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Farrotte Construction 180 "i:"T HJt, Page 1 AlA Document A707 Standard Form of Agreement Betwee~ Owner and Contractor where the ba~is of payment is a STIPULATED SUM n/ls DOCUMENT HAS ".II'OR(,\.'-11 L1LAL CONSEQUINClS, CONSULTATION WITH AN A Tf OR Nl\' IS ENCOUkACED ~Vl/H RESPtC1 TO 1/) cOMPLETION OR MOOlflCATION_ U,e only wilh Ihe lalesl Ed/liOn of AlA I )oeumenl A1D7, General Condirions 0/ the Conlract for Cons/ruellon, This document has been approved and end()r~ed hy The As~ocialed General Contractors of America. AGREEMENT made this SEVENTEENTH Hundred and SEVENTY NINE day of SEPTEMBER in the year of Nineteen BETWEEN the Owner: CITY OF GILROY, CALIFORNIA 7390 ROSANNA STREET GILROY, CALIFORNIA 95020 and the Contractor: the Project: FAROTTE CONSTRUCTION CO., INC. . 80 CASEY STREET GILROY, CALIFORNIA 95020 GILROY CITY HALL GILROY, CALIFORNIA the Architect: HEDLEY & STARK ASSOCIATED ARCHITECTS, INC. CAMPBELL, CALIFORNIA The Owner and the Contractor agree as set forth below. AlA DOCUMENT Al0l. OWNER-CONTRACTOI< A(;RElMlNI . IANUAI<Y 197~ WI. JON . AIA@ . @1~7~ THl AMERICAN INSTITUTE Of ARCHIHCTS, 17J~ NEW YURK AVE, N.W., WA~IIINGTON, D. C. 2OC06 1 SECTION 13-1 Page 2 ARTICLE 1 THE CONTRACT DOCUMENTS rht. Contract Documents consist of this Agreement, ComlillOO'. of the Conlract (General, Supplementary Jnd other Condillolt..., DrawlOgs, Specifications, all Addenda issued prior 10 ex('cutlon of this Agreement and all Modifications 1~"Uf'cJ ~UIN'lIlt'nt thereto. These form the Contract, and ,tll are as fully a part of the Contract as if altJ<.hed to this Agreenlent or Icpeated herell!. An enumeration of the ConlrJCI Dp(Wllenls Gippears in Article 7. ARTiClE 2 THE WORK The Contractor shall perform all the Wurk required by the Conlract Documents for (J 'He ,nH" "'f! C,jpf,un desc."ptH/t' vi the WOlk .is used on orhet Contl,j(' Do(umeno ) UJlOO{~]l:X<ilK~KNOOtx GILROY CITY HALL GILROY, CALIFORNIA ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this (ontw.t shall be commenced WITHIN TEN (TO) WORKING DAYS OF 'NOTICE TO PROCEED and completed WITHIN THREE HUNDRED TEN (31 P.) CA ENDA (Hr,t ;nlNI ~nr SptCi.1 p,a.,,;ans (alliquid.rt'd d.m.~es It/.'m8 la 1.,lult 10 <omp ele on (,mh R DAYS OF NOTI CE TO PROCEED LIQUIDATED DAMAGES AS PER THE SPECIFICATIONS AlA DOCUMENT Al0l . OWNER-CONTRACTOR AGRW"HNT . JANUARY 1974 EDITION. AIA@ . @1374 HiE AMERICAN INSTITUIE Of ARCHITECTS, 1735 NEW YOI<I( AVE., N.W., WASHINGTON, D. C. 20006 2 SECTION 8-1 Page 3 ARTIClE 4 CONTRACT SUM TI,l' Owner shall pay the Contractor for the performance of the \Vork, suhjl'ct to additions and deductions by Change Urder as provided in the Conditions of the Contract, In current funds, the Contract Sum 01 (C,'Jt~ "~IP Ihr lump sum .mounl, unit pr;,,.,. or borh, ilS des"ed.) THE BASE BID OF ONE MILLION FOUR HUNDRED TWENTY TH.REE THOUSAND. SEVEN HUNDRED FORTY NINE DOLLARS AND NO CENTS ($1,423,749.00) fLUS ADD ALTERNATE "A" OF EIGHT THOUSAND THREE HUNDRED E:rGHTY DOLLARS AND NO CENTS ($8,380.00) FOR A TOTAL CONTRACT PRICE OF ONE MILLION FOUR HUNDRED THIRTY TWO THOUSAND ONE HUNDRED TWENTY NINE DOLLARS AND NO CENTS ($1,432,129.00). ARTICLE 5 PROGRESS PAYMENTS Ba~('J upon Applications for Payment submitled 10 the Architect by the Conlractor and Certificates for Paymenl t>~ued by the Architect, the Owner shall make progress paymen15 on .Jccount 01 the Contract Sum to the Contractor dS pro- Vided in the Conditions of the Contract as follows: On or about the 10th day of each month 90% per cent 01 the proportion of the Contract Sum properly allocable to labor, maleridls and equipment incorporall'd in the Work and 