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Bubb Rd Improvement - R.J.Zipse Paving Co - 1969
Bubb ]Rd. (.Zips Paving Oo. a= !�w a yn'' : > ��.IYYIiiYll p ti, M1 will be rmee lved at the offioe of thS CM CZMKp City g&11D City of Cupertino., California,, until r6'«' 2so o'clock I'.jt., onnine 16, 1969, at which time they will be publicly opened and read for performing work as follows# city of Cupertino, MM ROAD pI' tr On June 16, 1969, at 8,0® o'clock P.M., the City Council will review the bide submitted and will award the bid to the lowest responsible bidder. No bids will be considered unless it to cede on a proposal fora furnished by the City Engineer. Each bid must be accompanied by cash, certified or cashier's check, or bid bond, made payable to the City of Cupertino for an amount equal to at least ten (10) per cent of the amount bid, such guaranty to be forfeited should 14 the bidder to whom the contract is awarded fail to enter into the contract. In accordance with the provisions of Sections 1770 to 1780 of the Labor Code of the State of Caalifornia, the City Council has ascertained that the general fir valling rate of wages and employer payments for health and welfare., vacation* pensions, and similar purposes applicable to the locality In which, the work is to be dome is as follows: (Wages as of July 1, 1969) P CRAP Bony RAIS ` icy 5.95 Asphalt Plant Engineer 6• 46 Boom Truck or Dual Purpose A-Frame `ruck 6.11 Roller or Self-Propelled Compactor 6.11 Sal Rubber-Tired Tractors 6.11 Pavement Breaker 6.21 Euclid Loader and similar types 6.73 n, Tractors,, Dozers and Scrapers 6.46 Trenching Machine 6•46 Truck-type loader 6.21 Small tractor (with boom) 6.21 Power Shovels, Draglines, Cranes, Clamahells, f' Backhoes (up to and including 1 yard) 6.81 Tractor (with boom) D-6 or larger and similar 6.60 Power Slade Operator 6.81 LABORERS: y'M croup 1: �;aderbosrd, Cribbers, Leggers, Pipe Layers, Ceulkers, Banders, Jackhammer Operator, etc. 4.925 Group 2: Sloper, Mucker (underground) , Asphalt Shovelers, Concrete Labor, Vibrator, and ell air, gas, and electric tools 4.775 Group 3: General Labor, Flagman and Watchman, all cleanup 4.675 V AMST..RS: Dump Trucks: Under 4 yards (water level) 5.215 4 Yards & under 6 Yards (eater level) 5.31 Transit Mix: Under 6 Yards 5.365 6 Yards and under 8 Yards, 5.465 Pickup Trucks, 5.215 Dater Trucks: Under 2500 gal, 5.325 2500 - 4000 gal. 5.425 4000 gal. and tinder 5000 gal. 5.525 Flat Raokaj Single Unit - 2 axle 5• 1 - 3axle 5% Fork Lift Trucks 5.345 Heater Planer 5.95 Asphalt Burner 5.95 G'. `S k contract Docume�te (plans, speeificationeA eta.) may be revi copies of same may be obtain at trA office of the City Mglneer, City Hall, Cupertino, California, upon payment therefore of $10.00 per set, none of which payment will be r-efe Med. The City of Cupertino reserves the right to reject any or all bids, and further reserves the right to delete any item or items from the proposal, or to Increase or decrease the quantity of any Item thereof. CITY OF CUPERTIN3O City Date: dune 2, 1969 ;r 1111'1M1 wpm s r fire s fi r l e ftyp w i ngton's Birthday, Maorida fty, n to -ysbaftr ft8's MmIssion Day, Thoftn1ving Say, MW Christmas Day. t Saturdays and Oundayst where a craft works a live-may week, and/or •hums schedule of crafts provide, overtime shall be paid at the rate of doubletime, except where otherwise provided, all in r accordance with the rates fixed by Schedule ,approved by Santa Clare County Bo&M of Supervisors, which rate and ecale of wages became effective June 1, 1965, to which reference is made for rate of z payment not herein specified and for rates for overtime and legal holidays in the locality in which this work is to be performed for each craft or type of workman or mechEinic needed to execute the contract. It shall be mAndator;, upon the contractor to whom the contract, is awarded, and upon all sabco.tractors under hint, to pay not less than said general prevailing rates of per diem wages, as above listed, to all laborers, workmen, and mechanics employed in the execution of the contract. All bids shall be compared on the basis of the estimate of quantities prepared by the Engineer of Work. No 1.aco►nplete nor interlineated proposal or bid will be accepted. Bidders are required to bid on all items of the proposal. No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9 of Division 3 of the Business and Professions Code of the State of California. Special attention of bidders is directed to the "Instructions for Bidders" for full directions as to bidding. R�cI lf3URSEPRE�IT AGREEAENT Y' This AGREEMENT, made and entered into this '"��' day of April 1969, by and between Alpha land Co. hereinafter referred to as "DEVELOPER", and the CITY OF CUPERTINO, a municipal corporation of "he State of California, hereinafter referred to as "CITY" . WITNESSETH WHEREAS, DEVELOPER is devc - oping property in said CITY., known as Valley Green Drive for which "Off-Tract" storm drainage must be provided; and WHEREAS, DFTELOPER is willing to enter into a contract for construction of said "Off-Site" storm drainage along Stelling Road in accordance with City' s Master Storm Drain Plans. IT IS HEREBY MUTUALLY AGREED by and between the partios beret:, as follows, to wit : ( 1) DEVELOPER shall contract to construct "Off-Site" Storm