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E.A. Buttler Contractors, Inc. i)~i December 8, 1971 E. A. Buttler Contractors, Inc. Post Office Box 91 Salinas, California 93901 Subject: Contract, Northslde Park Project - Gilroy Gent lamen: Enclosed Is a fully executed copy of the subject contract for your file. Very truly yours, Fred O. Wood City Administrator FOW:ec Enc losure (1) ... HUD-4238-f (6-661 CONTRACT THIS AGREEMENT, made this 26th day of October 71 ,19-,byand between City of Gilroy, a municipal corporation (Corporate Name of Owner) , herein called "Owner," acting herein through its Mayor , and (Title of Authorized Official) E. A. STRIKE OUT INAPPLICABLE TERMS Buttler Contractors, Inc. (a corporation) (atrNWf.5y..~ (Jlft}r1"'N'I-~JJ/JM/t#Wf5N I ) of Salinas , County of Monterey , and State of California hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: NORTHSIDE PARK ROUGH GRADING <as per attached specifications) hereinafter called the project, for the sum of Twen ty-S I x Thousand Dollars ($ '16.000 ) and aU extra work in connection there~ith, under the terms as stated in the General and Special Con- ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to com- plete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Sup- plemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefor as prepared by Roys ton. Hanamoto. Beck &. Abbey , herein entitled the Architect/Engineer, and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and col- lectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within--45-- consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $ 50.00 for each consecu- tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions. (Over) r ... .... IN WITNE'SS WHEREOF, the parties to thesc prescnts have executed this contract in six (6) countcrparts, each of which shall be deemcd an original, in the year and day first above mcntioncd. (Seal) ATTEST: (Seal) lm.~ (Secretary) S"~..-~. (Witness) CITY OF GILROY,a municipal corporation (Owner) By 4h~'" /L- ~-.-ILU~ Mayor (Title) By E. A. BUTTLER CONTRACTORS, INC. (Contractor) ~~ 'I > //n (L-/// () .- C~~ . '< /' Jd;:'/ :/) Js-'~ / '(Title) rC)'fd.c;x. f'(,.d:.L?b' fJ'F'1 (A ess Bnd. ip Code) / NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. HUD-4238-F (6-66) GP 0 869-380 r CERTIFICATE OF INSUR,MJ,CE.,",~ T; ,; S IS TO CERTIFY that policies in the name of NA]V:~: OF INSURED ^1Jill{ESS E. A. Buttler Contractors, Inc. P. O. Box 91, Salinas, California 93901 c.~.l'<.:' in torce at the date hereof as follows: :C;,\D Of POLICY POLICY NO. POLICY PERIOD LIMITS OF LIABILITY Bodily Injury Property Dam&ge ,\. \'!orkmen T s Compensation Eff. Exp. J. Automobile :,~ClbiJ_ity C') oWl1ed \2'; :-.L.1ed ~3) other non-owned Eff. Exp. Ea Person $ Ea Accid. $ Ea Accid. $ ACV Comprehensive Fire, Theft & TrGnsportation deductible collision Covered Covered Covered Not Covered Not Covered Not Covered l:. ::UJ.l~:J:cehensive ;,iabili ty C~) Automobile Eff. Ea Person $ Ea Accid. $ Exp. Ea Accid. $ Eff .7/31/71 Ea Person $ 100,000 Ea Accid. $ 100,000 Exp.7 /31/72 Ea Accid. $ 300,000 Aggregate $ 100,000 Eff. Ea Person $ Ea Accid. $ Exp. Ea Accid. $ Aggregate $ Eff. Exp. (2) General Royal-Globe Insurance Co. D. Contractual Liability :::. Other and cover in accordance with the policy terms Certificate issued to: Name Address City of Gilroy City Hall, Gilroy, California TEN DAYS NOTICE WILL BE GIVEN TO CERTIFICATE HOLDER IN THE EVENT OF ANY MATERIAL CHANGE O~ CANCELLATION OF THE ABOVE POLICIES ;;[1. TSD : i'ju.iled ,'21:.vered .J y \'.;1wm 12/1/71 12/1/71 [\,,^I'V'jE OF INSURED M)])l\[SS E. A. Buttler Contractors~ Inc. P. O. Box 91~ Salinas~ California 93901 2re in force at the date hereof as follows: KIND OF POLICY POLICY NO. POLICY PERIOD LIMITS OF LIABILITY Bodily Injury 'Property Damage A. v'!orkmen IS Compensation Eff. Exp. B. Automobile Liability C;'.) owned (2) hired (3) other non-owned Eff. Exp. Ea PersQn $ Ea Accid. $ Ea Accid. $ ACV Comprehensive Fire, Theft & Transportation deductible collision Covered Covered Covered Not Covered Not Covered Not Covered C. Comprehensive LiabiliCcy (1) Automobile (2) General LU 63 70 64 Royal-Globe Insurance Co. Eff. Ea Person $ Exp. Ea Accid. $ Eff.7/31/71 Ea Person $ 100~000 Exp. 7/31/72 Ea Accid. $ 300,000 Eff. Ea Person $ Exp. Ea Accid. $ Eff. Exp. Ea Accid. $ Ea Accid. $100,000 Aggregate $ 100,000 D. Contractual ~iability Ea Accid. $ Aggregate $ E. Other and cover in accordance with the policy terms Certificate issued to: Name Address City of Gilroy City Hall, Gilroy, California. TEN DAYS NOTICE WILL BE GIVEN TO CERTIFICATE HOLDER IN THE EVENT OF ANY MATERIAL CHANGE OR CANCELLATION OF THE ABOVE POLICIES DA'1'E;) : 11/ 21./71 lYlai:"ed 11/22/71 lJ-:::"ivered a J \\-:'".-.Ohl GROWERS INSURANCE AGENCY AuthQ~::;,,:,,1. i v,,_.... ! ::,-( CERTIFICATE OF INSUr-ANCE, '..',.lS IS TO q:RTIFY that policies in the name of J\jJJ.'1E OF INSURED ADDRt:SS E. A. Buttler Contractors, Inc. P. O. Box 91, Salinas, California 93901 2~e in force at the date hereof as follows: ~GND OF POLICY POLICY NO. POLICY PERIOD LIMITS OF LIABILITY Bodily Injury Property Damage A. 'v\!orkmen T S Compensation Eff. Exp. b. AJtomobile Liability ~~) owned ,,'.')) ,. d ... .tllre Eff. Exp. Ea PersQn $ Ea Accid. $ Ea Accid. $ (3~ o-:her non-owned ACV Comprehensive Fire, Theft & Trensportation deductible collision Covered Covered Covered Not Covered Not Covered Not Covered c. Comprehensive Liability ~l) Automobile (2) General LU 63 70 64 Royal-Globe Insurance Co. Eff. Ea Person $ Exp. Ea Accid. $ Eff. 7/31/71 Ea Person $ 100,000 Exp. 7/31/72 Ea Accid. $ 300,000 Eff. Ea Person $ Exp. Ea Accid. $ Eff. Exp. Ea Accid. $ Ea Accid. $100,000 Aggregate $100,000 D. Contractual .....,iability Ea Accid. $ Aggregate $ ~. Other an~ cover in accordance with the policy terms Ce~tificate issued to: Name Address City of Gilroy City Hall, Gilroy, California ~t:N DAYS NOTICE WILL BE GIVEN TO CERTIFICATE HOLDER IN THE EVENT OF ANY MATERIAL CHANGE UA CANCELLATION OF THE ABOVE POLICIES 'L '.'=". 11/21/71 UL......L.......JJ . Mai~ed 11/22/71 Delivered 13 y Vfh.om GROWERS INSURANCE AGENCY Autho~~:ative .:' 6___ ... HUD-4238-F (6-661 CONTRACT THIS AGREEMENT, made this 2bth day of Oc tober 11 ,19-, by and between City of Gilroy, .. municipal .:0' pM.tlon (Corporate Name of Owner) , herein called "Owner," acting herein through its Mayor ,and (Title of Authorized Official) E. A. STRIKE OUT INAPPLICABLE TERMS Buttler Contractors. Inc. (a corporation) (a/rIJtHi3/I~ ~~/,pJ."'I.'/.~M~N/JaI,1 ) of Sa'lnas , County of MOnterey , and State of Callfarn'. hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: NORlHStOE PARK ROUGH GRNJING (as per attac:.hed speclflc.ltlons) hereinafter called the project, for the sum of Twenty-Six Thous..d Dollars ($ 26 ,000 ) and all extra work in connection therewith, under the terms as stated in the General and Special Con- ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to com- plete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Sup- plemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefor as prepared by ROys too. ~ t::J. hck " Abbey , herein entitled the Architect/Engincer, and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and col- lectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within~ consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $ 50.00 for each consecu- tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account thereof as providcd in Paragraph 25, "Payments to Contractor," of the General Conditions. (Over) r IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterpa:ts, each of which shall be deemed an original, in the year and day first above mentioned. (Seal) ATTEST: ~(( 47: C I TV OF t 'LRret,d') lfIUf1l G I,.. Gf)rpor. t i 00 ),~ L3g- /7 ;/ /tt72'lt./L-;t1 -" ~~h-~ By ""yor (Title) (Seal.) A 'tll'~.:j.'A~ ---1:. A. IlUTTlfR CtfiTRACTMS, HK:. //~ (Contractor) (C;;>~ . / ~:: / / /-:" ~~~~~ By (Witness) /-) /L/ . :/;7~ . (TItle) ~ L~'~;1 --- - /J c:.:'. - / /~~!5' 7 d /;..~ .,. , (AZ':.. '?';,P Cod.) fJ!: /' NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. HUO-4238-F (6.66) GP 0 869-380 -~ " ~ 'i 'I '.' ~ j ; I, ~ I I - :.. , "t. ~ .., .' 'PERFORMANCE BOND , f. ,'1 }{".:"r t :~:'!'.1 ,'l,'f!!\ ,'~.,-;..;. ~ , '. I,;: ,'\ I' 'r "_1, ,,;J :. j': J I'. '] , I .d' " \'.1', ) , ! '..' ':' IC. ~ '.' ..' ',~ '.' ! ; '/) . ,~ ; ,; , ' .,: KNOW ALL MEN BY THESE PRESENTS: That we E. A. Butt] py. 'r.n'n+X"8C't'Q1;>:;;' 'InG . (Name of Contractor)' . a Corporation (Corporation. Parter.hlp, or Indivldual) I' hl'neinafter called "Prin.cipaJ" and of San Francisco Indust,...i a] Tnrl pmn; t'y ~&rj:l~~wny . State of California hereinafter '". . . '. ",,,~ .: i ../ f,_I,,',,'-:1 ;.' 'I caUed the "Surety". are held and firmly bound into, I, " .... .' .._. o. . _ '. .._ ._.. . _ ....., ," ." .,_. ..' City of Gilrov. a municipal ~O""p~~R+;nn (Owner) of Gil:i.'ov. Californirl (City and State) . hereimifter ~ t:I':~, ~. .~; ", . ~ ';"~lI.'~' i., : called "Owner". in the penal sum of Twenty-~i1( 'f'hom::Rnrl apd No/lOa - - - - - - - - - - - - - ...._.".- h ..-. -.. '-.. - ,,-.... ';" ~ ".~ "-~~-;--a';'i . ",:'" ..:~.;'~"':,':,'~'~!' ...- . - - - - - - - - - - - - - - - Dollars ($' 26.000.00 .. .. .. ) in lawful money of the United states, for the payment of y.rhich sum well and truly to be made, we bind ourselves. our heirs, executors, administrators and succe'ssors ~joindy' and severally, firmly by these presents. . ' ....-..-, t.. :. ."r;~>rr'~ .. THE CONDITION OF THIS OBLIGATION is such t hat Whereas. the Principal entered into a certain contract with the Owner, dated the 26th 'day of O~+oh p,... . 19...ll. a copy of which is hereto attached and made '8.' p~rt hereof for the construction of: ..,._._....___,..~",.,.._~....___ .... .~..4_......'.. .___.. _....._..."...... '\". 'e l'~:~ t ~.,~ 1";":) Northside Park Rough Gradinsz (, I J d' i , . ~ t .. , ~ " '., . . -. ,II;. I,"; ., , .: ....., t"~~1 " ~: ~ ':<I' .. .':.6'."1 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the under. takings, covenants, terms, conditions, and agreements of said contract' durIng the'originat:term.th'ereof, and any extensions thereof which may be granted by the Owner. with or without notice' to the Surety, and if he shall satisfy all claims and demands incurred under suclt contract, and shall fully indemnify and save harm- less the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reo imburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void: otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition Lo the terms of the contract or to tbe work t~J)e performed thereunder or the specifications accompanying the same shall in any wise ~rf~.~t Hs -obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the ~ontract or to the work or to the specifications. '~HU().4238.H, 0\.67) Previous editions are obsolete 4 :".-t. ~ r \') " ,"' ~, PROVIDED. FURTHER, that no final s~ttlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WI'rNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the 26th day of October 19~., ' :'( I, .. II ATTEST: , J '. ,: E. A. BUTTLER CONTRACTORS. INC. Princ/pa' ( ....1.':..' :;;;-' - k".;Z'-Iz-f~'~ .... - ". (S) (Princ/pa') Sec,et.ry ( SEAL) BY' " ., ' ."', ~ ' j 1 " I ... (Addn...Zip Cod.) ~ .; r l',' i ~ If' j 'I').' IF/tn... .. 10 Princ/pa' (Adc..,....Zlp Code) . <l.....~.l.'. ~l d" INDUSTRIAL' INDEMNI1Y 'COMPANY ~~ BI'~~'I'~ , -- Aftomo,.I,...".. :' M. S ~ 'Fields ATTEST: ~ ,; , ! ' (Sunt)') Sec,.I.ry (SEAL) IFltn... .. to SUNlty 7 John Street. Salinas, California (AcIcbe...Zlp Cod.' 93901 (Addn...Zlp Codo) ":. ,j ::,', '! NOTE: Date of Bond must not be prior to date of Contract. U' Contractor is Rartnership. all partners should execute bond " ~ . I ! "f ! . . 1., .'; l .' ,'" . 1., i 1: '.. ::;1 .' . ( ti ...: j'" . i } t : ' ; ~ '_ r. I ',,' I 'I' , ,.', I : I ': ,l.\ , " .'0 UI.1I4 HUo.~238-H (\1.671 l...... .... l I State of California I". County of Monterey J::--"~""'~r'."'.~l~ ..cOF> TIS ~..7~~""'''''''~'' JERny R'. GAT V[ 1..1\ it 1i.\ NOTARY PUBLIC CALIFORNIA t 'II MONTEREY COUNTY ;~V MyCommission ExplresJan,18,1974 '.> - ~'~~.;;~..... 7 Joh~ ;;.';'~linas. Calif. 93901 IYOllO R3 (10/1141 On ~1:obpl" 26, 1 q71 ,before me, the undersigned, a Notary Public of said county and state, personally appeared M. ~_ Fipln~ known to me to be the Attorney of the INDUSTRIAL INDEMNITY COMPANY, the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me that ,uch Ca'pa,aHan executed ~ t ~'Y ;ubHc PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we E. A. Buttler Contractors. Inc. (Name of Contractor) a Corporation (Corporation, Partnership, or Individual) hereinafter called "Principal" and Industrial Indemnity Company (Surety) of San Francisco , state of California hereinafter called the "Surety", are held and firmly bound unto Citv of Gilrov, a municipal cor~qretion (OWner) Gilroy, California (Ci ty and State) of Twenty-six Thousand and No/IOO hereinafter called "Owner", in the penal sum - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 26,000.00 - - - ~ in lawful money of the United States, for the payment of which sum'well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal en- tered into a certain contract wi th the Owner, dated the 26tPday of October 19~, a copy of which is hereto attached and made a part hereof for the con- struction of: Northside Park Rough Grading NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing l~bor in the prosecution of the work provided for in such contract, and any au- thorized extension or modification thereof, including all amounts due for ma- terials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equip- ment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all l~bor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stip- ulates and agrees that no change,. extension of time, al teration or addi tion to the terms of the contract or to the work to be performed thereunder or the speci- fications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or add1tion to the terms of the contract or to the work or to the specifications. HUD.4238-I (11,67) Previous Editions ore Obsolete PROVIDED, FURTHER, that no final settlement between the Owner and the Con- tractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the 26thday of October, 19 71, ATTEST: (Principal) Secre'ary E. A. BUTTLER CONTRACTORS, INC. ?). ";;t:;.. ,'P'" _.." " ,~<~~~ (S) (SEAL) B) ... , (Addre..-Zip Code) ricne.. a. '0 Principal (Addreu-Zip Code) INDUSTRIAL INDEMNITY COMPANY ATTEST: Surety i _ (Sure'y) (SEAL) Secre'ary ~ B~~~ ... A' orney-,n-'ac, .M. S. Fields ricne.. o. to Sure'y (Addus-Zip Code) 7 John Street Salinas, O~1~~b~f~e93901 J NOTE: D~te of BOnd must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond HUD.4238.) (11.67) V. .. OOVERNMI:NT PRINTING OFnCE I 1981 0 . 328-480 ... T I State of California County of Monterey I". oj. 7 JO~~S;:':S81i~8S. Calif. 93901 lYOClO R3 (10/Cl41 On October 26 , 1971 , before me, the undersigned, a Notary Public of said county and state, personally appeared M. S. Fields known to me to be the Attorney of the INDUSTRIAL INDEMNITY COMPANY, the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me ,hot ,uch Co'po,o';on executed the ,ome.t ~ ' ~ Noto')' Publ;c ... .. Jtnotu all mtn bp tfJt~t ~rt~tnt~: HOME OFFICE INDUSTRIAL INDEMNITY COMPANY SAN FRANCISCO J'ower of ~ttorne!,' 248=_ .