90% per cent of the portion of the Contract Sum properly allocable to materldls and equipment suilably stored lolt the site or al some other loc.t1lon agreed upon in Writing by the parties, up to 2 days prior to the dale on which the AppJicdtlon for Payment i~ ',ubmilted, less the aggregale of previous payments in each case; and upon Subslantlal Compl('llon of the entire Work, a sum sufficient 10 Increase lhe total payments to 90% per cent oi Ihe Contract Sum, less such retainages as the Archllect shall determine for all incomplete Work and unsettled claims. (/I nol (Ov.,pd ..I,.wh.,.. In lh.. eom"'1 Oucum..nIS, he'.. inierl .ny p,ov/SIon IUf limitIng 0' 'edUCing lhl' .mount ,eI.ined .It.., lhe Work ,e.chtl . ,e",in lIig. uf wmplel,on) Any moneys not paid when due to either party under thiS Contracl shall bear Interest at the legal rate in force at the place of the Project. AlA DOCUMENT Al0l. OWNER-CONTRAC10R AGR<EMENT . JANUARY 1974 WI1IUN . AIA@ . @1974 THE AMERICAN INSTITUTE Of ARCHITECTS, 173~ NEW YORK AVE., NW.. WASHING10N, 0 C. 20006 3 . ARlIClE 6 dLl.l'lu;, Page 4 FINAl PAYMENT rinal p.lyrnent, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Conlr,H lor 35 days after Substantl.d Completion of the Work unle~s otherwise stipulated in tht, Cerllflcate of Substantial Completion, prOVided the W"rk has then lwen compleleu, the Contract fully performed, Jnd a rlllal Certificate for Payment has been issued by the Archllecl. ARTICLE 7 MISCEllANEOUS PROVISIONS 7.1 rerms used in this Agreement which are defined in the ConditiOns of the Contract shall have the meanings designJled in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed Ifl Article 1 and, except for Modifications i~sued after executIOn of Ihl~ Agreement, are enumerated as follows: f/ III 1>.'".. rh.. Ag'....m..nl. Condlrions 0/ Ihp ('onll..1 (G~n,',.I. Sup"/~m,'nr.,y. .nd orh.., eond"lOn,). O,.w.n8'. 5p..,if"..,ons. Add..nd. .nd ..,..pl..d ""Ieln."". ,howrng P'S" 0' ,h....' numb.." In .11 '.'t" .nd d.,... wh..". ."p/".bl., } THE DRAWINGS: Al through A19 Sl through SlI H1 through H7 p1 through P3 El through E9 Ll through L3 THE SPECIFIC:lTIONS AND WRITTEN DOCUMENTS DATED AUGUST 1, 1979 ADDENDUM NUMBER ONE DATED AUGUST 23, 1979 PROPOSAL SUBMITTED This Agreement executed the day and year first written above. OWNER CONTRACTOR CITY OF GILROY .~~ ~ NORMAN B. GOODRICH, Mayor FAROTTE CONSTRUCTION CO., INC. . u. ~ ~iTE AlA DOCUMENT A101 . OWNER-CONTRACTOR ACRHMENT . JANUAI<Y 1'J7~ EDlilON . AIA@ . @197~ TIlE AMERICAN IN~nTUTE Of ARCHITECTS, 173S NEW YORK ^VE., NW, WA~I1INGTON. D. C. 20006 4 " PAYMENT BOND Bond if 2-059-97 v KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of Gilroy, California, (hereinafter desig- nated as "Owner" by resolution passed SEPl'EMBER 11 , 19 79 , has awarded to FAROTTE CONSTRUCTION CO.. INC. (hereinafter designated as the "Principal") a contract for the work described as follows: Construction of the Project indicated as "Gilroy City Hall" on the Contract Documents prepared by the Architectural Office of William W. Hedley, Jr. and dated August 1, 1979. l~lereas, said Principal is required by Chapter 5 (Commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW THEREFORE, we, the Principal and THE OHIO CASUALTY INSTTRANCE COHPANY As Surety, are held and firmly bound unto the Owner in the penal sum of ONE MILLION FOUR HUNDRED THIRTY TWO THOUSAND ONE HUNDRED TWENTY NINE DOLLARS AND NO/100----- ----------------------------------------- Dollars ($ 1,432,129.0n, lawful money of the United States of America for the pay- ment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, the Surety will pay for the same, in an amount not