DrainELge along the lands of Alpha Land Co. to the existing storm drainage facilities in Valley Green Drl.ve (2) Construction of said "Off-Site" storm drainage shall be under the inspection of the City Engineer of CITY. (3) CITY shall take full and complete legal tittle to said storm drainage facilities upon completion and acceptance of the wore. (4 ) Cost of said storm drainage, using CITY estimating unit costs, is SIX THOUSAND TWO HUNDRED AND THREE DOLLARS-----($6, 203.00 -------- and DEVELOPER' S storm drainage fee in accordance with Ordinance 47 (Revised 12/4/6i) is SIX THOUSAND FOUR HUNDRED AND SEVENTY FIVE DOLLARS ($6,475.00) t �. I AL (5) Therefore, the total amount reimbursable to DEVELOPER by CITY is obtained as "".70 HUNDRED AND SEV..N'I'Y TWO DOLLARS-------- ($272,00) (6) Reimbursement of the above named reimbursable amount shall be in accordance with CITY'S "Storm Drainage Fee Policy" adopted by CITY by RESOLUTION NO. 633 on July 16, 1962, which policy is rnacie a par`.; hereof by reference and states that DEVELOPER will be reim- bursed by later drainage foes Paid to CITY by developers in the same zone of benefit as shown on CITY' S "Master Storm Drain Plan" dated November, :,,96-,. (7) Payments to DEVELOPER shall be due and payable when CITY enters into Improvement Agreements with future developers whose storm drainage fee is in excess of any requirements of the "Master Storm Drain Plan", payment to be made within 35 days from date re- ceived by .CITY and approval of new development. (8) Reimbursements, if ary, shall continue until the total amount reimbursable to DEVELOPER has beer paid or for a period of ten ( 10) years from the date of this Agreement, whichever is the shorter period of time, at w'-;ich time the reimbursement provisions herein shall terminate and no further sums shall be due or payable . IN WITNESS WHEREOF, said CITY has caused the name to be here- unto affixed by its Mayor and City Clerk, shereuntc; duly authorized by Resolution of the City Council, and said DEVELOPER has hereunto caused his name to be affixed, the day and year first above written. 2 _ CITY OF CUPERTINO k- By- 4� r� Mayor and City Clerk DEVELOPER: Alpha. Land Co. c� By / Ti e By Title APPROVED AS TO FORM City Attorney - 3 - VAWL • RESOLUTION NO. 1777 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A REDIDURSEHENT AGREEMENT BY THE MAYOR AND THE CITY CLERK WHEREAS, there has been presented to the City Council a reimburse- ment agreement by and between ALPHA LAND COMPANY and the CITY OF CTJPERTINO for the reimbursement of certain funds to ALPHA LAND COMPANY for construc- tion of certain storm drainage facilities in accordance with the City of Cupertino Master Storm Drain Plan; and, said agreement having been approved by the City Engineer and by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED this 7th day of Apr i 1 1969, by the following vote: AYES: Councilmen - Beaven, Dempster, Fitzgerald, Stokes , Noel NOES: Councilmen - None ABSENT: Councilmen - None ATTEST: APPROVED: /s/ Wm. E. Ryder /s Clyde L. Noel _ City Clerk Mayor, City of Cupertino _ t,K Ask CONTRACT THIS CONTRACT made on Ju1Y 31, 1969: 4 by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the Owner, and R. J. ZIPSE PAVING CO., INC. hereinafter called the Cont-actor, WITNESSETH: That the parties hereto have mutually coven.antEd and agreed, and by these presents do covenant and agree with each other, as follows : 1. The Contract Documents. The complete Contract consists of the following documents, to wit: Proposal Notice to Bidders Plans & Specifications for Bubb Road Improvement Faithful Performance Bond Labor and Materials Bond Insurance requirements, Bidder's Bond, & this Contract Any and all obligations of the Owner and the Contractor are fully set forte. and described therein. A71 of the above documents are intended to cooperate so tha- any work called for in one and not mentioned in the other or vice versa is to be executed the same as if mentioned in all said documents. The documents corn prising the c.3,mplete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and Specificatio n on the one hand, and this Contract on the other, the Plans and Specification_ shall prevail. 2. The Work. Sai(' Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to per- form and complete in a good and workmanlike manner, the work of BUBB ROAD IMPROVEMENT as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the following named person: Director of Public Works and adopted by the Owner, which said Plans and Specifications are entitled, respectively, BUBB ROAD IMPROVEMENT and which Plaris and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and said work performed and complete ! as required in said Plans and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the Owner, or its representatives. The Owner hereby designates as its representative for the purpose of this Contract the following named person., Director of Public Works 3. Contract Price Owner agrees to pay and the Contractor agrees to accept, ir, full payment- for the work above agreed to be done, the sum of SIXTY-TWO THOUSAND SL( RUNDRED -FOUR DOLLARS AND SIXTY CENTS ($62,624.60) subject to additions and deductions as provided in the Contract Documents. 4. DisRutes Pertaining to Payment for Work. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which said Contractor may be required to do, or respecting the size of any payment to said Contractor during the performance of this con- tract, said dispute shall be decided by Owner's representative, and the decision of the latter shall be final and conclusive. 5. Permits ; Compliance with Law. The Contractor shall, at his ex- pense, obtain_ all necessary permits and licenses, easements, etc . , for the construction of the project, give all necessary notices, pay all fees re- quired by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. Inspection by Owner. The Contractor shall at all times maintain proper facilities and provide safe access for inspectlon by the Owner to all parrs of the work, and to the shops wherein the 11srf� Is in preparation. Where the Specifications require work to be speclaily tested or approved, it shall not be tested or covered up without timely notice to the Owner of its readiness for inspection and without the appr�•.�l thereof or consent thereto by tLe latter. Should any sucn work be ^c-rered up without such notice, approval, or consent, it must, if required by Owner, be uncovered for examination at the Contractor' s expense. 7. Extra or Additional Work and Charges . Src:__d said Owner at any time during the progress of said work request any alterations, deviations, additions or omissions from said Specifications or clans or other Contract Docl_�ments it shall be at liberty to do so, and 1--he same shall in no way affect or make void the contract, but will be added to or deducted from the amo ant of said contract price, as the case may be, by a fair and reasonable valuation, agreed to in writing between the parties hereto. No extra work shall be performed or change be made unless in pursuance of a written order from the Owner, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized and no claim for an addition to the contract sum shall be valid unless so ordered. 8. Time for Completion. All work under this contract shall be completed within ninety (90) consecutive working days. -2- L If said Contractor shall be delayed in said work by the acts or neglect <bf said Owner, or its employees or those under it by contract or otherwise, °r by changes ordered in the work, or by strikes, lockouts by others, fire, - usual delay in transportation, unavoidable casualties or any causes be- the Contractor's control, or by delay authorized by the Owner, or by gay cause which the Owner shall decide- to justify the delay, then the time completion shall be extended for such reasonable time as the Owner may "decide. This article does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 9. Employment of Aliens. Pursuant to the provisions of Part 7, Division 2. of the Labor Code of California, it is hereby agreed that: No contractor or subcontractor or agent or representative thereof w. shall knowingly employ or cause or allow to be employed on public work any alien--meaning thereby any person not a horn or fully naturalized citizen of the United States--- except in cases of extraordinary emergency caused by fire, flood, or danger to life or property, except on work upon public military or naval defenses or works in time of war, except thn.c aliens ad- mitted to the United States under the provisions of the Refugee Relief Act Of 1953 may be employed on public work. Within 'shirty days aft any alien is permitted to work upon public work due to an extraordinary emergency, the Contractor shall file with the Owner a verified report setting forth the nature of the extraordinary emergency, the name of the alien, and each date he was permitted to work. Failure to file the report within the thirty-day period shall be prima facie evidence that no extraordinar emergency existed. Every contractor and subcontractor shall keep an accu- rate record showing the name and citizenship of each laborer, workman, and mechanic employed by him, in connection wit!, public work. The record shall be kept open at all reasonable hours to tte inspection of the Owner and to the !; -vision of Labor Law Enforcement. For each violation of the above stipulation, said Contractor shall- forfeit to the Owner as a penalty the sum of ten dollars ($10.00) for ea:;h alien knowingly employed in the execution_ of this agreement, by him or by any subcontractor under him, for each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of this stipulation and the provisions of said Sections 1850 to 1854, inclu- sive, of the Labor Code . 10. Inspection and 'Testing of Materials. The Co .tractor shall notify the Owner a sufficient time in advance of the manufacture or pro- ductio°n °.f materials, to be supplied by him under this contract, in order that :e Ol"er may arrange for mill or factory inspection and testing of same, if Owner requests Contractor for such notice. 