor was designated in the original bid shall be permitted in cases of public emergency or necessity, but only after a finding. reduced in writing, ~5 a public record of the legislative Body of the City. PORTION OF WORK NAME AND PLACE OF BUSINESS OF SUBCONTRACTOR TO BE DONE l. N'tn\.L 2. :L 4. s. 6. 7. 8. 9. . CONTRACT LAS AN H1AS PARI< MUL TI-PlJRPOSE SLAB PROJECT 1976-1 THIS AGREEMENT, made and entered Into this 19th day of January . 197J.., by and between Granite Construction Company . hereinafter called "Contractor; and the CITY OF GILROY. hereinafter ca11ed "City"; \-11 TNESSETH: \,mEREAS, the City Council of said City has awarded a contract to Contractor for performing the work hereinafter mentioned In accordance with the sealed proposal of said Contractor. NOH, THEREFORE, IT IS AGREED AS FOLlOHS: 1. Scope of ~/ork: The Contractor shall perform all the work, and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the Improvements. The Items and quantities of which are more particularly set forth In the con- tractor's bid therefor on file In the office of the City Clerk, except work done or to be done by others. 2. Time of Performance: The Contractor shall begin work within ten (to) days after official notice by the Parks and Recreation Director to proceed with the work and shalt diligently prosecute the same to completion before the expiration of thirty (30) working days. . 3. Payments: Payments will be made by City to Contractor for saId work performed at the times and in the manner provided In the speclfl- cations and at the unit prices stated In Contractor's bid. 4. Component Parts: ThIs contract shall consist of the following documents, each of whIch Is on file In the office of the City Clerk and all of which are incorporated herein and made a part thereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals c) Instruction and Information to Bidders d) Accepted Proposal e) Faithful Performance Bond f) Labor and Material Bond g) SpecIal Provisions h) Standard Specifications I) Design Standards j) Plans, Profiles and Detailed Drawings 5. Wage Scale: Reference Is hereby made to the rate of prevailing wage scale established by the City Council, a copy of which Is on file In the office of the City Clerk of the City of Gilroy and Is set forth In the specifications, the provisions of which are hereby specified as the rate of prevai ling wage to be paId workmen on this project, and the provisions of Article 2, Chapter I, Part 7, Division 2 (commencing with Section 1770) of the Labor Code shall be complied with. 6. Hours of Labor: The Contractor shall forfeit, as penalty to City, Twenty-five Dollars ($25.00) for each workman employed In the execution of the contract by him or by any subcontractor, for each ca.lendar day during which any workman Is required or permitted to labor more than eight (8) hours In anyone calendar day and forty (40) hours In anyone calendar week, in violation of the provision of Article 3, Chapter 1, Part 7, Division 7 (commencing with Section 1810) of the labor Code of the State of California. " . 7. Apprentices: In accordance with the provisions of Section 1777.5 of the labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured, apprentices may be employed in the prosecution of the work. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Director of the Department of Industrial Relations, who is the Administrative Officer of the California Apprenticeship Counci I. 8. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race color or 'reI iglon of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter .1' 9. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. -28- " . , l' ~ IN WITNESS WHEREOF, City has caused these presents to be executed by its officers, thereunto duly authorized, and the Contractor has subscribed same, all on the day and year first above written. C:RANT'T'R r.()N~'T'RTTr.'T'T()N r.()MPANY By./~. .. "CONTRACTOR" H. B. Scott, President '111 _ CITY OF GILROY By Mayor ATTEST: City Clerk "CITY" (SEAL) January 27. 1976 Mr. H. B. Scott, President Granite Construction Company Post Office Box 900 Watsonville. California 95076 Dear Mr. Scott: Enclosed please find your copy of the fully executed contract for "Las Animas Park Multi-Purpose Slab, Project 1976-1". Very truly yours, (Mrs.) Susanne E. Steinmetz City Clerk Encl:! (55) cc: Mr. William E. Ayer, Parks & Recreation Director /s;/ GILROY PARKS AND RECREATION DEPARTMENT MEMORANDUM TO: City Administrator January 5, 1976 FROM: Parks and Recreation Director SUBJECT: Las Animas Park Multi-Use Slab Bid We have advertised and received bids for the Las Animas Park Multi-Use Slab. This project was part of the original park plan but was deleted to save funds during the initial construction. We have included this project in the Land and Water Conservation Grant that was approved by the City Council on March 17, 1975. Bids Received: Farotte Construction Granite Construction $13,770.00 $11,691. 00 We ha:re r~v.:i."~d, these bids wi th th~ City awardlng the /caritr act to the low b ldder, Company. . Engineer and recommend Granite Construction Director WEA/nw