exceeding the sum hereinabove specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons of their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, exten- sion of time for performance, addition, alteration or modification in, to, or of any contract, plans specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modifications of any ter~~ of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, SECTION B-3 Page 2 nor by any recission or attempted recission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond that this bond be construed most strongly against the Surety and in favor of all persons . for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Owner or Public Entity and original .contractor or on the part of any obligee named in such bond, but the sole condi- tions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteratiQn or modification herein mentioned. IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the 11 th day of September , 19 79 . FAROTTE CONSTRUCTION CO., INC. Principal By ~ (1~A~ . t/ . THE OHIO CASUALTY INSURANCE COMPANY. Surety Bd~ ~, Attorn -in-Fact F. B. VOORHIES I AFFIDA VIT OF A TTORNEY.IN-FACT FOR SURETY STATE OF ........~~J~J9;r;.n~.~............................ 55. COUNTY OF ....~~.nt~..~J~.r.;:!........................... On this... ...llth.day of........8 e.p temb.er.................................................... 19.7.9.. before me personally appeared................ f..~...)?:....Y. 9.9.rJ)J ~.$..................................................., Attorney-in-fact. of The Ohio Casualty Insurance Company. with whom I am personally acquainted. who being by me d I d'd d d h h 'd' Gilroy California h h . h u y sworn. I epose an say. t at e resl es In.............. ..,........................................; t at e IS t e Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut- ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed and executed the said instrument as Attorney-in-fact of said cor- poration by like O~~H:"';,::.;;~,"!l"":"'c,":'!~n.~,,~!lr~nr,!lg~n~~~ ./l{. My Commission e~PJ~;.:::..:. ..~:::;!...~.~~.:.::.~.. '~i;~~J....... .:.. , :a4d~.t22J~ F ' ",; ',; HF ~ Notary Public. 'oem 5.170 , .... u ";.p. /:;0'1 ;.'9.'::1:;~~ ~ . ~I: J>:;': ~. " ~ '. ~~ ': ~:' ':::i:~;~::':.: ;:~ff'~ tH!UiHli,/;UJ Bond 1ft SECTION B-2 Page I ~~6d. ( "'", '&....9.,1 ~9Tm: // 2 - 059 - 9 71 J/!l&tq fljJuI(- Clty"'""Mtoir~ PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: That WHEREAS, The City Council of the City of Gilroy, County of Santa Clara, California, (Hereinafter designated as "Owner", has awarded to FAROTTE CONSTRUCTION CO., INC. (hereinafter designated as "Principal") a contract for CONSTRUCTION OF GILROY CITY HALL, GILROY, CALIFORNIA ; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract, NOW, THEREFORE, we, the Principal and THE OHIO CASUALTY INSURANCE COMPANY , as Surety, are held and firmly bound unto the Owner of the penal sum of ONE MIlLION FDUR HUNDRED THIRTY '00 TIIOUSAND ONE HUNDRED 'IWENTY NINE AND NO/100--- (Sl,432,129.qD lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executor, administrators and successors, jointly and severally, firmly by these presents. The Condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indenmify and save harmless Owner, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. SECTION B-2 Page 2 In the event suit is brought upon this bond by Owner-and Judgment is recovered, Surety shall pay all costs incurred by Owner in such suit, includ- ing a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, tlljO identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by Principal and Surety above-named. on the 11th day of SEPl'EMBER , 19 79 FARO'ITE CONSTRUCTION CO., INC. (Seal) ~/;)~ (/ (Seal) Principal THE OHIO CASUALTY INSURANCE CONP~l) ~~. Su ty (Sea.l) (Seal) 100 S Ellsworth Ave, P.O. Box 5812 San Mateo, California 94401 Address NOTE: Signatures of those executing for Surety must be properly acknowledged. , AFFIDAVIT OF ATTORNEY.IN,FACT FOR SURETY STATE OF '.....