1l. Ter -,!nation of Breach, etc . If the Contractor should be adjudged a bankrupt or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, , or if he or any of his subcontractors should violate any of the provisions of the Contract, the Owner may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the rea- sons for such intention to terminate the Contract, and, unless within ten. days after serving of such notice, such violation shall cease and satisfac- tory arrangements for correction thereof be made, the Contract shall, upon -3- expiration of said ten .says, cease and terminate. In the event of Any such termination, the Owner shall immediately serve written notice � reof upon the surety and the Contractor, and the surety shall have the t to take over and perform the Contract; provided, however that, if surety within fifteen days after the serving upon it of notice of ter- `" nation does not give the Owner written notice of its intention to take r and perform the Contract or does not commence performance thereof t32isi thirty days from the date of the serving of such notice, the Owner take over the wont and prosecute the same to completion by contract or by any other method it may deer: advisable, for- the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may without liability for so doing take possession { of and utilize in completing the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 12. Owner's Right to Withhold Certain Amounts and Make Application Thereof. In addition to the amount which the Owner may retain under Paragraph 23 of this Contract until the final completion and acceptance of all work covered by the Contract, the Owner may withhold from payment to the Contractor such an amount or, amounts as in its ,judgment may be necessary to pay �:ust claims against the Contractor or any subcontractors f^- labor and services rendered and materials furnished its and about the The Owner may apply such v,ithheld amount or amounts to the payment of such claims in its disc-retion. in so doing she Owner shall be deemed the agent of the Contractor and any payment so made by the Owner shall be corside.red as a payment Trade under the Contract by the Owner to the Con- tractor and the Owner shall not be liable to the Contractor for any such payment, made In good fait-h. Sucn payment may be made without prior Judi- cial determina`,_..,._ of tre claim or claims. 13. N-_ _ce and Se»vice Thereof. Any notice from c:,e party to the ct::er under -re Ccr_tract shall be in writing and shall be dated and signed by the party -ng such notice or by a duly authorized representative of such party. Any such notice. shall not be effective for any purpose what- soever unless served in the follo7-:i rig manner, namely, (a) if the noti::e is given to the Owner, by persoia1 delivery thereof to the City Manager of said Owner, or by depositing the same in the United States mails, en- closed in a sealed envelope, addressed to the Owner, postage prepaid and registered; (b) if the notice is given to the Contractor, by personal de- livery thereof to said Cont^actor or to his duly authorized representative av the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at 75 Cristich Lane, Campbell, California 95008 postage prepaid and registered; and (c) if the notice is given to the 13 surety or any other person, by pesonal delivery to such surety or other person, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to .such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and registered. 14. Assignment of Contract . Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder may be assigned by the Contractor without the prior written approval of the Owner. -4- 15. Compliance with S12acifications of Materials. Whenever in the Specifications, any material or process is indicatedor specified by pa- tent or proprietary name, or by name of manufacturer, such Specifications crust be met by Contractor, unless Owner agrees in writing to some other other material, process or article offered by Contractor which is egljl in all respects to the one specified. 16. Contract Security. The Contractor shall furnish a surety bond in an amount at least equal to 100 per cent of the contract price as � security for the faithful performance of this Contract. The Contractor shad also furnish a separate surety bond in an amount at least equal to 100 per cent of the contract price as security for the payment of all per 13 - sons for furnishing materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contrac- ted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor ir. connection with this Contract, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond. i 17. Insuran^e . The Contractor shall not commence work under this Contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcon ractor to commence work on his subcontract until all simi- lar insurance rec-1ired cf the subcontractor has been so obtained and ap- proved. Contrac-or shall furnish the Owner with satisfactory proof of the carrriage of ins,-rarce required, and there shall be a specific contractual liability endorsement extending the Contractor' s coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly paragraph 18 nereof. Any policy of insurance required of the '.;ontractor :.der this Contract shall also contain an endorsement pro- vid._ng that thdrt (30) days ' notice must be given in writing to the Owner of any pec.ding c�-.arge in the limits of liability or of any cancellation or modification of :e policy. (a) Compensation. Insurance and Employer 's Liability Insurance . The Conractor shall take ou-, and maintain during the life of this Contract Workmen' s Compef.sation Insurance and Employer's Liability Insurance for all of his emplc;Yee� Employed at she site of tne project and, in case any work is s.::biet, :n.e sna' _:1 require the subcontractor