--:;. ~ That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint __oH,_~___'~___~n_~__________M, S. FIELDS or JERRY Ro GATTIS------------------------------- its true and lawful attorney for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipulations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of ~ - - - - -, ~ -- - - - - - - -- - - - - - - - -, -- -- - - - - -- - -ALL OBLIGEES- - -~, - -"~ - - - -,- - - - - -- - - - - -- - - --- - - - - - - - -- -- provided that the liability of the Company as surety under his authority, in no one instance shall exceed the sum of ---------------------------------------UNLIMITED---------------------------..------------- thousand dollars, and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUS- TRIAL INDEMNITY COMPANY at a meeting held on the 27th day of January, 1971, reading as follows: "RESOL VED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of this com- pany, when attested to by the Secretary or an Assistant Secretary of this company, be and he hereby is authorized to execute Powers of Attorney qualifying the attorneys selected to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its Corporate Seal to be affixed by its proper officers, at the City of San Francisco, California, this 29TH day of JULY , 19 7 1 . INDUSTRIAL INDEMNITY COMPANY SEAL By Do H. McCOMBER D, H, McCOMBER, EXECUTIVE VICE PRESIDENT Attest: DONALD W. SATTERLEE DONALD W 0 SATTERLEE, Assistant Secretary STATE OF CALIFORNIA t CITY AND COUNTY OF SAN FRANCISCO ~ ss. On this 29TH day of JULY ,19, 71 , before me, MARY MUELLER a notary public in and for the City and County of San Francisco, State of California, personally appeared Do Ho McCOMBER and DONALD Wo SATTERLEE known to me to be the EXECUTIVE VICE PRESIDENT and ASSISTANT Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on January 27,1971, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. My commission expires JULY 14, 1975 MARY MUELLER Notary Public in and for the City and County of San Francisco, State of California SEAL I, W. H. EAGLETON, ASSISTANT VICE PRESIDENT ofINDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said origi- nals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and affixed !he seal of INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California, this day of SEAL IY041 R6 (2/711 FORM 1 Y040 , .' ~ I .; f, ~ ' 1 I,' ,"\ ". '."'; 'PERFORMANCE. BOND' , , I" . . .H',:~t, :f:'~"l ,'L-t('" ,'~\ ;. i 1 ,,;: 1 I '! '11, ,;j ",.': I.' .. ! , " , , .\H ! IU' I f ',,' ':' ;(' ~', ' ,': ~ l I, f ! ! 'I.oJ ,,;';, KNOW ALL MEN BY THESE PRESENTS: That we. E. A. Butt] py> 'r.n'ntl""::l(>tor~i 'lIlt! . (Name of ConlraC:lor)' . a Corporation (Corporation, Parter.hip. or Indivldual) I' hereinafter called It Prin.cipal" and of San Francisco Indw:;tY'iFll Tnilpmnity CO~rI1Y (Sur ., . State of California hereinafter ,;~,,~.:,:. %. 'f...,',;"~'\~" ~. ca.lled the "Surety". are held and firmly bound into. .',' .~ .,._... .-.' ..-.--.. .~. ,....-...._. ...' City of Gilrov. a municipa] 00Y'p~~::lTinn (Owner) of Gil:i.'ov. CalifornjFl (Clty and Slate) . hereinafter - . .. . ... ~ ~.... t 'I, \ f: I -:-. . ," ,', ,\ tl.i'~ t.. ; called "Owner". in the penal sum of Twenty-Si'll 'r'hnm::::lnil and ~To/IOO \l.f\~'. \\!1"1 v'\ "..... ~:&,...'~'..d! ----- Dollars ($' 26.000.00 _ _ _ ) in lawful money of the United States. for the payment of y.ohich sum well and truly to be made. we bind ourselves. our heirs, executors, administrators and succe'ssors ~joindy and severally, firmly by these presents. . . "H - ..'.. t' :. .. "f ;~>i' r.~ i THE CONDITION OF THIS OBLIGATION is such t hat Whereas, the Principal entered into a certain contract with the Owner, dated the 26thdliy of 00TOhpl'" , 19-Zl. a copy of which is hereto attached and made'a.' p~rt hereof for the construction of: _.._._~--_.~.. ...-.~...-_. '.. .."...-..... .... "\'" ",'" ...,::. \ ~\~ .,..,..:\ Northside Park Rough Gradinsr ! . ! f... i ..., .. ..... 'I I;. l,,: ',',bt:... "'-I:~ .:,.. ':;6'."1 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the under- takings, covenants, terms, conditions. and agreements of said cont'ract'during the'originaI: term.th'ereof, and any extensions thereof which may be granted by the Owner, with or without notice' to the Surety, and if he shall satisfy all claims and demands incurred under suclt contract, and shall fully indemnify and save harm- less the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall re- imburse and repay the Owner all outlay and expense which t'he Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the speCifications. I~HUD-4238.H. (l\-67) P"vioul ,ditionl or, ohlol,., , ~.(. ~')" ) 'l.. z . PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WI'I'NESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the 26th day of October 19..ll.-.., . f. " ATTEST: .) E. A. BUTTLER CONTRACTORS. INC. Principal '''rc'./!l>>~ (S) (Principal) Secre'ary (SEAL) By " '''l''':,'' ~, 'I I , T '_. . ., (AdcIn...Zip Code) . It,', It \ ~ l:. I f :;\, { '. I Wltnee. .. '0 Principal . ., (AddN...Zlp Code) . ;,"J.!.'i '. INDUSTRIAL' INDEMNITY 'COMPANY B~~9- , '. '. .,. . Allomer'''''. M. S. Fields . ATTEST: ,\ If'' . ~ ~ ; (S"'T) Secre'.ry . (SEAL) 7 John Street. Salinas, California (Add......Zlp Code) 9 39 01 W"n... .. '0 SU"'Y (AdcIn"'Zlp Code) ":! \ ;" . NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond : :. I ~ ! ;'t i.,'j" 1>, . '. ..... J,' 1; .. '" ,; .. 'Ii i I.' ~. 1'. i . ,': "' ;', " t I "i' :"'1 ',!' l, \ " ero ""114 HUo.4238-H (1\.67] ~ r T State of County of lYOllO RS (10/841 California Monterey I". ..c.-~ ~ ~ ~ ~~6hICIAL SEAL ~\...OF 1'. S ~"'.."....." JERRY R. GATTI NOTA[(Y PUBLIC. CALIFORNIA MONTEREY COUNTY My Commission Expires Jan. 18,1974 ~,__.....,'~...~--;:;r:::::""~/"'~";::- 7 John St., Salinas. Calif. 93901 On October 26 , 1971 , before me, the undersigned, a Notary Public of said county and state, personally appeared M. S. Fields known to me to be the Attorney of the INDUSTRIAL INDEMNITY COMP ANY, the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me ~at .uch Ca'pa,a.;an .x.c~~/ ~ Notary Public PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we E. A. Buttler Contractors. Inc. (Name of Contractor) a Corporation (Corporation. Partnership. or Individual) hereinafter called "Principal" and Industrial Indemnity Company (Surety) of San Francisco . State of California hereinafter called the "Surety". are held and firmly bound unto Citv of Gilrov, a municipal corpqfption (Owner) Gilroy, California (Ci ty and State) of Twenty-six Thousand and No/IOO hereinafter called "Owner". in the penal sum Dollars ($ 26,000.00 - - - j in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves. our heirs. executors, administrators and successors. jOintly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal en- tered into a certain contract with the Owner. dated the 26tPday of October 19~, a copy of which is hereto attached and made a part hereof for the con- struction of: Northside Park Rough Grading NOW, THEREFORE, if the Principal shall promptly make payment to all persons. firms, subcontractors. and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract. and any au- thorized extension or modification thereof, including all amounts due for ma- terials, lubricants. oil. gasoline, coal and coke, repairs on machinery, equip- ment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work. and for all labor, performed in such work whether by subcontractor or otherwise, the" t~~s obl~gation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety. for value received hereby stip- ulates and agrees that no change, extension of time. alteration or addition to the terms of the contract or to the work to be performed thereunder or the speci- fications accompanYing the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time. alteration or addItion to the terms of the contract or to the work or to the spec1tIcat1ons. HUD.4238.I (11.67) Previoul Editionl ore Obsolete PROVIDED, FURTHER, that no final settlement between the Owner and the Con- tractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the 26thday of October, 19 71. ATTEST: (Principal) Secretary E. A. BUTTLER CONTRACTORS~ INC. f! 6~7l~~ _(8) (SEAL) B) (Addre..-Zlp Code) 'i'ne~' a. '0 Principal (Addre..-Zlp Code) INDUSTRIAL INDEMNITY COMPANY Surety ATTEST: (Surely) (SEAL) Secre'ary 4 ....~ .~... . By , . .. . AU' .~~.~F'" ,M. S. Fields 'itne.. .. to Surety (Addus-Zlp Code) 7 John Street Salinas, O~1~~b~fwe93901 t NOTE: D~te of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond HUD.4238.1 (11.67) v. e. OOVElIIIMENT PRINTING OF"CE I 1868 0 . SU-480 r l State of County of ,~ lY060 R3 (10/64) California I so. On October 26. 1971 , before me, the undersigned, a Notary Public of said county and state, personally appeared Monterey M. S. Fields known to me to be the Attorney of the INDUSTRIAL INDEMNITY COMPANY, the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me ,'h.t ,"oh C.'p.'.,;., exe"ted the ,.me. ~, H N.t.,y Publk J!nolu all men bp tf)t~e tlrt5tnt~: HOME OFFICE INDUSTRIAL INDEMNITY COMPANY SAN FRANCISCO t'OWtr of ~ ttorntp: 248.-- .J .. ". Ll That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint __o~__________o,___,~__o~_______M, S, FIELDS or JERRY R, GATTIS-----------------------..------- its true and lawful attorney for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipulations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of -------------------------,------------ALL OBLIGEES---------------------------------------- provided that the liability of the Company as surety under his authority, in no one instance shall exceed the sum of - - ,. - -- - - - - - - -- - - ceo --- - - ---- - -- - - - - - - - - - ,-UNLIMITED- - -- - - - - - - -- - - -- - -- --- - -- -- - - - - - -- -- - - --- thousand dollars, and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUS- TRIAL INDEMNITY COMPANY at a meeting held on the 27th day of January, 1971, reading as follows: "RESOL VED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of this com- pany, when attested to by the Secretary or an Assistant Secretary of this company, be and he hereby is authorized to execute Powers of Attorney qualifying the attorneys selected to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its Corporate Seal to be affixed by its proper officers, at the City of San Francisco, California, this 29TH day of JULY ,19 71 . INDUSTRIAL INDEMNITY COMPANY SEAL By D. H, McCOMBER D. H. McCOMBER, EXECUTIVE VICE PRESIDENT Attest: DONALD W, SATTERLEE DONALD W, SATTERLEE, Assistant Secretary STATE OF CALIFORNIA t CITY AND COUNTY OF SAN FRANCISCO f ss. On this 29TH day of JULY ,19, 71 , before me, MARY MUELLER a notary public in and for the City and County of San Francisco, State of California, personally appeared D. H, McCOMBER and DONALD W, SATTERLEE known to me to be the EXECUTIVE VICE PRESIDENT and ASSISTANT Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on January 27, 1971, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. My commission expires JULY 14, 1975 MARY MUELLER Notary Public in and for the City and County of San Francisco, State of California SEAL I, W. H. EAGLETON, ASSISTANT VICE PRESIDENT of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said origi- nals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal o! INDUSTRIAL INDEMNITY COMP ANY at the City of San Francisco, California, this day of , 9 ' SEAL IV041 R6 (2{71) FORM t yn~Q ."t ,,:~.J I'; ,I .,-,11, 1\,: .' ~ " :, , PERFORMA"NCE BOND ; .,,1' J:.: ~~ t if ;'~'1 ,,),.,(,\ ,f~!.I'.": 1 '. ..;. It ,f ,1 I 1~~1 "r '11. ." t",'~ I'". ;., " ;, , ; ( j I. I'.' '. i:1 t P . I' (1 I ~ J,~ ~ "'~H "'~~Hf.'l i ~ "i l' '.' .... I':' I ,'I J;: 1 "', ",'"";:' t i r. J I. . \ .,1 ! ~ . . , f . j , . ~ " I . , '~:, . I ~ KNOW ALL MEN BY THESE,PRESENTS: That we E.. A~ Butt] p,.. 'r.n~i-"";:t(>tQr~':It1g ,,', (Neme of Contrector)' . Corporation (CorporeUon, Perter.hlp, or Indlvldu.l) ". .;', a hlHeinafter called "Prin.c~p~l" and of San Francisco Indusb,jal Tnc1pmnit-y Co~~ny (Sur y , State or California hereinafter ~a,l,led the "Surety". are held and firmly bound intQ: .. -.. -.. . ~'..... ~ ...., .. '.h.. _......~... .. "'.._.. ..~_.. ......._. ,. "., .. ",.. ... ...., -...... 'nt'~.'''~'~ (.,-.~\~:H'" "t ~ City of Gilrov. a municipaJ Qn~p~~;:t+ian (Owner) .... .", ....~ . ,'- .--. ,- .... 4.. ~ _.-... '.. .. (*lI.IJ. ~ '1 i ~:......'" .~ 1; ,t. /'" Or Gili'ov. Californj:=J .- --... - ." -... . ... (City and State) . hereinafter called "Owner". in the penal sum of Twenty-~;'Y 'T'hn1B::;:t'l'1c1 ann No/lOO - - - - - - - - - - - - - - - - - - ...--.......... _.-..~..._.-.....,.~.~ ...._._-~... ....._....__~_....u...., ..... \""'1'; unFI t'" ..!'. ~';l"~,,\i..f - - - - - - - - - - - - - - - - Dollars ($. 26.000.00 - - - ) in lawful money of the United States. for the, payme!1t ,of ~hich sum well and truly to be made. we bind ourselves. our heirs. executors. administrators and successor's~joint'1y' and severally. firmly by these presents.. " ."" . ...._.."... ,: ... THE CONDITION OF THIS OBLIGATION is such t hat Whereas, the PrinCipal entered into a certain contraet with the Owne,r!, ~~te~ the 26th. .dliy of OQt'nh P..... t 19 -Zl. a copy or which is hereto attached and' made a part hereof for the construction of: ' -..- ---....-.. -.......--..,.. .-......... ..... . ....... ..- ,........ " '''','t.!" i":'f:t '.f.\"'t.,<'\ . rr ;~:~r r',:, j , Northside Park Rough Gradin~ ( .1 t.., i .. ... ....' ... . "!l', ..'.. ..... . . .~ ., ,,', .,j of" '" .! '( , ........-,... ... ,..,.-...... ..,. ... ',.. .... ... . tl,t/(,'" '/!~ .='I(...~..'" NOW, THEREFORE, if the Principal shall well. truly and raithfully perform its duties, all the under- takings, covenants. terms. conditions, and agreements 'of said c'ont'ract'during t'he!originarterm..th'ereof, and any extensions thereof which may be granted by the Owner, with or without notice' to the Surety, and if he shall satisfy all claims and demands incurred under suclt contract, and shall fully indemnify and save harm- less the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall re- imburse and repay the Owner all outlay and expense which t'he Owner may incur in making good any default. then this obligation shall be void; otherwise to remain in full rorce and effect. PROVIDED, FURTHER. that the said Surety. for value received hereby stipulates and agrees that no change, extension of tim~, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wiQe affect its obligation on this bond, and it does hereby waive notice or any such change. extension 'of time, alteration or addition to the terms of the ~ontract or to the work or to the speCifications, '~HUf)."238.H.'U067) P,..ioul .ditionl .r. oDlol.t. . r.~."t... "), '" PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WI'I'NESS WHEREOF. this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the 26th day of October 19-ZL., ' ., II ATTEST: , ). E. A. BUTTLER CONTRACTORS. INC. PrinC~JHI' (Princ~pa') Secrela" ( SEAL) " -"',:' (S) ;.,1.", ' ., , .. (AcIdre...Zlp Code) {',',"l- .oi \-,. ; !:,J,(' Wllne.. a. ~o Principa' (Addre...Zlp Code) jl"~.