~.~li;f;p)::ni~............................... COUNTY OF .. ..~~? ~.~. .~.~~.~~................... .... ...55. On this...P.JP....day of....... .... ..~.~p.t;~mR.~.r....... ............... ...... ................... 1<1.9..... before me personally appeared..............f.:....~.:.. .Y.9.qJ:tj..~~........................... ....... ..................., Attorney-in-fact. of The Ohio Casualty Insurance Company, with whom I am personally acquainted. who being by me d I d'd d d h h 'd' Gilroy' California h h . h u y sworn, I epose an say, t at e resl es In.............. ..l........................................: t at e IS t e Attorney-in-fact of The Ohio Casualty Insurance Company. the corporation named in and which execut- ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed and executed the said instrument as Attorney-in-fact of said cor- poration by like order.: ":-.:'::': ';..,','"" ..:'a~,.:~~2I1nU!II.Ue Z2 ~ ~ 1: ~ ---- ;"-', C ~, ~:- J ~i\ L S!! ALE 12' ~ . .I My Commission exp(Jles..>.....\.......'.,....';........~...f."r.e....~J ...~.......... ..... ... .ud.<...L~{/.... ...~~. , \:, , " J,,:: p.. ""..;".. ~, ~ Form 5 170 !. i '. Ll;;'O:1~!!A ~ Notary Public. ~ ;:\~ r;.lt :; , :_~c<~ .j~ _ l 1'.:.:. :," :":-''",\ (j,PRA ~ ""'<',::.:,0;.-/ ::: :,j _ Cc;r;,-;!.t'xp. h'iGY 29, 1982 = ~ ~;!~;~ ~- :,:~::'.: ~~:~:':;:i f ~ Ii' ~ 3 11 8 ~~ ~: ~ ~ 2 \j: S Ii:: S C ~ ~ ~ ~ ~ E ~ ~ ~ fI! ~! ~ 'i! i UII 11.8 SECTION A-3 Page 1 BID FORM The Honorable City Council City of Gilroy, California Ci ty Hall Gentlemen: Pursuant to and in compliance with your Invitation to Bid and the Contract Documents relating to the construction of: GILROY CITY HALL located at 7351 Rosanna Street, Gilroy, California, the undersigned bidder, having become thoroughly familiar with the terms and conditions of the Con- tract Documents (including Addenda thereto), prepared by William W. Hedley, Jr. Architec~ 346 E. Campbell Avenue, Campbell, California, and with the site and other local conditions affecting the performance and costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated and in strict accordance with said Contract Documents (including Addenda thereto) for the consideration of the following amount: BASE BID PROPOSAL (fh.~. ~..:v ~~.,J...~ DOLLARS ($~ 123, PI'.1#tJ ~ --c,.....L SUPPLE~IENTARY PROPOSALS ..I.L.. ~I. ~ J~__. C ~~... ~/G.(J ,Co! 11U, ~ ~ Add Alternate "A" (City Sidewalk Replacement): ~ Add to the Base Bid the cost of demolishing the existing perimeter city side- walks as described in Section 2A and replacing said de~olished sidewalk with new concrete sidewalk under the applicable provisions of Section 3A and in full compliance with latest City of Gilroy Standards. (Curb and gutter repair is excluded from this proposal.) Add E/GH7 ,~~~ ~ .#t.w,Me;o ~A;:~LLARS Deduct Alternate "B" (Landscape and Irrigation): ($6'j3~.I4~ , Deduct from the Base Bid the cost of all landscaping and irrigation work shown on the Landscape Drawings L-I, L-2. L-3 and described in Specification Sections 2E and 2G. Deduct ~ J-~ ~ Deduct Alternate "C" (Low Garden Walls) : DOLLARS ($ ifS':t)(Jt)"f:! Deduct from the Base Bid the cost of all excavation, foundation, framing, dampproofing, lathing, plastering and painting for the two lower garden walls at the center of the east and west sides of the building, excepting the higher walls at the N.W. and S.E. corners, which are not a part of this alternate. Deduct~e.. 7/d%JSM/LJ S/;c /dJ.