similarly to provide Workmen' s Compensation Insurance and Employer's Liability In- surance fcr all cf I-ne :iat.er' s employees unless such employees ;.re covered by the protection afforded by the Contractor. In sign�_ng --nis Contract the Contractor makes the following certifi- cation, regquired by Section 1861 of the Labor Code : "I am awarl- of the provisions of Section 3700 of the Labor Code which require every- employer to be insured against liability for workmen's com- pensation or to undertake self-insurance in accordance with the provisions of the code, and I wil:i comply with Vuch. provisions before commencing the performance of the work of `his contract. " (b) Liability Insurance . The Contractor shall take out and maintain during the life of this contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor per- forming work covered by this contract from claims for damages for bodily injury, including accidental death, as well as from claims for property -5- : u damage, in*cl-ading third-party property damage, to in+alude coverage on aproperty in the care, custody and control of the Contractor, and also `l:i cluding� what are commo.0 y known as the "X, C. and U" exclusions (having A to do with blasting, collapse, and underground property damage), which may � arise from Contractor' s operations under this contract, whether such oper- ations be by himself or by any subcontractor or by anyone directly or in- directly employed by either of them and the amounts of such insurance shall be as follows: _; Bodily injury Liability Insurance in an amount not less than - $2r,'0,000.00 for injuries, incluaing accidental death, to any 'r one person, and, subject to the same limit for each person, in an amount not less than $590,000.00 on account of one accident, and Iroperty D_a•mage Liability Insurance in an amount not less than $100,000.00 Owner iQ not to be named as an 'Ensured on � any contracts of insurance under this paragraph (b) . (c) Fire Insurance. The Contractor shall ta';ce out and maintain for the benefit of both parties to this Contract insurance cover- ing loss by fire, extended covereage endorsement perils (windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircraft, vehi- cles, smoke) , and vandalise and malicious mischief upon the entire struc- ture on which the work of tnis Cor.`ract is to be done to one hundred per cent (100q ) of the ;.nsurable value -.hereof. Proper evidence such in- surance s:zall be f.zr,..Esh..d to the Owner If the Owner provides the fire J nsc. rance hereunder, and the Contractor i desires broader: protection than the perils of loss by fire, extended cov- erage en- orsement perils, and vandalism and malicious mischief', the Owner will attempt to obtain such broader, protection and the Contractor agrees -c pay any additional cost for sack broader protection. 1- . Hold Harmless. The Contractor will save, keep, and bear harm- less the Owner and al-I, offi,�ers, employees, and agents thereof from all damages, costs, cr expenses, in law or in equity, that may at any time arise or be set up because of personal injury or damage to property sus- tained by any person or persons by reason of, or in the course of the per- formance- of said work, or by reason of any infringement or alleged in- fringement of the paten!; rights of any person or persons, firm or corpora- te ior_ in consequence of the .use in, on, or about said work, of any article or, material su-pplied or ins'- lled under this Contract. Notwithstanding the above the Contractor shall wherever it is r:ocessary keep and maintain at his sole cost and expense during the course of his operations under t -iis Cct...Tact such warnings, signs, and barriers as may be required to pro- tec,. 't,r.e public . The provisiotzs of the preceding sentence shall not impose any liability upon tr-.,e Owner and _are for the express benefit of the general p lic . 19 . Hours of LNork. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the rnaximum hours of service upon all work done hereunder, and it is expressly � :ipulated that no laborer, workman, or mechanic employed at any time by t,;;-. Contractor- or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, �t Supply in or ex, as the case may be, in the blank. -6- «m��M be required or permitted to work thereon more than eight hours " any one calendar day and forty hours during any one calendar week, opt, as provided by Section 1815 of ' he Labor Code of the State of Cali- ia, work performed by employees of contractors in excess of eight hours :4 day and forty hours during any one week shall be permitted upon public k upon compen3ation for all hours worked in excess of eight hours per at not 'Less than one and one-half times the basic rate of pay. It is „+ her expressly stipulated that for each and every violation of Sections ' 1-1815, inclusive, of the Labor Code of the State of California, all provisions whereof are deemed to be incorporated herein, said Contrac- ., par shall forfeit, as a penalty to Owner, twenty-five dollars ($25.00) for ,...each laborer, workman, or mechanic employed in the execution of this Con- tract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, workman, or mechanic is required ry or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar day and each calendar week by all laborers, workmen, and mechanics employed by him in connection with the work contemplated by this Contract, ;which record shall be open at all reasonable hours to the inspection of the Owner or its of- ficers or agents and to the Division of Labor Law Enforcement of the Depart- ment of Industrial Relations . 