--l '. INDUSTRIAL' INDEMNITY ;COMPANY ~I ! f . .~~ " .: .' . -.' '. -, j- .' .' 'By , ".' . . Atlomer1n-'a M. S~ Fields ' ATTEST: .!. \. ' (Surely) Secrela" . (SEAL) WI/n... .. 10 Surely 7 John Street. Salinas, California (Addre...Zlp Code) 93901 . , (Addre...Zlp Code) . -1 I; .i ::,; ,; NOTE: Date of Bond must not be prior to date of Contract. U Contractor Is Partnership, all partners should execute bond ~ . I ! .. , #1 . ',' '\, . .',;, " r :.: '.;.. . " ;, .' ~ . . >,' '.. I, I ~. : ~ - r. I I' '. , I "f) , " t":! -, 'f ; , Ii ,', o. , , "0 us.su HUo.4238-H (11.67) ... l r State of ,.5., County of IYOIlO R3 (10/64) California I so. Monterey >\ .JER~Y R'. GATTIS iT" NOTAf'!Y PI/RI IC CI\lIFORNIA 01 lY) MONTEREY C,JUNTY V My Commission Expires Jan.18, 1974 7 John St.. Salinas, Calif. 93901 On October 26. 1971. before me the undersigned " , a Notary Public of said county and state, personally appeared M. S. Fields known to me to be the Attorney of the INDUSTRIAL INDEMNITY COMPANY, the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on ehalf of the Corporation therein named, and acknowledged to me hat ,",h C",p",oHao exeouted the ..me. / /. ~ ' ~ No'",y Publk PAYMENT BOND I. KNOW ALL MEN BY THESE PRESENTS: That we E. A. Buttler Contractors. Inc. (Name oC Contractor) a Corporation (Corporation. Partnership, or Individual) hereinafter called "Principal" and Industrial Indemnity Company (Surety) of San Francisco , State of California hereinafter called the "Surety", are held and firmly bound unto City of Gilrov, a municipal cor~qrrtion (OWner) Gilroy, California (Ci ty and State) of Twenty-six Thousand and No/IOO hereinafter called "Owner", in the penal sum - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 26,000.00 - - - j in lawful money of the United States, for the payment of which sum. well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the PrinCipal en- tered into a certain contract wi th the Owner, dated the 26tPday of October 19~, a copy of which is hereto attached and made a part hereof for the con- struction of: Northside Park Rough Grading NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any au- thorized extension or modification thereof, including all amounts due for ma- terials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equip- ment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then thIs obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stip- ulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the speCi- fications accompanYing the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to tbe work or to the specifications, HUD.4238.1 (1 1-67) Previous Editions ore Obsolete ,~ PROVIDED. FURTHER, that no final settlement between the Owner and the Con- tractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the 26thday of October, 19 71. (Pri"cipal) Secre'ary E. A. BUTTLER CONTRACTORS. INC. ~L~~ (S) ATTEST: (SEAL) B) ; . ' ~ ; (Addleu-Zip Code) 'iI"e.. .. '0 Pri"cipal (Addlen-Zip Code) INDUSTRIAL INDEMNITY COMPANY Sure'y ATTEST: j (Surety) (SEAL) Secre'arY4 ~~f,Jr . A' or"ey-i,,-Fae' ,M. S. Fields .iC"e.. .. Co Sure,y. 7 John Street Salinas, G~1~~~~f~e9390l (Adden-Zip Code) I i NOTE: D~te of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond HUD.4238.1 (ll-67) V. '0 OOVERNMENT PRINTlNO OFFICE I un 0 . 318-480 ... l I, I ,~ State of County of 1/ , " lYOllO R3 (10/114) California 155. Monterey -~::...;;.:.:",./'- OFF'fCTAL SEAL JERRY R. GATTIS NOTArIY PUBLIC- CALIFORNIA MONTEREY COUNTY MyCommission ExpiresJan.18.1Ul. ...../--....-"'~-.._- 7 John St., Salinas. ClIlt. 93901 On October 26 , 1971 , before me, the undersigned, a Notary Public of said county and state, personally appeared known to me to be the Attorney of the INDUSTRIAL INDEMNITY COMPANY, the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me .hat such Ca'pa,alia" executed the same. ( ~ h · Nata~ Public ,< .. Itnol11 all mtn bp tbe~t Jrtltnt~: HOME OFFICE INDUSTRIAL INDEMNITY cOMrANY SAN FRANCISCO Jower of ~ ttorntp :, 2t.8--- ~- o That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint __~~_"'~ca..~_,"_~'n_<'__..__".~___H, So FIELDS or JERRY Ro GATTIS-n---------------------------- its true and lawful attorney for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipulations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of ----------~--------------------------ALL OBLIGEES---------------------------------------- provided that the liability of the Company as surety under his authority, in no one instance shall exceed the sum of _ _ ,".. __ _ _ _ __ _ ___ _c~ _ _ _ _ _ _ _ _ _ _ -_ _ _ - _ -_ _ -- -L'NLIHITED- _ C~ - -- - - - - - - -.. - - - - - - --- -- -- - - - - - -- -- - - - -- thousand dollars, and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUS- TRIAL INDEMNITY COMPANY at a meeting held on the 27th day of January, 1971, reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of this com- pany, when attested to by the Secretary or an Assistant Secretary of this company, be and he hereby is authorized to execute Powers of Attorney qualifying the attorneys selected to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and an contracts of suretyship, and to attach the corporate seal thereto." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its Corporate Seal to be affixed by its proper officers, at the City of San Francisco, California, this 29TH day of JULY , 19 7 1 . INDUSTRIAL INDEMNITY COMPANY SEAL By D. H. McCOMBER Do H. HcCOMBER, EXECUTIVE VICE PRESIDENT Attest: DONALD W. SATTERLEE DONALD W 0 SATTERLEE, Assistant Secretary STATE OF CALIFORNIA ~ CITY AND COUNTY OF SAN FRANCISCO f ss. On this 29TH day of JULY ,19, 71 , before me, MARY 'MUELLER a notary public in and for the City and County of San Francisco, State of California, personally appeared Do H. HcCOHBER and DONALD Wo SATTERLEE known to me to be the EXECUTIVE VICE PRESIDENT and ASSISTANT Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on January 27,1971, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. MARY MUELLER Notary Public in and for the City and County of San Francisco, State of California SEAL My commission expires JULY 14" 1975 I, W. H. EAGLETON, ASSISTANT VICE PRESIDENT of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said origi- nals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal f !NDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California, this day of 9 SEAL lY041 R6 (2/711 Fl"I""" 1 V040 W. H. E 1 Proposal or Bid Bond INDUSTRIAL INDEMNITY COMPANY HOME OFFICE: SAN FRANCISCO Bond No. YS 030323 Premium $ Included in initial bid bond charge KNOW ALL MEN BY THESE PRESENTS: That E. A. BUTTLER CONTRACTORS, INC. P. O. Box 91 Salinas, California 93901 (hereinafter called the Principal) as Principal, and the INDUSTRIAL INDEMNITY COMPANY, a corporation created and existing under the laws of the State of California, with its principal office at San Francisco, California, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Gilroy, California. (hereinafter called the Obligee), in the full and just sum of Five Percent of the Amount Bid - ~ ~ - - - - - - - ~ = "" - - - - - - - - - - -Dollars ($ -5% - - - - ), good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal herein is submitting a proposal for Northside Park Rough Grading. Now, Therefore, if the bid or proposal of said Principal shall be accepted, and the contract for such work be awarded to the Principal thereupon by the said Obligee, and said Principal shall enter into a contract for the completion of said work and furnish bonds as required by law, then this obli- gation shall be null and void, otherwise to remain in full force and effect. Signed, sealed and dated this 18th day of October . 19 71 . u~:mJ:\.:JHI~... uF ...~....~;QN:;f211~)t.C.XQ.~g ,'uJ u~~.~.-...u..- -... n.u._nnn ."//"'. / ~ ~-- , .-.,/ . -. ! - " m~Ym.....m.....~~.?~m:uI\M. . .u.u ,~~:._u_..___________. Principal INDUSTRIAL INDEMNITY COMPANY ~ r<~ .... ~ By.m......Z.......m~u.u...~.~::C~~..__.___._........_.___..__... M. S. Fields Attorney FORM lY004 l I I State of California County of Monterey OFFICIAL SEAL I LYDIA F. DUARTE , NOTARY PUBLIC, CALIFORNIA PRINCIPAL OFFICE IN MONTEREY COUNTY My Commission Expires Sept. 25, ]972 :; .... .... r..: v~4-"':..;~~::.;'-......~~-..... ~- .;..-..;. f .... ..... .......... , ~. 1VOllO R3 (10/1l41 I". On October 18, 1971 , before me, the undersigned, a Notary Public of said county and state, personally appeared M. So FieldR known to me to be the Attorney of the INDUSTRIAL INDEMNITY COMPANY, the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. ~..: ,.j-; ,a-~ ...4:f6 . Lyd a F. Duarte Notary Flubl i c CITY OF GlLHOY GILROY, CALIFORNIA CONTRACT DOCmiENTS AND SPECIFICATIONS For NORTHS IDE PARK ROUGH GRADING tl.U.D. Project No. Calif. OSD 475 CITY Project NO. NORMAN B. GOODRICH Mayor GEORGE T. DUFFIN Vice Mayor *************************************************************************** COUNCILMEN FRED P. BATREZ JOHN E. PATE JOHN HUGHES DAVID V. STOUT ANTONY SILVA *************************************************************************** FRED O. WOOD, City Manager Williarll E. AyeI' Director of Parks and Recreation Bruce M. Jacobs City Attorney William K. Henry Director of Public Works Suzanna Stienmetz City Clerk *************************************************************************** PROJECT DESCRIPTION The project consist of 22 acres located in the city of Gilroy, California. The site is located on the Northside of the city surrounded by Church Street to the East, WeIand and Ilanna to the South. The North and West side is undevelopment land. The scope of work is to perform rough grading and earthwork for the future development of a park site. There will be approximately .35,000 cubic. yards of cut material to be relocated to fill mounds and grades on the project site. TABLE OF CONTENT SPECIFICATIONS Project Description Table of Content Advertisement for Bids Information for Bidders Certifications of Bidder Regarding Equal Employment Opportunity and Instructions Bid Form for Lump Sum Contract Bid Bond Contract Performance Bond Payment Bond Project Signs General Conditions Supplemental General Conditions Basic Wage Rates (HUD) TECHNICAL SPECIFICATION Division 1 GENERAL REQUIREMENTS Division 2 CLEARING AND FINAL CLEAN-UP Division 3 SITE EARTHWORK AND GRADING U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HU 0-4238-A (5-66) ADVERTISEMENT FOR BIDS Project No. ~OSJL4 7!; City of ~ilroYt California (Owner) Separate sealed bids for Northside Park Rough Grading the City of Gilroy for will be received by the City Clerk at the office of the City Clerk 7390 Rosanna Street, Gilroy, California until 2:00 o'clock(AXM~-P.M.,~S.T.X.XXXX~X'KX~) October 18th office publicly opened and read aloud. , 19 ZL, and then at said The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid Bond, . Performance and Payment Bond, and other contract documents maybe examined at the following: Department of Public Works. City of Gilroy. California City Hall. 7390 Rosanna Street Gilroy, California Copies may be obtained at the office of Director of Pub 1 i c Work s located at Ci ty HaU, Gilroy upon payment of $ 5.00 for each set. Xny..XinA~X)Unb'ilt~XHf(QlK~OOXI~s(OCGi1XOCI)t}}X*OOl{N~Xt>>K~l()gQ*OCX;}tt(&i:t:OO>>X~~tixre~~JtXtX.~PXXIHmt, XOC~}(KS<>>>>OC-;bX~XXt:Pf{OCX;>>)fJ{M1X.t~g:t>XJ.xk:~xooXmQXlxk~x~Km~x The owner reserves the right to waive any informalities or to reject any or all bids. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information for Bidders. . Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and m,nimum wage rates to be paid under the contract. No bidder may withdraw his bid within 30 days after the actual date of the opening thereof. (Date) SUZANNA STIENMETZ City Clerk of City of Gilroy GPO 869-156 HUD-4238-A (Page 2) ADVERTISEMENT FOR BIDS Pursuant to Executive Order 11246, as amended, on Equal Employment Opportunity, a prime contractor and sub-contractor who signs a contract on a Federally assisted construction project are required to take affirmative action toward equal employment opportunity and are required under certain conditions to present written Affirmative Action Programs. At pre-construction conferences. the successful bidder and his known principal sub-contractors shall be required to present and discuss the approach to be taken by the successful bidder and sub-contractors to implement the requirements of affirma- tive action for equal employment and training in accordance with Executive Order 11246. as amended. .. -To I INFORMATION FOR BIDDERS HUD-~238-B (2-66) U, S. DEPARTMENT OF HOUSING AND URE\AN DEVELOPMENT 1. Receipt and Opening of Bids The __ C:i:!:L of Gilroy (herein called the "Owner"), invi tes bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the office of The City Clerk until 2: 00 0' clock ~X~X-P.M. ,_-E--ST/DST O('tober___18th , 1~21-, and then at said office publicly opened and read aloud. The envelopes containing the bids must be seal ed, addressed to CITY CLERK at City HRllJ 7~90 ROSRnnR Street and designated as Bid for Nortnsine pork ~Ollgh hroning The Owner may consider informal any bid not prepared and submitted in accord- ance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 30 days after the actual date of the opening thereof. Preparation of Bid Each bid must be submitted on the prescribed form and accompanied by Certifica- tion by Bidder Regarding Equal Employment Opportunity, FGtm HUD-4238-CD-l. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the foregoing Certification must be fully completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project f&r which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified ift the bid form. Subcontracts The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract-- a. Must be acceptable to the Owner and the Department of Housing and Urban Development, and, b. Must submit Form HUD-4238-CD-2, Certification by Prcposed Subcontractor Re- garding Equal Employment Opportunity. Approval of the proposed subcontract award cannot be given by the Owner unless and until the proposed subcon- tractor has submitted the Certification and/or other evidence showing that it has fully complied with any reporting requirements to which it is or was subj ect. I Previous Edi tions Obsolete J r - 2 - Although the bidder is not required to attach such Certifications by proposed subcontractors to his bid, the bidder is here advised of this requirement so that appropriate action can be taken to prevent sUbsequent delay in subcontract awards. 4. Telegraphic Modification Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic commu- nication is recei ved by the Owner prior to the closing time, and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. 5. Method of Bidding The Owner invites the following bides): Lill>IP SUM AMOUNT 6. Qualifications of Bidder The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the Obligations of the contract and to complete the work contemplated therein. Con- ditional bids will not be accepted. 