~ UuLLARS ($5'; ~ / ( IA~ '') \ SECTION A-3 Page 2 Deduct Alternate "D" (Roof Tile Substitution): Deduct from the Base Bid the sum allowed for the substitution of flat concrete roof tile in lieu of clay mission tile, as specified in Section 7E.l "Tile Roofing". (Roof framing and sheathing remaining unchanged.) Deduct €/e-t/ex/ -7/1tw5A;dLJ R/Gffr: ~.u'oeLJ DOLLARS ($/t~ t!Jo , Deduct Alternate "E" (Operable Partition) : Deduct from the Base Bid the cost of furnishing and installing the operable partition (between Rooms 116 and 117) and its track only. (Support framing and steel beam to remain as shown but gypsum board ceiling to be closed across track location. ) Deduct~~ ~~L) 5tft1N/ //d.Q/J~---fJOLLARS ($ 6/?tEI~ Deduct Alternate "F" (Council Chamber Seating) : Deduct from the Base Bid the cost of furnishing and installing the audience seating described in Section l2C, "Seating". DeductSe~ ~~~ ,e/~ ~#/Jt?eLJ--f)OLLARS (~9CO,,~ Deduct Alternate "G" (Alarms and Music System): Deduct from the Base Bid the cost of those components of the fire and intrusion alarms and piped music systems shown on sheet E-4 of Electrical Drawings. DeductaG~~~L1 7~ ~#~DOLLARS (V~.ua.OP Unit Prices: Add to the Base Bid the following unit cost of additional imported and processed earth fill required in excess of the yardage specified in Section 2B, "Earth Work", and in compliance with that specification section. Add HUc. /)O~ . DOLLARS/Cubic Yard in Place. Amounts of earthwork subject to unit price adjustment shall be determined by the Owner's inspector. Such unit prices shall include all costs including trans- portation, overhead, profit, etc. SECTION A-3,1 Page 1 DESIGNATION OF SUBCONTRACTORS In compliance with the prOVls~ons of Sections 4100-4107 of the Government Code of the State of California and any amendments thereof, the Undersigned Bidder has set forth below the names and the locations of the place of business of each subcontractor who will perform work or labor or render service to the undersigned in or about the constructed of the Work to be per- formed under the Contract Documents to which the attached bid is responsive, and the portion of the Work which will be done by each subcontractor for each subcontract in excess of one-half of one percent of the base bid for the Work of the Undersigned. GRADING & PAVING, ;;; L-eJ"tY ./ ,\..< I /'. (Z~, STORMLINE .,/1. .") I ,/ '- -f'" .-: f /~~.'" REINFORCING STEEL ,', I / ..l ..' l~.' ". ~-~.... .. .. ., l.-' ~,.. t~ ,t v ( .' ," Atl .\1 GLASS & GLAZING Ii .c..lt, ^ .'1. I / ,,-: f" /!(~^A"'7 - U~4'11 I ('l t '\..~ -:L~ q /! 6 I ( r:z ...,,_j HVAC, SHEET METAL PLUMBING ROOFING ELECTRICAL LATH & PLASTER ,~~J_,Pt:t. (~ I (t tj.. ,..,> i~ { i. .(:{ SHEETROCK ~,~ ~ ACOUSTICAL TILE ~~~ INSULATION i-- PAINi'iNG l/ ~ ~ VINYL WALL COVERING '--0.<, /I: .' ............. i(" ..)J.." .0<'_ ....~.. IRRIGATION .. ,:;4Jt' Ii' ) L.: '~/ ,i ""/ ~( ~""-~' i '~1 ~. .!s I.,UA..A..-<0- ", .~ \l I. ;:c . 7.tt ('! "F FLOOR COVERING PLANTING CERAMIC TILE & PAVERS I .J.t., (..L ., " /i I. / I t: ( MASONRY I I C~) (/ SECTION A-3. 1 Page 2 (f c!/(,"CA,_"a.A ,. 