20. Wage Rates . Pursuant to the Labor Coae of the Sta-,e of Cali- fornia, or local law thereto applicable, Owner has ascertained the general � prevailing rate of per diem wages and rates for holidays and overtime work in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof. Neither the notice inviting bids nor this Contract snall constitute a representation of fact as to the pre- vailing wage rates upon which the Contractor or any subcontractor, under hint may base any claim against the Owner. It shall ce mandatory upon the Contractor and upon any subcontractor under him, to pay no*, less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. It is ..Lurther expressly stipulated that the Contractor shall, as a penalty to Owner, forfeit twenty--five dollars (425.00) for each calendar day, or por- tion thereof, fcr ea_,-h Laborer, workman, or mechanic paid less than the stipulated prevailing r=?zes for any work done under this Contract by him or by any sub—cc�.tractor under him; and Contractor agrees to comply w`.t h all provisions of Section: 1775 of the Labor Code . In case It becomes necessary for the Contractor or any subcontractor to employ,on the prc-ect under this Contract any person ir. a trade or oc- cupaticn t xcep-�, executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specifiea, the Contractor shall immediately notify the Owner who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. -7- r, AMk 21. Preference for Materials. (a) American-made Materials. except � radtted by law or treaty, only such unmanufactured articles, materials, applies as have been mined or produced in the United States of America, Only such manufactured articles, materials, and supplies as have been ac:tured in the United States of America substantially all from articles, ,.x. rials, or supplies, mined, produced, or manufactured, as the case may be, t United States of America, shall be employed under this Contract in construction of the project. b California-made Materials. In the) performance of the work covered this Contract, where price, fitness and quality are equal the Contractor ees, and shall require all subcontractors to agree, to give preference to pliers grown, (as that term is defined in Section 4330 of the Government e) , manufactured or produced in the State of California and agree to give xt preference to supplies partially manufactured, grown, or produced in State of California. 22. Accident Prevention. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be ob- served. Machinery, equipment, and other hazards shall be guarded or elimi- nated in .accordance with the safety provisions of the Constriction Safety Orders issued by the Industrial Accident Commission of the Si;ate of Califor- nia. 23. Payment. Not later than the lst day of each calendar month, the ❑ s Owner will mace partial payment to the Contractor on the basis of a duly certified approval estima . e of the work performed and materials incorporated in the .project, during the preceding calendar month, by the Contractor, but the Owner will retain Ten per cent ( 10 ,%) of the amount of each of ❑ a` said estimates until the expiration of thirty-five (35) days from the date of recording by Owner of' notice of acceptance of completion of all work cov- ered by this Contract, if such notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body; or, if such notice be not so recorded within ten days, until the expiration of ninety-five (95) days after the acceptance of completion of such work of.' improvement as evidenced by resolution of its governing body, at which time and not before, Owner shall pay to Contractor, the whole of the remaining Ten per cent ( 10 ,%) of said contract price so held back as provided; said certificates to be furnished by and obtained from Owner's 13 representative stating that the payment cr installment is due upon the basis of work completed �ng the amount then due and said Owner' s representative shall, before the Mond of each month, deliver said certificates under his ❑ hand to the Owner, or 1yh lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a ,just and true reason for not issu- ing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate or certificates. In event of the failure cf the said Owner's representative to furnish and de- liver said certificates or any of them, or in lieu thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, Contractor may file demand with Owner, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the said Owner's representat-'.ve delivers the writing, aforesaid, in lieu of the certificates, then a compliance by the Contractor with the re- quirements of said writing shall entitle Contractor to the certificates. -8- The payment of progress payments by the Owner shall not be construed an absolute acceptance of the work done up to the time of such payments, t the entire work is to be subjected to the inspection and approval of Owner, and subject to whatever inspection and approval may be required y law. 24. Contractor's Guarantee. The Owner shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. " Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor or supplier in the project which is the subject of this ° Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event Contractor unqualifiedly guarantees such les- ser quality; and that the work as performed by Contractor will conform wi'h the Plans and Specifications or any written authorized deviations therefrom„ In case of any defect in work, materials, apparatus or equipment, whetlae r latent or patent, revealed to the Owner wi,,hin two years of the date of ac- ceptance of completion of this Contract by the Owner, the Contractor will forthwith remedy such defect or defects without cost to the Owner. 