7. Bid Security Each bid must be accompanied by cash, certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all ex- cept the three lowest bidders within three days after the opening of bids, and the remaining cash, checks, or bid bonds will be returned promptlY after the Owner and the accepted bidder have executed the contract, or, if no award has been made within 30 days after the date of the opening of bids, upon de'mand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 8. Liquidated Damages for Failure to Enter into Contract The successful bidder, upon his failure or refusal to execute and deliver the con- tract and bonds required within 10 days after he has received notice of the accept- ance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the securi ty deposi ted wi th his bid. - 3 - 9. Time of Completion and Liquidated Damages Bidder must agree to commence work on or before a date to be specified in a written ~Notice to Proceed" of the Owner and to fully complete the project within 45 consecutive calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $~QQ for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 10. Conditions of Work Each bidder must inform himself fully of the conditions relating to the con- struction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the contractor, in carrying out his work, must employ such mf'ttods or means as will not cause any interruption of or interference with the ~or~ of any other contractor. 11. Addenda and Interpretations No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to Royston, Hanamoto, Beck ~bey at 50 Green Strp.p.tJ S~n Fra~cjsco, Calif. and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the speci- fications which, if issued, will be mailed by certified mail wi th return re- ceipt requested to all prospective bidders (at the respective addresses fur- nished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from uy obligation under his btd as submitted. All addenda so issued shall become part of the contract documents. 12. Security for Faithful Performance Simultaneously with his delivery of the executed centract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons perfor.ing labor on the project under this contract and furnishing materials in cORRection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner. 13. Power of Attorney Attorneys-in-fact who sign bid bonds or contract ~ds must file with €ach bond a certified and effectively dated copy of their power of attorney. 't! -r---' - 4 - 14. Notice of Special Conditions Attention is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and ~~~~~X (b) Insurance requirements. (c) Wage rates. X(~~'(~).l)if.v,~ 15. Laws and Regulations The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall a~ply to the contract throughout. and they will be deemed to be included in the contract the same as though herein written out in full. 16. Method of Award - Lowest Qualified Bidder If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the contract, the contract will be awarded on the base bid only. I f such bid exceeds such amount, the Owner may rej ect all bids or may award the contract on the base bid combined wi th such deducti- ble alternates applied in numerical order in which thQ are listed in the Form of Bid, as prOduces a net amount which is within the available funds. 17. Obligation of Bidder At the time of the opening of bids each bidder will be presumed to have in- spected the site and to have read and to be thoroughl} familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect of his bid. D,S. GOVERNMENT PAINTING OFFICE: 19670-272-540 .. HUD-4238-B (Page 5) -5- 18. preconstruct ion Conference Relating to Affirmative Action Program For ~ual E,mp loyment or>ponunity: Executive Order 11246, as amended, (Equal Employment Opportunity) requires that a prime contractor or subcontractor who signa a contract on a Feder- ally assisted construction project assumes the obligation to take whatever affirmative actions are necessary to assure an equal employment opportun- ity in all aspects of employment, irrespective of race, color, religion, sex or national origin. All construction contractors and subcontractor. covered by the Executive Order 11246, as amended, are required to take affirmative action toward employment opportunity. All construction contractors and subcontractors covered by the Executive Order 11246, 8S amended, are required to take affirmative action toward employment opportunity. Within ten (10) days after notification of contract award, the successful bidder together with his known principal subcontractors, will be required to attend a Preconstruct ion Conference at a time and place designated by the Owner. Subcontractors shall include, but not be limited to, major items of work such as heating, electrical, plumbing and so forth. The pur- pose of the preconstruction Conference is to discuss, among other considera- tions, the responsibilities of the successful bidder and his subcontractors under Executive Order 11246, and the requirement for a written Affirmative Action Program, if required, from the successful bidder and subcontractor. Each successful bidder is hereby advised that a prepared Affirmative Action Program, in writing, will be required within 15 days after the preconstruc- tion Conference under the following conditions: (a) where the prime contracts are of $100,000 or more on projects costing $1 million or more; (b) where the subcontracts are of $100,000 or more on projects costing $1 million or more, where such subcontractors: (1) will employ the higher paid trade. (such as plumbers, electricians, or iron-workers), and (2) the higher paid trades locally have little or no minority group representation; ~ (c) where contracts or subcontracts which are not covered by (a) or (b) above, but which, because of location or other special factors are specifically identified. 19. Affirmative action plans must contain the followiftg infor.ation: (a) An analysis of all major job classifications at the facility, with explanations as to why minorities aay concurrently be under- utilized in anyone or more job cbs.ea. "Under-utilization" is defined 8S having fewer minoritie. in a particular job class HUD-4238-B (Page 6) -6- than their availability in the community; (b) Goals and targets and affirmative ection commitments designed to relieve any deficiencies identified by the company. Such goals and targets should be in terms of specific numbers, by jobs or job classes having similar content, wage rates and oppor- tunities, with specific ti~~tables for achievement. In estab- lishments with over 1,000 employees, goals and targets may be presented by department; (c) Support data for above analysis and program. Such data should include progression line charts, seniority rosters, applicant flow data. and applicant rejection ratios, indicating minority status. 20. Instructions for Contracts Regarding Affirmative Action Under Executive Order 11246. (See Attachment It A" - HUD-907) HUD-~238-CD-1 ( 6-6 6) U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL HOUSING ADMINISTRATION CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon- tractors, shall state as an initial part of the bid or negotiations of the contract whether it has partici- pated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed 011 compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: ~. (l.. ~ ~ ~ ~ J Add,.." . _ _ . _. _ _ ~ . 9.3 7tJ/ , 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes~No 0 2. co~. ,.po," w.,. '.q.;,.d to b. HI.d ;n ,onn.,';on w;,h ,",h ,ont,o<l ... ..b,on"o,t. Yes No 0 3. Bi:~,filed 011 compliance reports due under applicable instructions, including SF-100. YeXo 0 None Required 0 4. If answer to item 3 is .. No," please explain in detail on reverse side of this certification. Certification - The information above is true and complete to the best of my knowledge and belief. V'e NAME AND TITLE OF SIGNER ~~~~ \ o-li - 71 DATE 214892-P I Previous Editions Obsoletel HUI:l-Waeh., D. C. Form Approved Budget Bureau No. 63-R.!!42 HUD-907 7-67 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Instructions For Contractors Regarding Affirmative Action Under Executive Order 11246 (Equal Employment Opportunity) EEO: A CONTRACTUAL OBLIGATION A prime contractor or subcontractor who signs a contract on a Federal or federally-assisted construction project assumes the obligation to take whatever affirmative actions are necessary to assure equal employment opportunity in all aspects of employment, irrespective of race, color, religion, or national origin. It is expected that a con- tractor will carry out that part of his contract pertaining to equal employment opportunity with the same amount of thought and action as he will any other part of the contract. THE AFFIRMATIVE ACTION PROGRAM To do this, the contractor must have a program of affirmative action. The program must be tailored to the particu- lar set of cirCumstances which apply to the contractor and to the locality, the labor market, and the project (or projects) in which the contractor is involved. It is expected that a contractor's affirmative action program will include actions suited to carrying out the prin- ciples listed in the following pages, to show that top management of the company intends to, and will, exert posi- tive effort to assure equal opportunity in employment. (The actions listed under these principles in the following pages are furnished only as suggestions, and are not intended to limit the kinds of actions which may be taken. A substantial proportion of these or comparable actions are considered feasible for the individual employer, either on his own or as part of a joint effort with his professional or trade association in the local area.) PROCEDURE FOR SUBMITTING WRITTEN PROGRAM DIn some cases, submittal of written copies of the program is required. If the box at left is checked, the prime contractor is to develop and submit to the applicant,! within 15 days after the preconstruction con- ference (or after receipt of this notice, if the project is already under construction), three copies of his written affirmative action program. Likewise, if the box is checked, the prime contractor is to submit to the appli- cant, within 15 days of awarding each nonexempt2 subcontract of $100.000 or more, three copies of the affirmative action programs of each such subcontractor. An up-to-da.te copy of each affirmative action program is also to be maintained at the employment site, available for inspection by representatives of the applicant and of the Govern- ment. If the box is not checked, submittal of written copies will not ordinarily be required, but all other aspects of these instructions remain in effect. FOLLOW-THROUGH To assure compliance with equal employment opportunity requirements and evaluate progress made by a contractor under his affirmative action program. the applicant will observe the contractor's performance on a continuing basis. Compliance reviews will also be made by representatives of the Department of Housing and Urban Development. To be acceptable, affirmative action programs must reflect current (as well as past) thought and action on the part of the employer. It is recommended that each contractor and subcontractor keep a file of his equal employment activities and accomplishments. 1 Read (instead of "applicant" wherever it appears) "Applicant's Architect/Engineer" or uLPA" or "LHA" or "Sponsor" where such term is more approp'riate. Read "HUD Regional Office" if a direct Federal contract is involved. 2 "Nonexempt" as specifically identified by the applicant or a representative of HUD at the preconstruction (or preperformance) conference. Principles of Affirmative Action AND SUGGESTED STEPS FOR A PROGRA\'1 1. Write out an Equal Employment Opportunity Policy for your company. Make this policy known to all your em- ployees and potential sources of employees and to your subcontractors, asking :heir cooperation. Use every ap- propriate means (bulletin boards, handbooks, letters, etc.) to get your points across. Be sure you are understood. (One way is to ask for signed acknowledgments and assurances of cooperation.) 2. Appoint a top management official. in your company as Equal Employment Ol}portunity Officer (or equivalent title), to coordinate company efforts, to advise and assist your key staff, including superintendents and foremen, and to serve as a focal point for any complaints. 3. Assure non-discriminatory recruiting for your company, taking appropriate steps such as: (a) Placing employment advertisements in newspapers which serve the largest number of minority-group people in the recruiting area; (b) Recruiting through schools and colleges having substantial proportions of minority students; (c) Maintaining systematic contacts with minority and human relations organizations, leaders, and spokesmen to encourage referral of qualified minority applicants (including those in related work such as fabricating shops and home repair) and minority youths interested in construction occupations; (d) Encouraging present employees to refer minority applicants; (e) Making it known to all recruitment sources that qualified minority members are being sought for consideration for supervisory, journeyman, office, and technical jobs as well as others. whenever the company hires. 4. Assure non-discriminatory hiring by your company, taking appropriate steps such as: (a) Instructing personally those of your staff who make hiring decisions that minority applicants for all jobs (in- cluding supervisory. journeyman, office, and technical jobs) are to be coosidered without discrimination; (b) Where union agreements exist -- 1. cooperating with your unions (perhaps through your contractors' organization) in the development of pro- grams to assure qualified minority persons -- including apprentices - of equal opportunity for employment in the construction trades; 2. including an effective non-discrimination clause in new or renegotia~d union agreements; (c) Using as many apprentices and summer and part-time trainees -- particlllarly from the minority group -- as work needs and union agreements, if any. will permit. 5. Assure that your company makes maximum use of apprenticeship and other training to help equalize opportunity for minority persons, taking appropriate steps such as: (a) Sponsoring and assisting minority YO\lths as well as others to enter pre-apprentice and apprentice training, and making such training available to the maximum extent within your company; (b) Actively encouraging minority employees as well as others to increase their skills and job potential through participation in training and education programs, and helping to assure that such programs are ade- quate and are in fact available to minority persons; (c) Actively participating in Joint Apprenticeship Committees; (d) Working with civic, labor, and contractors' organizations (helping to organize a sponsoring group if nec- essary) to conduct an open-admission training resource for the constmction trades in your area. 6. Assure non-discriminatory placement and promotion within your company, taking appropriate steps such as: (a) Instructing personally those of your staff who make decisions on placement and promotion that minority employees are to be considered without discrimination, and that job areas in which there is little or no minority representation should be reviewed to determine whether this results from discrimination; 2 ... (b) pistributing written questionnaires to all lower-paid employees, inquiring as to their interest and skills with respect to any of the higher-paid trades, followed by assistance, counselling, and effective measures to enable employees with interest and potential to qualify themselves for such trades. 