1<1 SEATING .. By ~ ()~~ i~IS Signature ~ @ The Ohio Casualty Insurance Company HAMILTON. OHIO BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, F AROTTE CONSTRUCTION CO. INC. (hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM- P ANY, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of Cft.L IFORNIA as Surety, are held and firmly bound unto CITY OF GILROY, CALIFORNIA (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF AMOUNT BID------ Dollars ($10% AMT B IV lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid, dated Augus t 29 19 79 , for CONSTRUCTION OF GILROY CITY HALL, GILROY, CALIF. NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date of said award; or if the Principal shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: other- wise to remain in full force and virtue. Signed, Sealed and Dated this....2.9.th........day of ..AUGUS.T....... ................., 197.9..... .FARO.TTE.. C.ONS.TRUCTIO.N.. .c.O. .LNC................... BY~r (P~~.... rn:;'~~~A.~I~~~ ~'7fi: Attorney-ln.Fact Stephen H Hussar S. t 37 .Rav. AFFIDAVIT OF ATTORNEY-IN,FACT FOR SURETY STATE OF ..... .Calif.arnia.................. ........... 55. COUNTY OF . ..$.~~J~.. .GJ~:r;.~........................... On this....2.8.th..day of....August............................................................... 197.9... before me personally appeared............... ~ ~.~p.?:~~...~.. .~~~ ~.'!I:!:..................... .........................., Attorney-in-fact. of The Ohio Casualty Insurance Company. with whom I am personally acquainted. who being by me duly SWOrn, did depose and say, that he resides in..... Gil.:r:o.y..,....Cali.fornia......... ; that he is the Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut- ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed and executed the said instrument as AttorneY-in21ct of said cor- poration by like order. . .. -.~" · ;;~,('ll;!nil'I~Ii~ji'!"~U~h. 14 ~ ~~ ~-~0" C,. ! (".~ i 1\ L S ':: A L ~ \ d M .. /: A";'..,'" "'~'"\NI' ~ .,,,"~,,~ ~~ '/1-141 /Ila - / Y Commission ~e~'P}re$.......~.......'............{....:...:~..<l .~...................... ....~~..... ..... '-X..~... ,." ., N P bl Form 5 170 \: :::; otary u ie. , ' b~ ~ '<-c..._~ c.<. - ,,, 2;', 1)82 ~ E'l ~=:::;: ;l;;;[:;i:i: :::'::~ ':: s~.:: :';:~ J1i~~,~; i' ~~1~;' S~,',ci i:'::'J~~ 'L~l1l.i;;J::~ii~~ffm!l. CALIFORNIA PRELIMINARY NOTICE YOUR A HENTlON .~, DIRECTED TO SECTIONS 3097, 3098 AND 3 t l' -~LIFORNIA CIVIL CODE WHICH REQUIRES US TO NOTIFY YOU "THAT IF BILLS ARE NOT PAID IN FUll FOR lABOR. ;~:~~<;;iNi.~'~~~I~:B~: ~~~I~AlS FURN~SHED'fR T~ BE FURt ..e;;JMPR YEn E Y (~CED HERE' V.AY BE SUBJ] TO MECH,A~,IC~~ l~~N~Ul (THIS THIS IS NOT A LIEN. THIS IS N YOU ARE HEREBY NOTIFIED: DATE Oct. 29, 1979 THAT THE UNDERSIGNED HAS FURNISHED OR Will FURNISH lABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOllOWING DESCRIPTION: WEST COAST REBAR COMPANY REINFORCING STEEL (DESCRIPTION OF MATERIAL) P. O. BOX 26398 ,ADDRESS) ~ DV 1 :J ,f:!tt?! (STATE) (ZIP) ISI 73;1 ROSANNA STREET (ADDRESS OF BUILDING. STRUCTURE, WORK OF IMPROVEMENT) LYNN MITCHELL , SEC'.f. (TITlE I 10-29-79 (DATE) GILROY, CA. (CITY) 95020 (STATE) (ZIP) THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF SUCH lABOR, SERVICE, EQUIPMENT OR MATERIAL IS FAROTTE CONSTRUCTION, INC. P. o. BOX 1377 GILROY, CA. 9;020 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services. equipment. or mater- ials furnished or to be furnished. a mechanic's lien leading to the loss, through court foreclosure proceedings. of all or part of your property being SD improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this con. sequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your con- tractor or (2) any other method or device which is appropriate under the circumstances. GILROY, CA. 950<0 TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE 8ENEFITS ARE PAYABLE NAME ADDRESS NAME ADDRESS NAME ADDRESS (MATERIAL MEN NOT REQUIRED TO FURNISH THE ABOVE) CITY OF GILROY P.O. :BOX 66 NONE NOTICE TO CONSTRUCTION LENDER ONLY ESTIMATED TOTAL PRICE OF THE lABOR, SERVICES, EQUIPMENT OR MATERIALS DESCRIBED HEREON. $ HEDLEY AND STARK, INC. ASSOCIATED ARCHITECTS TELEPHONE (408) 379-7404 ~~/~ '. ~o,T/ -P, '# V~'j' 10 1/WJ !