2 . Liquidated Damages. Time shall. be of the essence of this Contract. If the Contractor fails to complete, within the time fixed for such comple- tion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the Owner for liquidated damages in the sum of FIFTY ($50.00) dollars, for each and every day during which said work shall remain uncom- pleted beyond such time for completion or lawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by Owner since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by Owner from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and said Contractor hereunder, or his assigns and suc- cessors at the time of completion, a,_d his sureties shall be liable to the Owner for any excess . 26D. Additional Provisions : -9- k IN WITNESS WHEREOF, identical eountezparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties hereinabowe named, on the day and year first herein written. CITY OF CUPERTINO a Municipal Corporation Herein call Owner lam., By _ Dir to�r of Pub,ec Works R. J. ZIPSE PAVING CO. , INC. Herei cal-Led ContrLw for By � VA� ,7.a.,� -10- , CMRCA IN OF WORWOM COMP'ENSAT101 4SUMNCE C"tificate (folder and Addrm Date 1 City of Cupertino July 3, 1969 A 0300 Torre Avenue Cupertino, California THIS IS TO CERTIFY that the Employer named herein is at this dote insured with CALIFORNIA COMPENSATION & FIRE COMPANY under the policy enumerated below,.subject to all the terms of such policy, for the Employers abliviion for Compensation as imposed upon the said Employer by the provisions of the Compensation Low of the State of Colifornio. EMPLOYER and ADDRESS R. J. Zipse Paving Company Incorporated 75 Cristich Lane Campbell, California 9500$ GOOKS(v, GATIf ASBY P.O. Box 0300 Descnptr" of Opeaatior"s- Bubb Road improvement Son Jose, California 95150 Phone 292-7241 Policy Number WCP101109 Dote of Expiration April 1, 1970 Countersigned by CALIFORNIA COMPENSATION & FIRE COMPANY Pr•sidauN d�� zr-om- sago yn4 ,, -m' i h Firt YOU,ARE tit . ,, ffi'�6t •tft fir+�i@i�E' fee < 6ans M g terAler,if any A. J. RAISCH P Iffix COO 7Omm of p0t6ar+ Arrtn f fir, taepv;fts, 4, 99 Ptai.i=aw Va fIM rnew or Materialt P. lea flax 643 tac&tw Of parson or firm fffnishini; 101201,Sovitek eWAP San Jose, p l i force i s 2510C �— nuim or enaterw W, fumist3ed or Wil fungsh fir, serritex eq*ps.vd or r satetiat, Y. the foltwMi.v general description: FOLD 1`19 dr ��� Furnish 6 place asphalt concrete 1 (general description of the labor, wrvica9, equijwram or ensteriai furn4hod or to be furnished) for the building, structure or other work. of irVrowevent located at: Sub Road, McC 1 e I l an Road to (address or description of job site OWNER or PUBLIC AGENCY Regnart Road, Cupertino or Reputed Owner ton public work) sufficient for identification) ® (on prive►e work) r The name of tie person or firm who contracted for the Arr. chase of such labor, services, equipment or mate:* is: 17;- u R. J. Zipse Paving Co. ' — ti` 75 Cristich Lane Campbell , California (address of abowe person or firm) An estimate of the total price of the labor, services, e�w aoL.o"ERE — ment or materials furnish or to be furnished is: $ 18, 113.83 (this must be furni"d to construction larder—optionmt as to owner itr contractor) If bills are not paid in full for for, services, equipmW or materials furnished or to be furnislied, the impnoed property may be subject to mechanic's liens. ORIGINAL CONTRACTOR or Reputed Contractor, if any Dated. Auly 7. I r II,RTHUP. Cm KENNEDY, Secreta TAiis 6aw at rosognized by the following OiFilr'MIS MAMIAA MISS CRON ASSOCORIM 6CASIFOLVA mlfMt4it4 MARVAL OEMM LUMUM CAt118ACiIM AMICUMM 11411111110 EASSOCIATM of S AW Contract lwd--Labor and Slaterial Public Work —t'alifornia U ND"I NJ I`I'Y ComrANY r: KOME OFFICE: SAW FRANC_?SCO Bond No.''S E44-2032 Pmmiam twft&,A in Performanoo km ad KNOW AL•,,MEN BY THESE E111n: That We, R. J. ZIPSE FAVDNG COMPANY, LNC. as Principal, and the INDUSTRIAL INDh:K ITY COMPANY, a corporation organized and existing under the lawn of the State of California and authorized to transact sure; business in the State of California, ,as Surety, are held and firmly bound unto the State of (-alifornia for the use and benefit of the State Tr usurer as ex-officio treasurer and custodian of the Unemployment Fund anti any and all rrlaterialmen, per;ins, com- panies or corporations furnishing materials, provisions, provender or other supplies used in, upo% for or ai)out the performar:ce of the wnrk contracted to be executed or r erforimed under the contract ;her�inafte.r mentioned, and all persons,companies or corporations renting or hiring teams,or implements,or rnu:pinery, for or contributing to said work to be done,and all persons performing work or labor upon the same nd all persons supplying moth werk- and materials as aforesaid, in the sum of :;,jy y-tuna 11-ioii8�'-no S9.x Y HundrFa Tt«nty-fnu- ar:,d 5Oj1,00 - - - - - - - - - Dollars, ($ �Z,E�2�=•ID O ), lawful money of the United State, of America, for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signe%,sealed with our seals and dated this 3_^ day of ",I I j , 1S The Condition of the foregoing obligation is such that,whereas the above-bounden Principal has entered into a contract,dated a y� = , 19 '.