7. Assure non-discriminatory pay, other compensation. and working conditions in your company, taking appropriate steps such as: (a) Examining rates of pay and fringe benefits for present employees with equivalent duties, and adjusting any inequities found; (b) Not reducing the compensation of existing employees whom you have converted to on-the-job trainee status; (c) Advising all qualified employees whenever there is an opportunity to perform overtime work, 8. Assure non-discriminatory demotion. layoff. or termination, pe rhaps by requiring advance clearance of such ac- tions through your company's Equal Employment Opportunity Officer. 9. Encourage non-discriminatory subcontracting for your company, taking appropriate steps such as: (a) Encouraging minority-group subcontractors, and subcontractors with minority representation among their employees, to bid for subcontracting work; (b) Counselling and assisting minority craftsmen who have the interest and potential to become subcontractors, with respect to securing performance bonds, writing contracts, and making bids. 10. Follow through, questioning, verifying, making whatever changes or additions to your program may be necessary to obtain results. 3 U. S. DEPARTMENT OF HOUSING AND URBAN DEVfLOPMENT BID FOR LUMP SUM CONTRACTS ::::e~l~ ( Project No. OS D 17 ~ Proposal Of~~ ~t.. (hereinafter called "Bidder") ~. corporation/ It fla.t..".",ldp/ "II illai"iih.l!!l'l doing business as ( ate) (STRIKE OUT INAPPLICABLE: TERMS) ~.G._~j~~~...~ql ) Ci ty of Gilroy California J ~. ~ I c... . ,~, 01 To th e ' (a (hereinafter called "Owner") Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a Nnrthsi~p. Park Rough Grading having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, mat.erials, and supplies; and to construct the project in accordance with the Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the. Owner and to fully complete the project within_AS_consecutive calendar days thereafter as stipu- lated in the specifications. Bidder further agrees to 'pay as liquidated damages, the sum of $ 50.00 for each consecutive calendar day thereafter as herein- after provided in Paragraph 19 of the General Conditions. Bidder acknowledges receipt of the following addendum: BASE PROPOSAL: Bidder agrees to perform all of the described in tbe specifications and shown on tbe Plansofor the sum o~ ~ ~<. ~ ~ ($ ~()OO.R!i!. ) (AmountshaUbe shoan in both words and figures. In case of discrepancy, the amount shown in words will govern.) HUD-4238C (8-66) LTERNATE PROPOSALS: No.1: sum of ($ Deduct the Al ternate No.3: Deduct the sum of ($ Al ternate No.4: Deduct the sum of ($ UNIT PRICES: For changing ngs upon written hall prevail: items from t se indicated by the contract draw the architect/en "neer, the following uni t price 1. 2. $ 3. $ The bove unit prices shall include all labor, materials, bailing, ~h_o "ng, re- oval overhead, profit, insurance, etc., to cover the finished work of the s i s called for. Changes shall be processed in accordance with paragraph eneral Conditions. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. Upon receipt of wri tten notice of the acceptance of this bid, Bidder will exe- cute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by Paragraph 29 of the General Conditions. A. j. fI The hid security attached in the sum of .5 (fPAJ ~ ~"""lI'<-dI. ($ ) is to become the property of the Owner in the event the contract and bond iare not executed wi thin the time above set forth, as liqui- dated damages for the delay and additional expense to the Owner caused thereby. (SEAL - if bid is by a corporation) Respect~~b.itted: By: ?k-.-~~~ (Signature) -9~~ (Title)~ 30. ~'fl - (Busi/l.ess Address an Zip Code) J 7.3701 HUO-4238C (8-66) HUO-Wash., D.C. 238124-f> " r PROJECT SIGN The Contractor shall fabricate and erect a project sign substantially in accordance with the drawing below. The sign shall be made from 3/4 inch plywood, placed in a prominent location with the approval of the City and Landscape Architect, and maintained in good conidition until completion of the project. CITY OF GILROY CALIFORNIA NORTHSIDE PARK ROUGH GRADING AIDED BY FEDERAL GRANT 6'-0" OPEN SPACE LAND PROGRAM PROJECT NO. CALiF. OSD 475 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ROYSTON, HANAMOTO, BECK & ABEY Landscape Architects 50 Green Street San Francisco NAME OF CONTRACTOR Address 8'-0" U.S, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WATER AND SEWER FACILITIES GRANT PROGRAM GENERAL CONDITIONS 1. Contract and Contract Documents The project to be constructed pursuant to this contract will be financed with assistance from the Department of Housing and Urban Development and is subject to all applicable Federal laws and regulations. The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents are ~olely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. Contents* 1. Contract and Contract Documents 2. Definitions 3. Additional Instructions and Detail Drawings 4. Shop or Setting Drawings 5. Materials, Services, and Facilities 6. Contractor's Title to Materials 7. Inspection and Testing of Materials 8. "Or Equal" Clause 9. Patents 10. Surveys, Permits and Regulations 11. Contractor I s Obligations 12. Weather Conditions 13. Protection of Work a,nd Property-- Emergency 14. Inspection 15. Reports, Records and Data 16. Superintendence by Contractor 17. Changes in Work 18. Extras 19. Time for Completion and Liquidated Damages 20. Correction of Work 21. Subsurface Conditions Found Different 22. Claims for Extra Cost 23. 'Right of Owner to Terminate Contract 24. Construction Schedule and Periodic Estimates 25. Payments to Contractor 26. Acceptance of Final Payment as Release 27. Payments by Contractor 28. Insurance .See alphabetical subject Index at end. HUD-4238S (9-70) Previous edition is obsolete 29. Contract Security 30. Additional or Substitute Bond 31. Assignments 32. Mutual Responsibility of Contractors 33. Separate Contracts 34. Subcontracting 35. Architect/Engineer's Authority 36. Stated Allowances 37. Use of Premises and Removal of Debris 38. Quantities of Estimate 39. Lands and Rights-of- Way 40. General Guaranty 41. Conflicting Conditions 42. Notice and Service Thereof 43. Required Provisions Deemed Ins erted 44. Protection of Lives and Health 45. Subcontracts 46. Equal Employment Opportunity 47. Intel"est of Member of Congress 48. Other Prohibited Interests 49. Use Prior to Owner's Acceptance 50. Photographs 51. Suspension of Work 52. Minimum Wages 53. Withholding Payments 54. Payrolls and Payroll Records 55. Apprentices 56. Compliance with Copeland Anti-Kick- back Act 57. Overtime 58. Signs 59. Employment Practices 60. Contract Termination; Debarment 2. Definitions The following terms as used in this contract are respectively defined as follows: (a) "Contractor": A person, firm or corporation with whom the contract is made by the Owner. (b) "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate contract or agreement with, the Contractor. (c) "Work on (at) the project": Work to be performed at the location of the project, includ- ing the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. 3. Additional Instructions and Detail Drawings The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, test- ing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accord- ance with the progress of the work. 4. Shop or Sett~ng Drawings The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. Alter examination of such drawings by the Architect/Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/ Engineer the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the Contractor will never- theless be responsible for the accuracy of such drawin~s and for their conformity to the Plans and Specifications, unle s s he notifie s the Architect/ Enginee l' in writing of any devia- tions at the time he furnishes such drawings. 5. Materials, Services, and Facilities (a) It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete, and deliver the work within the specified time. (b) Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the Owner. 6. Contractor's Title to Materials No materials or supplies for the work shall be purchased by the Contractor or by any Sub- contractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 2 HUD-4238S (9-70) I 1 (a) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all labo- ratory inspection service direct, and not as a part of the contract. (b) Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish con- formance with specifications and suitability for uses intended. I ~ i f ! ~ t ~ r 7. Inspection,and Testing of Materials 8. "Or Equal" Clause Whenever a Inaterial, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors I names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Architect/Engineer's written approval. . 9. Patents (a) The Contractor shall hold and save the Owner and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the contract, including its use by the Owner, unless otherwise specifically stipulated in the Contract Documents. , (b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, direct by the Owner and not by or through the Contractor. (c) If the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material. It is mutually agreed and under- stood, that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this contract, and shall indemnify the Owner for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 10. Surveys, Permits, and Regulations Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the Contractor all surveys necessary for the execution of th~ work. The Contractor shall procure and pay all permits,. licenses and approvals necessary for ,the execution of his contract. The Contractor shall comply with all laws, ordinances, rules, orders, and regulations re- lating to performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities. 11. Contractor's Obligations The Contractor shall and will, in good workmanlike manner. do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as 3 HUO-4238S (9-70) r herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this contract any and all supplemental.plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. The Contractor shall observe, comply with, and be subject to all terms, conditions, require- ments, and linlitations of the contraCt and specifications, and shall do, carryon, and com- plete the entire work to the satisfaction of the Architect/Engineer and the Owner. 12. Weather Conditions In the event of temporary suspensionofwork, or during inclement weather, or whenever the Architect/Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor. 13. Protection of Work and Property--Emergency The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the con- tract or by the Owner, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property, and/or safety of life, the Contractor will be allowed to act, without previous instructions from the Architect/ Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately there- after. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the Contractor has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Condi- tions. 14. Inspection The authorized representatives and agents ofthe Department of Housing and Urban Develop- ment shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. 15. Reports, Records, and Data The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed or to be performed under this contract. 16. Superintendence by Contr~ctor At the site of the work the Contractor shall employ a construction superintendent or fore- man who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. 4 HUO-4238S (9-70) \ r 17 Changes in Work No changes in the work covered by the approved Contract Documents shall be made with- out having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the fol- lowing methods: (a) Unit bid prices previously approved. (b) An agreed lump sum. (c) The actual cost of: 1. Labor, including foremen; 2. Materials entering permanently into the work; 3. The ownership or rental cost of construction plant and equipment during the time of use on the extra work; 4. Power and consumable supplies for the operation of pO\ver equipment; 5. Insurance; 6. Social Security and old age and unemployment contributions. To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 18. Extras Without invalidating the contract, the Owner may order extra work or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the price is stated in such order. 19. Time for Completion and Liquidated Damages It is hereby understood and mutually agreed, byand between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently, and un- interruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to the Owner the amount specified in the contract, not as a penalty hut as liquidated damages for such breach of contract as hereinafter set forth, for each a1!lrl every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the 'work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event susta'in, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is 5 HUD-4238S (9-70) r allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Provided, furthe!", that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: (a) To any preference, priority or allocation order duly issued by the Government; (b) To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epiclem.ics, quarantine restrictions, strikes, freight embargoes, and severe weather; and (c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article: Provided, further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlernent of the contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reason- able time of its decision in the matter. 20. Correction of Work All work, all materials, whether incorporated in the work or not, all processes of Inanu- facture, and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suit- ability of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthv,rith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable. 21. Subsurface Conditions Found Different Should the Contractor encounter sub-surface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall imme- diately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shownon the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find nec- essary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph l7 of the General Conditions. 22. Claims for Extra Cost No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give the Owner access to accounts relating thereto. 