~A;J slS$d /rD ~ /by oar February 19, 1980 CHANGE ORDER NO. 1 to the Contract Documents for GILROY C!TY HALL Architect: Hedley and Stark Associated Architects, Inc. Contractor: Farotte Construction Company, Inc. Owner: City of Gilroy, California The following additions, deletions, substitutions and changes are hereby m~de a part of the Contract and shall comply with all applicable provisions thereof: Item 1: Increase the area of the equipment enclosure, add a paver block drive, move the prir:mry transformer pad location and other work shown on accompanying drawing 6A-2. Note that redwood gates shall be as detaile~ on 4/A-18 but shall have one 3/8" diameter turnbuckle rod brace each. Add: Two thousand seven hundred thirty ei~ht dollars and twenty three cents. $2,738.23" Item 2: Substitute 2-4" D. O. for the 2-2" secondary D. O. shown on Sheet E-L Omi t tIle requirement for a 3 ft. x 5 ft. primary handhole. Quotation $ NO Ci;J\.NGE IN PRICJ;::. Item 3_: Provide two (2) weatherproof cast aluminum housmg flood light lampholders to ')e located as directed by Archit",'t in planting area ]leal' City Hall sign at N. E. corner of Council Chambct's. L.ulljdLOlders;;ial1 be ;timed to illuminate the City Hall si0.n, Lampholde1's shall 'It; mounted on FS 'XL>\.. l'rovide lOOW par 38 lamos CO"lIl 'ct ~, circuit ],1 Pane! 'If'. Lal1lpholders shalt be Moldcast M-430 Deluxe' ]:-LInp" :,lc1er or ;lpprovec equu-i ' Add ~_iY~\-<.I0I..~_~_ti\ L-,~.ty ,1)TC ,'" 1 i\J~~;__ an~l._~tx t.l-2.l}e c_~!:-2.' ~ 533.61 ",/ Item 4: [,ve! tIle 1'01 O\\''-Jlf', "_.eet r CLl' provisiofls: a. Lighting fixture ln ;{OOTli 1FL should be type "B2". b. Lighting fixtures in 'Zoom \ Bo-;houl d be tY:De liB" except surface mounted. c. Add (2) 120 v. duplex recepti\(~1 eS in Room 161. One at center of west wall and one just west of \l(1\)1' 78,. C ll"cui t per code. Not required to be on emergency systel1l but 111<'.y he. Add: Three hundred foE.!I...Jo~1..r:~~_!:..l_~~. nineteen cents. $ 344.19 34.6 :..:/\:?;T C/\M!?8ELL A\fF..,\I!}t:: .. r;1\",/D9E'J "",! lr'-,QNIA 95008 ~ February 19, 1980 Change Order No. 1 to the Contract Docwnents for GILROY CITY HALL Page 2 ~tem 5: Substitute glazed door for 1 sash, as indicated on accompanying drawing, 80-1. $ 986.15~ Add: Nine hundred eighty six dollars and fifteen cents. . Item 6: Provide and install the inlet vane dampers for the return exhauS1;: fan REl2, which were inadvertantly omitted from the drawings. Quotation: $Add: Two thousand five hunEyed for~e dollars and no cents. . $2,541.00 " Item 7: Substitute 15 gallon size in lieu of 5 gallon size for 37 - Ril,ywoodi Ash trees shown on Drawing L-l (and plant no closer than eight (8) feet fr'om edge of planters). ~ Quotation: $Add: Two thousand one hundred ~ixty five dollars and six!>'. three cents, ~1,165.63 Item 8: Substitute or add double swing joints for Rainbird 1511A irrigation sprinklers shown on Drawing L-2. Quotation $Add: Two hundre~ fif!1_~}n~lollars and eighty eight cents. J_2s.p.88 Item 9: Use "Purpurea" variety for Ajuga !(eptans ground cover; substitute Cedrus deodora trees in lieu of Abies conco1.()r~ substitute green plastic (Brooks 10-17 or equal) valve boxes in lieu of concrete; set tops of headerboard stakes _~ be low finish grade in lieu of I" (No change in price anticipated, advise if assumpr'on is incorrect). NO CHANer [~J pl).! CI: Item 10: Substitute gypsum board texture number 4 and Type ~~ vinyl fabric in lieu of gypsum board texture nwrlber 2 and 2 cpat latex paint finish in the follow- ing areas: Room 108 156 157 . 