23. Right of the Owner to Terminate Contract In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contract, such notices to contain the reasons for 6 HUD-4238S (9-10) \. r such intention to terminate the contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall imme- diately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the contract; Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor and the Contractor and his Surety shall be liable to the Owner for any ex- cess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefor. 24. Construction Schedule and Periodic Estimates Immediately after execution and delivery of the contract, and before the first partial pay- ment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. 25. Payments to Contractor (a) Not later than the 15th day of each calendar month the Ow-ner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this contract, but to insure the proper performance of this contract, the Owner shall retain ten percent (10%) of the amount of each estimate until final completion and acceptance of all work covered by this contract: Provided, that the Contractor shall submit his estimate not later than the first day of the month; Provided, further, that the Owner at any time after fifty percent (50%) of the work has been completed, if it finds that satisfactory progress is being made, may make any of the remaining progress payments in full; Provided, further, that on completion and acceptance of each separate building, public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made in full, including retained percentages thereon, less authori zed deductions. (b) In preparing estimates the material delivered on the site and preparatory work done may be taken into consideration. (c) All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relie\ring the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the contract. (d) Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Con- tractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, dis- charged, or waived. If the Contractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where- upon payment to the Contractor shall be resumed, in accordance with the terms of this 7 HUD-4238S (9-70) " contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the contract ~y the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 26. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this contract or the Performance and PaYlnent Bond. 27. Payments by Contractor The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which services are rendered, (b) for all materials, tools, and other expendable equipment to the extent of ninety percent (90%) of the cost thereof, not later than the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at the site of the project, and the balance of the cost thereof, not later than the 30th day following the completion of that part of the work in or on which such materials, tools, and equipment are incorporated or used, and (c) to each of his subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work per- formed by his subcontractors to the extent of each subcontractor's interest therein. 28. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his sub- contract until the insurance required of the subcontractor has been so obtained and approved. (a) Comp-ens ation Insurance: The Contractor shall procure and shall maintain during the life of this contract Workmen's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the pro- ject under this contract and, in case of any such work sublet, the Contractor shall re- quire the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insur- ance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall procure and shall maintain during the life of thi s con- tract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. (c) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall either (1) require each of his subcontractors to pro- cure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplemental General Conditions specified in subparagraph (b) hereof or, (2) insure the activities of his policy, specified in subparagraph (b) hereof. (d) Scope of Insurance and Special Hazards: The insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcon- tractors, respectively, against damage claims which may arise from operations under 8 HUD-4238S (9-70) " this contract, whether such operations be by the insured or by anyone directly or in- directly employed by him and, also against any of the special hazards which may be encountered in the performance of this contract as enumerated in the Supplemental General Conditions. . (e) Builder'~_~isk In~.llra~,<:~J!,i.~e~and_~x!<:'!l.~~oveLCiK~.J: Until the project is completed and accepted by the Owner, the Owner, or Contractor (at the Owner's option as indicated in the Supplemental General Conditions, Form HUD-4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage) ona 100 percent completed value basis on the insurable portionofthe project for the benefit of the OVvner, the Contractor, subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during con- struction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking. (f) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of ex- piration of policies. Such certificates shall also contain substantialiy the following state- ment: "The insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the Owner." 29. Contract Security The Contractor shall furnish a performance bond inan amount at least equal to one hundred percent (100%) of the contract prices as security for the faithful performance of this con- tract and also a payment bond in an amount not less than one hundred percent (100%) of the contract price or in a penal surn not less than that prescribed by State, territorial or local law, as security for the payment of all persons performing labor on the project Ul1der this contract and furnishing rnaterials in connection with this contract. The perfornlance bond and the payment bond maybe in one or in separate instruments in accordance with local law. 30. Additional or Substitute Bond If at any time the Owner for justifiable cause shall be or become dissatisfied with any surety or sureties, then upon the Performance or PaYluent Bonds, the Contractor shall within five (5) days after notice from the Owner so to do, substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No further payments shall be deelued due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the Owner. 31. Assignments The Contractor shall not assign the whole or any part of this contract or any moneys due or to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any moneys due or to become due under this contract, the in- strument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any moneys due or to become due to the Contractor shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this contract. 32. Mutual Responsibility of Contractors If, through acts of neglect on the part of the Contractor, any other Contractor or any sub- contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or subcontractor by agreement or arbitration if such other Con- tractor or subcontractors will so settle. IT. such other Contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sus- tained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. 9 HUD-4238S (9-70) \ r 33. Separate Contract The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangclncnt for the storage of materials and in the detailed execu- tion of the work. The Contractor, including his subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status ofthe work as being satisfactory for proper coordination with his own work. 34. Subcontracting (a) The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty sub- contractors. (b) The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits. to the Owner a written staternent concerning the proposed award to the subcontractor, which statement shall contain such infonnation as the Owner may require. (c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terrns of the General Conditions and other contract documents insofar as applicable to the work of subcon- tractors and to give the Contractor the same power as regards terminating any sub- contract that the Owner may exercise over the Contractor under any provision of the contract documents. (e) Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner. 35. Architect/Engineer's Authority The Architect/Engineer shall give all orders and directions contemplated under this con- tract and specifications, relative to the executionofthe work. The Architect/Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this contract and shall decide all C).uestions which may arise in relation to said work and the construction thereof. The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expres sly provided. In case any question shall arise between the parties hereto relative to said con- tract or specifications, the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this contract affected in any rnanner or to any extent by such question. The Architect/Engineer shall decide the meaning and intent of any portion of the specifica- tions and of any plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contrac- tor under this contract and other Contractors performing work for the Owner shall be adjusted and determined by the Architect/Engineer. The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by the Owner on the basis of the lowest and best bid of at least three competitive bids. If the actual price for purchasing the "Allowed Materials" is more or less than the "Cash Allow- ance," the contract price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications cover- ing this work. 1 , t, I 36. Stated Allowances 10 HUD-4238S (9-70) ,'" , \ 37. Use of Premises and Removal of Debris The Contract expressly undertakes at his own expense: ) I , (a) to take every precaution against injuries to persons or damage to property; (b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; (e) before final payment to remOVE: all surplus n'laterial, false-work, temporary structures, including foundations thereof, plant of any description and debris of every nature re- sulting from his operations, and to put the site in a neat, orderly condition; (f) to effect all cutting, fitting or patching of his work required to make the same to con- form to the plans and specifications and, except with the consent of the Architect/ Engineer, not to cut or otherwise alter the work of any other Contractor. 38. Quantities of Estimate Wherever the estimated quantities of work to be done and materials to be furnished under this contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desi.rable by the Owner to complete the work contemplated by this contract, and such increase or diminution shall in no way vitiate this contract, nor shall any such increase or diminution give cause for claims or liability for damages. 39. Lands and Rights-of-Way Prior to the start of construction, the Owner shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this contract. 40. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness. 41. Conflicting Conditions Any provisions in any of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. 42. Notice and Service Thereof Any notice to any Contractor from the Owner relative to any part of this contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Contractor at his last given address, or delivered in person to the said Contractor or his authorized representative on the work. 11 HUD-4238S (9-70) ~ r 43. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or ccrrection. 44. Protection of Lives and Health In order to protect the lives and health of his employees under the contract, the Contractor shall comply with all pertinent provisions of the "Manual of Accident Prevention in Con- struction" issued by the Associated General Contractors of America, Inc., and shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of elnployment on work under the contract. He alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage which may result from their failure or their in,proper construction, maintenance, or operation. 45. Subcontracts The Contractor will insert in any subcontracts the sections 52 through 56 contained herein and such other clauses as the Department of Housing and Urban Development may, by instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 46. Equal Employment Opportunity During the performance of this contract the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during en,ployment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitlnent or recruitment advertising; layoff or tennination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimi- nation clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers I representative of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and appli- cants for employment. (4) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally-assisted construction I I I I I I I I 12 HUD-4238S (9-70) ... i ., contracts, in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of paragraphs (1) through (7) in every sub- contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sep- tember 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or pur- chase order as the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interests of ' the United States. 47. Interest of Member of or Delegate to Congress No member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 48. Other Prohibited Interests No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, rnake, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectlyinterestedpersonallyinthis contractor in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, super- visory or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract per- taining to the project. 49. Use and Occupancy Prior to Acceptance by Owner The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the Owner, provided the Owner: (a) Secures written consent of the Contractor except in the event, in the opinion of the Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of punch list items or other contract requirements. (b) Secures endorsement from the insurance-carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construc- tion, or, (c) When the project consists of more than one building, and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit to com- plete construction. Consent of the surety must also be obtained. 50. Photographs of the Project If required by the Owner, the Contractor shall furnish photographs of the project, in the quantities and as described in the Supplemental General Conditions. 51. Suspension of Work Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other reason beyond the control 13 HUD-4238S (9-70) ~ r of the Owner, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for cornpletion of the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing. 52. Mi.nimum Wages (a) The Contractor shall post at appropri8te conspicuous points at the site of the project a schedule showing all determined minimum wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to bc n'lade from unpaid wages actually earned by the laborers and mechanics so engaged. (b) All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amounts due at tin'1c of payment computed at wage rates not less than those contained in the wage determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual re1atio"ship which may be alleged to exist between the Contractor and such laborers and mechanics. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv). Also for the purpose of this clause, regular contributions made or costs incurred for luore than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (c) The Department of Housing and Urban Development shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage deterrnination, and a report of the action taken shall be sent by the Department of Housing and Urban Development to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recom- mendation of the Department of Housing and Urban Development shall be referred to the Secretary for final determination. (d) The Department of Housing and Urban Development shall require, whenever the minimum wage rate prescribed in the contract for a class of labo:rers or mechanics includes a fringe benefit which is not expressed as anhour1y wage rate and the Contractor is obli- gated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Department of Housing and Urban Development, shall be referred to the Secretary of Labor for dete rminati on. (e) The Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in section l(b)(2)(B) of the Davis-Bacon Act, or any bona fide fringe benefits not expressly listed in Section 1 (b)(2) of the Davis-Bacon Act or otherwise not listed in the wage determination decision of the Secretary of Labor which is included in this contract, only when the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. Whenever practicable, the Contractor should request the Secretary of Labor to make such findings before the making of the contract. In the case of unfunded plans and programs, the Secretary of Labor may require the Contrador to set aside in a separate account assets for the meeting of obligations under the pla:r or program. (f) The specified wage rates are minimum rates only, and the owner will not consider any claims for additional compensation made by the Contractor because of payment by the Contractor of any wage rate in excess of the applicable rate contained in this contract. All disputes in regard to the payment of wages in excess of those specified in this contract shall be adjusted by the Contractor. (g) If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a planar program of a type expres sly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided however, the Secretary of Lahor has found upon the written HUD-4238S (9-70) 14 l request of the Contractor that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the ITleeting of obligations under the plan or program. 53. Withholding of Payments The Department of Housing and Urban Development may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and Inechanics errlployed by the Contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic employed or working on the site of the work, all or part of the wages required by the contract, the Department of Housing and Urban Development may, after written notice to the Contractor or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 54. Payrolls and Basic Records (a) Payrolls and basic records relating thereto will be maintained during the course of the work and preRerved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in section l(b)(2) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(l)(iv) that the wages of any laborer or mechanic include the anlOunt of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide ,;uch benefits is enforceable, that the plan or program is financially respon- sible, ond that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (b) The Contractor will submit 'weekly a copy of all payrolls to the Owner, for transmission to the Department of Housing and Urban Development. The copy shall be accompanied by a statement signed by the ern.player or his agent indicating that the payrolls are correct and cOlnplete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or rnechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 CFR 5.5(a)( 1 )(iv) shall satisfy this requirement. The Prime Contractor shaH be responsible for the submission of copies of payrolls of all subcontractors. The Con- tractor shall make the records required under the labor standards clauses of the con- tract available for inspection by authorized representatives of the DepartlTlcnt of Housing and Urban Development and the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. 55. Apprentices Apprentices shall be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency \,-,hich is recognized by the Bureau of Apprenticeship and Training, United States Depart- Tt'lent of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, United States Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at ap apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The Contractor or subcontractor will be required to furnish to the Department of Housing and Urban Development written 15 HUD-4238S (9-70) l r evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates, for the area of construction, prior to using any apprentices on the contract work. 56. COlYll)liance \Vith Copeland Anti-Kickback Act and Regulations The Contractor shall comply '\vith the Copeland Anti-Kickback Act and Regulations of the Secretary of Labor (29 CFR, Part 3) which are herein incorporated by reference. 57. Overtime (a) No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweekunless such laborer or mechanic receives com- pensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar dar or in excess of forty hours in such workweek, as the case may be. (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1), the Contractor and any subcontractor re- sponsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be cOlnputed with respect to each indivi.duallauorer or mechanic employed in violation of the clause set forth in subparagraph (1), in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard wo:ckweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1). (c) Withholding, for unpaid wages and liquidated damages. The Department of Housing and Urban Development may withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may ad- ministratively be determined to be necessary to satisfy any liabilities of such Con- tractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2). (d) Subcontracts. Thc Contractor shall insert in any subcontracts and clauses set forth in subparagraphs (a), (b), and (c) of this paragraph and also a clause requiring the sub- contractors to include these clauses inanylowel'tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 58. Signs The General Contractor shall erect a sign at the project site identifying the project and indicating that the Government is p'articipating in the dev'elopment of the project. The project sign shall be substantially in accordance with instructions provided by the Regional Office of the Department of Housing and Urban Development, made from 3/4 inch plywood, placed in a prominent location, and maintained in good condition until completion of the project. 59. Employment Practices The Contractor (1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job oppnrtunities for the unemployed and underemployed, and (2) shall insert or cause to be inserted the same provision in each construction subcontract. 60. Contract Termination; Debarment A breach of Sections 45 and 52 through 56 may be grounds for termination of the contract, and for deharment as provided in 29 CF'R 5.6. 16 HUD-4238S (9-70) Subject Index of General Conditions Subject Section .Accident Preventi on.................... Additional Bond. ......... .......... ...... Additional Instructions ................ Allo-v..rallces It... ... It ..... .... It ....... ...... It Anti-Kickback A.ct ...................... Apprenti ce s............................... Architect1s Authority.................. Assignments ........ It It.. .....It.... It It'. .... Bond, Security........................... Bond, Security, additional............ Changes in 'york........................ Claims for Extra Cost................. Compl etion ti,n1e......................... COlnputation of Wages ................. Condition, Subsurface.................. Conflicting Conditions ................. Construction Schedule ................. Cont ract Documents.................... Contract Security....................... Contractor 1 sIns urance................ Contract Te rmination.................. Contractor's Mutual Responsibility Contractor IS Obligations .............. Contractor's Payrolls ................. Contractor's Title to 1\'1aterials..... Copeland Regulations .................. Correction of \Vork..................... Dan1ages, Liquidated................... Data, Reports and Records........... Debarn1ent It It It It It ~ It It It It It It.,. ..... ..... ... It .... Debris Removal......................... Definitions.............................. .. Detail Dra\vings ......................... Different Subsurface ................... Dis crimination, employment......... Drawings detaiL......................... Err1.ergellcies .. ....... It ....... It.... It ... It.. En1ployrllent Practices. . . .. . . . .. . Eq ual Employment Opportunity. . . . Es timated Quanti tie s................... Extras .... ......... ... ...... It., .......... It It, It Final Payn1ent........................... Guaranty, gene r al....................... Ins})ection ..... ... ....11.. It.... ..... It. ....... Inspection of Materials................ Insul-ance It It It It It It It It It It It It It It It It It It It It.. It It It It It It.. It It It It Lands and Rights-of- Way............. Legal Provisions, Implied............ Liquidated damages .................... Mate rials ..8....~.. ..... It, It It It It It It It It It It It.. It... Member of Congress................... Minimum \Vages......................... Non-discrimination ill Employment HUD-4238S (9-70) Section " 44 30 3 36 56 55 35 31 29 30 17 22 19 57 21 41 24 1 29 28 60 32 11 54 6 56 20 19 15 59 37 2 3 21 46 3 13 59 46 38 18 26 40 14 7 28 39 43 19 5 47 52 46 Notice and Service ...................... 42 Obligations of Contractor ............. 11 "Or Equal" Clause ...................... 8 Overtime Requirements ............... 57 Owner's right to tenninate ........... 23 Patents ..................................... 9 Payment of Ernployees................. 52 Payments by Contractor............... 27 Payments to Contractor ............... 25 Payrolls of Contractors and subs... 54 Periodic Estimates ..................... 24 Permits, Surveys, Regulations ...... 10 Photographs ............................... 50 Posting Miniumm. wage rates ........ 52 Prohibited Intf" rests .................... 48 Protection of lives and health........ 44 Protection of work, property......... 13 Provisions required by law........... 43 Quantities of Estimate.................. 38 Regulations, I\ickback .................. 56 Release of Contractor.................. 26 Rcrnoval of D{~bris ...................... 37 Reports, Records and Data ........... 15 Responsibility of contractor.......... 32 Right of Owner to terminate.......... 23 Rights -of- Way............................ 39 Schedule of Construction .............. 24 Security.................................... 29 Separate contr'ZJcts ...................... 33 Services, materials, facilities....... 5 Shop Drawings............................ 4 Signs ........................................ 58 Stated Allowances ....................... 36 Subcontracting....................... 34 and 45 Subcontractorts Insurance ............ 28 Subcontractor's Payrolls.............. 54 Substitute BOJ:d........................... 30 Subsurface conditions .................. 21 Superintendence by contractor....... 16 Surveys, permits ........................ 10 Suspension of work...................... 51 Termination of contract .......... 23 and 59 Testing of Materials.................... 7 Time for cornpletion.................... 19 Title to materials ....................... 6 Use and Occupancy...................... 49 Use of Premises......................... 37 \Yage Adjustments....................... 53 Wages, Minirr.um ........................ 52 Wage Underpayments................... 53 W eathe r Conditions ..................... 12 Withholding of Payments .............. 53 GPO 911_599 17 r U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUo-~238-tl (9-66) SUPPLEMENTAL GENERAL CONDITIONS 1. Enumeration of Plans, Specifications and Addenda 2. Stated Allowances 3. Special Hazards 4. Public Liability and Property Damage Insurance 5. Photographs of Project 6. Schedule of Minimum Hourly Wage Rates 7. Builder's Risk Insurance 1. ENUMERA TlON OF PLANS, SPEC/FlCA TlONS AND ADDENDA Following are the Plans, Specifications and Addenda which form a part of this contract, as set forth in Paragraph 1 of thc General Conditions, "Contract and Contract Documents": DRAWINGS General Construction: Rough Grading Nos. L-l of One Sheet ~--.;..=~~ "'~ " "leetricQI: "'....--- SP BCIFIC A TlONS: See Index of this specification .'~&l0;xAlti<t;''B'TI:ltQt~-''''"'''' Iea~ilating: fTage~l. " to incl. lum bing: " to , lectrical: incl. inc 1. ADDENDA: No. _ Date No._ Date -1.lnt~ No Date -~~. ~ 2. STATED ALLOWANCES NONE .,.~trrrr~aTrrgrar,31i'""36-eJ'M'l'i!r"'crm-r~litttti mfS'";' 1n ~~'O'm1Tcto r sh all 1T1t~1 ad How a in h is proposal: d) For (Page _ of Specifications) a) For b) For $ c) For $ e) (Page _ of Specifications) 3. SPECIAL HAZARDS The Contractor's and his Subcontractor's Public Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: (None anticipated. during this project) 4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY, AN D Pi.?OP ERTY DAMAGE INSURANCE As required under paragraph 28 of the ~neral Condjtions, the Contractor's Public Liability Insur- ance a'ld Vehicle Liability Insurance shall Le in an amount not less than $ 100,000 for in- juries, illcluding accidental death, to anyone person, and subject to the same limit for each person, in an amotmt not less than $ 300,_Q90 on account of one accident, and Contractor's Property Ddlllage Insurance in an amount not less than $~OO ,000 The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage of the type and in the sam e amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. ~. PHOTOGRAPHS OF PROJECT As provided in paragraph 50 of the' General Condi tions, the Contractor will furnish photographs in the number, type, and stage as enumerated below: None required for this project. 6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES AS RE- QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS See following pages l BUILDER'S RISK INSURANCE As provided in the General Conditions, paragrA.ph 28 (e), the Contractor wi ll/will not* maintain Buil'der's Risk Insurwlcc (fire and extended coverage) on a 100 percent completed value basis on the insurable portions of the proj eet for the benefi t of the Owner, the Contractor, and all sub- contractors, as their interests maJ' appear. *Str1ke out one. U. S. GOVERNMENT PRINTING OFFICE: 1967 0 - 272-676 I g r o I , I I I .... I- T. I~ "- ;:If ~ :- .. ...: -- C\, Vl ,~ r,: "J If l"J ~ .'lJ ",': f ~ ,..'( "L ,j ~ Ii 8 <1 I :J t.' I ~J I '" r'\ ..... '" I N ,~ r. ~~t!~ )'. o I; '" -< ...., v . 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I' " ., i.o ~ , " ., ~, DIVISION] GENERAL REQUIREi'lENT 1. LIMIT OF WORK Work limit is with the property line shown on the drawing with the exception along the South property line. At south line grade to e~isting fence line. 2. DRAWING Drawing furnished by I~oyston, lIanamoto, Beck & Abey, 50 Green Street, San Francisco, California. Sheet 1,-1 of 1, Rough Grading Plan, dated October 1, 1971. 3. PEW,IIT AND LICENSES Apply for and be issued all necessary permits licensed to perform work for this project. 4. COOPERATION WITH CITY FORCES The Contractor shall c.ooperate with all city forces which may do work within the construction area. 5. VANDALISM 1he Contractor shall be responsible for repairs or replacement of damaged work due to any vandalism prior to acceptance of work. 6. INTENT OF CONTRACT It is the intent of this contract to obtain a finished, workmanlike job, complete and in place. 7. ADVERTISING AND TRADE NAMES A. No advertising signs of any kind shall be displayed on the building, premises, fences, offices or elsewhere on the job without pel1uission or approval of the City of Gilroy. B. No exposed permanent trade names, trademarks or grade stamps or materials or equipment shall appear in finished work except as approved by the Engineer. Division 1 GENERAL REQUIRE!\!ENTS Page 2 8. INVESTIGATION Of CONUITIONS A. The Contractor shall visit the site, exaJ1une all documents and make known to himself the nature and character of the project site and its general and particular location, the physical and contractural conditions and requirements, and the limitations and various other aspects relative to this project. B. Owner or Architect will not consider any claims whatsoever on account of Contractor's failure to fully investigate or determine his requirements in advance of cOJ1unencing the work. 9. WATER Contractor shall make arrangements and pay all costs for all water required for construction purposes. Contractor shall furnish and install piping or hose to carry water to every point where needed on the project. Cost of water shall be at the regular local rates. Contact the City of Gilroy. 10. CONSTRUCTION EQUIPMENT A. Contractor shall erect, equip, and maintain all construction equip- ment in strict accordance l-li th all applicable statutes, laws, ordinances, rules and regulations of the City or other authority having jurisdiction. Provide as required for the use of all trades. Hoists, shoring, scaffolding and all other construction equipment and facilities shall be installed and erected in accordance with the latest Construction Safety Orders issued by the Division of Industrial Safety, State of California, and the Associated General Contractors ltHanual of Accident Prevention in Construction,1t latest edition. B. Shoring, staging, runways, and similar equipment required for con- struction of the work shall be provided and maintained by the Contractor. 11. FENCES AND BARRICADES Construct and maintain fences, planking, barricades, lights, shoring, and warning signs as required by local authorities and State safety ordinances and as required to protect the City's property from injury or loss and as necessary for the protection of the public, provide walks around any obstructions made in a public place for carrying on the work covered in this contract. Leave all protection in place and maintain until removal is authorized. Division 1 GENERAL REQUI RE~IENTS Page 3 11. FENCES AJ"JD BARRICADES (cont' d) All trees and shrubbery within the Contract Limits and all trees and shrubbery in areas adjacent to the Contract Limits, shall be protected from all injury. The Contractor shall take all necessary percautions to preserve the trees and slnubbery. Any damaged trees and/or shrubbery shall be replaced with similar trees or shrubbery. No stockpiling, temporary buildings, or any other temporary obstructions shall be located \vi thin the drip line of any existing tree or any shrubbery. All protection shall remain in place until its removal is authorized by the Landscape Architect. 12. STORAGE Nm SHOP A. Contractor shall provide all temporary storage and shop rooms that may be required at the site for safe and proper storage of tools, materials, etc. Construct such rooms only in locations approved by the Landscape Architect and so as not to interfere in any way with the proper installation and completion of other work. Remove such rooms within three (3) days of receipt of notices from the Landscape Architect that removal is necessary, and incur all ex- penses for such removal. B. During the progress of the work materials shall be neatly stacked at such points as the Landscape Architect may approve and shall be property cared for and protected from the \veather and theft. In the case there are several contractors operating at one time, arrangements must be made to allow the joint use of storage space so that the progress of ~le work will be expedited and other con- tractors not delayed or inconvenienc~d unnecessarily. C. Contractor shall store construction materials and equipment within boundaries of designated areas. Storage of gasoline or similar fuels shall conform to N.B.F.U. Regulation or local fire marshal regulations and shall be confined within definite boundaries apart from buildings as approved by authorities having jurisdiction. 13. TEMPORARY JOB OFFICES Contractor shall furnish, install and maintain a temporary office of suitable size for himself. Contractor's job office shall be kept in a neat and orderly manner so that Owner and Landscape Architect and their representatives can consult with the Contractor unemcwnbered by tool storage, boxes, trash, etc. Contractor at his option, may furnish a suitable house trailer for his temporary job office. Division 1 GENE RAL REQUI RE~lENTS Page 4 14. REMOVAL AT COMPLETION Upon completion of the work, or prior thereto when so directed by the Engineer, the Contractor shall remove all Temporary Facilities structures and installations from the Owner's property. Similarly, return all exterior areas utilized for Temporary Facilities to sub- stantially their original natural state, or, when called for on the drawings, complete areas as shown or noted. 15. DUST CONTROL The Contractor shall provide and apply dust control at all times in- cluding holidays and weekends, as required to abate dust nuisance on and about the site which is a result of construction activities. Dust control shall be by means of sprinklered water or other approved means, except no chemicals, oil or similar palliative shall be used. Quantities and equipment for dust control shall be sufficient to effectively prevent dust nuisance on and about the site; and \"hen weather conditions warrant, sprinkling equipment shall be on hand at all times for immediate avail- ability. The Engineer shall have the authority to order dust control work whenever it is required in his opinion, and there shall be no additional cost to the Owner. Division 2 CLEARING OF SITE AJ'lD FINAL CLEJ\N-UP 1. GENERAL CONDITIONS AND GENERAL REQUIREMENTS are part of this Division, applying as fully as if repeated here. 2. REMOVAL OF ,^U~ REPLACEMHH OF OBSTRUCTIONS A. Remove rocks, stones, debris, and other obstructions of whatsoever kind or character, whether natural or artificial, encountered in construction of the work. Remove no trees, plants, shrubbery or ornamental vegetation without consent of Landscape Architect. B. Existing Water Well: Upon encountering abandon well not shown on plan, 'contartthe city engineer for direction. All work for scaling the well shall be extra work on a time and material basis as directed and approved by the city engineer. C. Existing Septic Tank: Upon encountering abandon septic tank fill with sorl andobtain 90 percent compaction of maximum dry density achieved by A.A.S.1I.O. Test Tl80-57 D. Exist P.G.E Po\\'er Line: Co-ordinate with P.G.E and city engineer for the removal of all power lines and poles. E. Existing Concrete Foundation and Slabs: All concrete prior to emplacement in- disposal tren('~h shall be broken down to two-three feet square. Place concrete rubble slab in disposal trench at horizontal position to prevent void pocket of fill material. F. Refuse and Debris: Breakdown all refuse to sizes of two feet square prlor to placement in disposal trench to reduce future settle- ment of fill material. 3. DISPOSAL TRENCH A. Construct disposal trench under new mound area. Trench shall be large enough to accept all debris and concrete from clearing operation. B. Confine disposal trench to a maximum of 15 feet on their side of center line of the mound and top of trench not to exceed adjacent existing grade. C. Fill and compact trench to 85 percent compaction refer to fill place- ment under site earthwork and grading. 4. STRIPPING CUT EARTHWORK FOR TOPSOIL All areas requiring cut earthwork shall be stripped of the top twelve inches Division 2 CLEARING OF SITE AND FINAL CLEAN-UP Page 2 4. STRIPPING CUT EARTHWORK FOR TOPSOIL (cont'd) of the natural existing grade topsoil and relocated to the top eight inches of all mounds, and fill areas. 5. FINAL SITE CLEAN-UP Also prior to final inspection, thoroughly clean the entire site and put it into a neat, acceptable condition. Remove from the entire site, all construction waste and unused materials, dunnage, loose rock and stones, roots, weeds and all debris of any description resulting from the \<Iork. Hose down and scrub where necessary. Division 3 SITE EARTHWORK AJ".JD GRADING 1. GENERAL CONDITIONS AND GENERAL REQUIRBIENTS are part of this Division, applying as full as if repeated here. 2.' GENERAL All land fill and land stabilization, which is also referred to as grading, shall be done in accordance with the approved plans and these specifications. Determination of compliance of Hork with these specifications will be made by the City and Landscape Architect. Modifications of plans or specifications which may be required during grading vii 11 be as directed by the Lands cape Architect. 3. EXECUTION OF WORK A. Lines and levels: (1) Locate mounds and cut areas accurately; and layout lines, grades and elevations with stakes set as necessary during course of work. Have location and alignment approved by Landscape Architect before proceeding \~i th excavating, filling and grading. (2) Protect and maintain existing bench marks during entire course of the Contract. Re-establish monuments or stakes distrubed or destroyed under this section without additional expense to the City. 4. GROUND PREPARATION The ground surface beneath all fill areas shall be stripped of all vegetation, roots, debris, unsuitable soil and uncompacted fill. The exposed fill foundations shall be scarified, watered and compacted prior to placement of fill. 5. FILL MATERIAL Materials for the fills or mounds are to consist of on site soils. All fill materials are to be free of roots, debri? and excessive organic material. 6. FILL PLACEMENT A. Fill material shall be spread in uniform layers not exceeding 6 inches in thickness. ~';ater shall be added to the fill or the fill shall be allowed to dryas necessary to obtain fill moisture content at \'ihich specified c~npaction can be obtained. Division 3 SITE EARTHWORK AND GRADING Page 2 6. FILL PLACEMENT (cont'd) B. Compaction shall be by earth moving equipment or other acceptable rollers of such design that the fill can be compacted to the specified density of 85 percent of maximum dry density achieved by A.A.S.H.O. Test 1'180-57 7. MAINTAIN WATER CHANNEL DURING CONSTRUCTION Program work and make provisions necessary during entire course of con- struction to comply with City of Gilroys and the Santa Clara Flood Control District regulations or directions of Engineers or interest of safety or access relative to flow of storm drainage water along channel with the project limits. Make provisions for temporary unobstructive water channel. 8. MOUNDS A. Deep fi lIs shall acquire m1.n1.mum compaction of 85 percent of maximum dry density achieved by A.A.S.H.O. Test T180-57 B. Build up mounds in layers not exceeding 6 inches in thickness. Com- pact each layer by passing over with earth moving equipment. Build mounds to lines, grades and contours indicated. Bottom of slopes shall flare into surrounding surface. Final locations and forms of mounds shall be adjusted as directed by the Landscape Architect. Place eight inches topsoil to mounds. 9. FINISH ROUGH GRADE Vary not more than 0.25 foot above belm\] the grading indicated on the drawing. Surfaces that do not conform to this requirement shall be re- shaped to conform, all at the contractor's expense. .. BID OPENING NORTHSIDE PARK ROUGH GRADING October 18, 1971 1. E. A. Buttler Contractors, Inc. Sa 1 i nas, Ca 1 i forn i a 2. Robert F. Lawrence Co., Inc. Millbrae, California 3. Gold Coast Construction, Inc. Salinas, California .......------.-"<" 4. Maxdon Construction, Inc. Santa Clara, California 5. Bellicitti &Pellicciotti Construction Co. Santa Clara, California 6. George Renz Construction Co., Inc. Gilroy, California 7. Granite Construction Co. Watsonville, California 8. Eilert & Smith, Inc. San Jose, California c- (/ 1-" ./ $26,000 $28,000 $33,920 $34,900 $36,950 $46,900 $63,226 $68,989 ... .. NORTHS1DE PARK DEVELOPMENT PRIORITY SCHEDULE & COST ESTIMATE SEPTEMBER 26, 1971 PARK PLANN I NG COMM t TTEE . o 1. Rough Grad i ng 2. Fine Grading 3. Irrigation 4. Turf Areas 5. Trees 6. A.C. Paving @.45 Main 21,000 Wayland 11,000 Hanna 9,400 7. Redwood Headers 2,000 1.f. 8. Bollards 4 ea @100. 9. Bumper Stops 105 ea @ 12.00 10. Schoolage play area & equipment 11. Group Barbecue 12. Softball Backstop 13. Softball Lighting 14. Restrooms - Rec OFfice & Storage 15. Drinking fountains 5 ea @ 150. 16. Family picnic areas @1,000 17. Lake 142\~ ft. 18. \Jater play 7,200 sq. ft.' 19. Dam 20. Pump 21. Fountain 22. \later Jets 23. Rock Falls 24. Bridges - Foot 3 ea @ 2,500 25. Main Bridge 26. Preschool play area - south 27. Concrete Paving 28. Pathway 1 ights 15 ea 29. D.G. Paving NOTE: Item 29 to be cut depending on picnic areas, etc. 30. Softball bleachers 31. Restrooms - south 32. Additional lights 25 33. Sitting area 34. Additional Picnic 8@1,000 $ 49,500 20,000 43,200 14,400 11,250 18,630 2,000 400 1 ,260 4,500 5,000 2,500 20,000 20,000 1 ,250 6,000 21,300 7,200 3,000 3,000' 1,000 1 ,000 2,000 7,500 4,000 12,000 5,000 7,500 24,625. parking, 5,000 8,500 . 12,500 700 8,000 353,715. *Amounts to be deducted to reduce total estimate. FUTURE 35. Church Street A.C. 36. Bumper Stops 21 @ 12.00 ea ~37. Group Barbecue 38. Recreation Building 39. Tennis Courts . 40. Handball & Tennis Practice 3,150 252 15,000 55,000 21,000 7,500 $ 101,902 *2,000 * 120 *2,500 *6,000 -1:7,500 * 700 -1:4 000 , 22,820. AI.,-,.. ~.,., ~ L/J~ fJ~ ~~ ~ Ii) /97/ -~ /./ /(~J)~a,/~, - ~~au, d.!---.~ ~ ~/ ~I - ~ 3. v-/~ R-ny~. G/~ - ~ I v5~'~~~'~. a.- ~~ I ~~..,. ~~ I ~J~' ~~ {" ~ {J'~ ~ IJ~ J. ,/ l1lafdn.J ~, JLv. - ~~ r~ d, //, ~ ~ ~ - ) ~ o~ ~ f/ ,i1L/J.." /J ~/~' 1 ~ 0 eo -- C~ 33/720 - G\ 461900- @ ~ c rSO - (0 -68/ 1?9 - ~ 63, 2-ZC; - (j) 31-; 9co- /"\ lY Zbt oct? -- WORKING DRAWING ESTIMATE ROUGH GRADING NORTI-lSIDE PARK CITY OF GILROY ROYSTON, HANAMOTO, BECK & ABEY Landscape Architects SO Green Street San Francisco, California 94111 ITEM QUANTITY j~-cj September 20, 1971 UNIT COST TOTAL