161 174 178 181 183 Walls -So-uth and east North and east North, west and south North and west West and 1/2 of south VJest and 1/2 of south NorLh, ~agt ~nd 1/2 west South Stop fabric at inside corners next to window pilaster:5 and do not in~lude portion of wall under windows. Add: One t;ho]):,:,tn." \ '1upc'red i', '.'0 dO})c:l.r-.~__al'l.' }'orty fJ ve cents. <l:}J~..Q.:.S_:,,4~ ~~ February 19, 1980 Change Order No. 1 to the Contract Documents for GILROY CITY HALL Page 3 Item 11: Substitute gypsum board texture number 4 and Type "c" vinyl fabric in lieu of gypsum board texture number 2 and 2 coat latex paint ffnish in the follow- ing areas: Room 125 127 128 134 145 146 147 148 152 *see note at end of Item 10. Walls West West \'Jest West, and east from top of counter to bottom Qf shelving. North and 1/3 south* North and south North and south North and south East and west Add: One thousand three hundred thil.'.!l..dollars and fifty six cents. $1,330.56<- < Item 12: Add 18" x 28" bronze dedication placque per Drawing 10U-2, dated 10/4/79. $ 60S. 00/" Add: Six hundred five dollars and no cents. Item 13: Reduce 2-14' x 14' oversize skylights, as bid, to origlnal Contract intent of 10 t by 10' each. , I Deduct: One thousand one hundred fJJ~~ollars ar~~~!_I'::'._ cents. $1,150.0Q Item 14: Reduce cement content at remainder of gruullJ floor slab pours, isubsequt(nt' to approval of modified mix design, to 5.0 sacks l.cf cllhlC yard. This excludes suspended mechanical space slab and i.:olored ex.[.t'l'l.Yf F],atwork. Deduct: Seven hundred fifty. nine dollars and_!l~_5(~.1:.~' $ 759.00 , Item IS: Substitute Van Duprin 88 series piinic exit devices for V.I;). 33 series specified and other minor hardware changes pcr approved hardware schedule, $1~333.00 Deduct: Thirteen hundred ~}l.~rty three dt~1.~,r3--3:':!'_\~._Eo cents. Total Contract Change: Add: Nine thousand eight l11'E_cl~[~~.d s ixty s_~_YtC".I:'.._cl211ay~_ and seventy cents. $9,867. 70 New Contract Amount: Jl,~41,99~2.Q.. I <, . ~ February 19, 1980 Change Order No. 1 to the Contract Documents for GILROY CITY HALL Page 4 I J Proposed: by: Farotte Construction Company, Inc. $j1~ : ' Approved: Hedley and Stark Associated Architects, Inc. H~~ by: by: Accepted: i, ;'11 i 1(; .lht HEDLEY AND STARK, INC. ASSOCIATED ARCHITECTS TELEPHONE (408) 379-7404 July 17, 1980 Mr. Gary Farotte Farotte Construction P.O. . Box 13 77 Gilroy, CA 95020 Subject: Gilroy City Hall Coolins Tower Dear Gary: In a recent observation trip to the project, I discovered a serious problem with the cooling tower, in that it is approximately 30 inches higher ,than it is intended to be. The problem is a compound one. First of all, the subcontractor furnished a model 18" taller than the specified unit without notifying anyone in writing, as is required by Arts. 4.12.5 through 4.12.7 of the General Conditions artd Art. 2.e of the Special Conditions. Secondly, your company constructed the equipment enclosure slab approximately 12" higher than is indicated by the original drawings, addendum details and revised drawing 6A-2. Between the two errors we have a cooling tower standing above the wall, which was carefully designed to screen it, about 30", and this is entirely unsatis- factory. . I am in the process of studying a solution, which may consist of a band of materials entirely around the unit itself, but in any case the cost of the remedial work must be borne by your company and/or the subcontractor. No extra cost will be allowed. I will furnish you, in the near futuro, i drawing of the remedy. Yours truly, ~~ MS:sf cc: Bill Lowrey 346 EAST CAMPBELL AVENUE . CAMPBELL, CALIFORNIA 95008