=+ with to do and perform the following work,to-wit: Bubb Rr)a^ v, T-n Now, Therefore, if the above-hounden Principal, or sub-contractor, fails to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the pdr- formance of the work contracted to be done under said contract, or for any work or labor done thereon of any kind,or for amounts due under tk,e Unemployment.Insurance Act with respect to such work or labor,the Surety on this bond will pay the same, in an amount not exceeding the sum-specified in this bond. and, also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court and to be taxed as costs and to be included in the Judgment therein. rendered; Provided that this bond is filed by the Princi- pal to cornp!y with the provisions of sections 4200 to 4208, inclusive, of the Government Code of the State of California and liability hereunder is subject to the provisions of said section and acts amendatory thereof, s and sections of other codes of the State of California referred to therein and acts amendatory thereof. . Zi1,_3-...-Fa yin.. - C nmuan K r in� .__.. J ... .../.'.........w-....- -R....... ............ Prin al -ell INDUSTRIAL INDEMNITY COMPANY By. r- Bert C. Ya r'v or �h Attorney e FORM 1Y010 P, Clmtrd Bond—F6tbted PubHe Wore—CaUfomda C NDUSTRIAL INDEMNITY COMP/�NY HOME OFFICE; SAW FRANCISCO Bond No. YS 64 4-2 032 Premium t 376.00 CONTRACT BOND t KNOW ALL lF[.1rN BY THESE PRESENTS: 17hat F ,3. G I P� Pk 17�=0 v wth}'-Al Y, L11 C . a.-, Principal, and INDUSTRIAL IPIDENINITY COMPANY, incorporated under the Laws of the State of California and auth+prized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto in thesumof .;j.Yty- l,,,-, Zi' 1u,.3r-, anJ 6C - _ _ - - - _ _ Dollars for the payment whereof, well and trui3, to be made, said Principal and S::rety bind themsei v es, their heirs, administrators, successors and a5�igns, ;nintly and severally, firmiy by these presents. The Condition of the foregoing obligation is such that, Whereas the above bounden Principal has entered into a contract, dated •T'-'1 - 19 -9, with the 7. "y to do and perform the following work, to-wit: y Non, Therefore, if the above bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this day of u7.vr , 19 'q s i. J . L1C� e PavinC ComT:Bny, In,' . iNDUSTRIAI. INDEMNITY COMPANY Bert C. Yarborough Attorney '. 77, rt 41 CAI, zf `ay F yore ` ) to to 40 10fty that the fof wiev d polkv or pofiewa C. ..X.. below, :tee Rtr- F It .J. Zipse Paving ConWany Incorporated P 1#1 . . s 75 Craqtfch Lame Campbell, California egg a ing w accordance with the terms clew at the fallowing location(s): _ Bubb Road improvements o & ❑ Statutory W. C. ® -- 8 One Auident.� Aggregate Diseme Gen" UabMy Pre rnises-Operations(occluding"In- cidental Contracts-as defined beloar) A CP1382 7 10-1-67 Until 8 Each >=e.� � Elevators � ® cancelled ' S 500, 000cach S� Accident nt:ndepenob Contractors I t• Occurrence a CorN-ieted Operations/Products Contractual, (Specific type as de- Single limit 8 ng m /4gg►egate--{orrpleted 1 scribed ir f-o,nnote below) — — 91 — -- — — — — — Operations/Prrducts� Premises - Operations, (Including I "Incidental Contracts" as defineai I 8 Each )� Accident � on reverse of :his form) ® 1 C Occurrence Elevators I ® \ $ Aggregate•—?rer-i-,`Oper. oIndependent Contractors e e e e e e e e /' $ included Aggregate—Protective I o Com feted Operations/Products i p ® S cL C>ntractual, (Soecific type as de- Operations/Prodrr_tss scribed in footnote below) $ Aogregate--4Cont'aetual W Autonnetbik Uability ® 8 500 000. Each Person -, '> Owned Aut:mobiles 5 G Accident 8? Hired Auror,obiles m I + 8 lire ) Non-owned Automobiles Single— -- — ® — — Occurrence v Owned Automobiles — Accident I $ Hired Automobiles 8 Each /(El Occurrence ® Non-owned Automobiles t W COME . 0. Box r '3J0 eI . ('on atifornia03150 Cc a &ooemse: Subject to all the policy terms applicable, specific =tractual liability coverage is provided as reacts n a contract/ Q purchase order agreements/ 0 all contracts (cheat applicable blocks) between the Insured and: Name of Other Party: Dated (if applicable): Contract No. (if any): Description (or Job): _ . "Incidental cordraet"means any written(1)lam of premises(2) easement agneerneni, except in camection with construction or domolition operations an or adjacent to a ralmatl,(3)undertaking to otdgn arty a municipality required by n%ondc' I ordinance except in cren action with work for Me municipality, (4)sWebac k agreement,or(5)elevator me* to It is the intention of the mroany that in fhe evw*o�cancelatiat of fhe 1tZS O policy or policies by the cantor, ten (10) vrrifter, notice of such cancelation will be given to you at the add stated ire. ���- LC—354 a 200 M 30.17-48 PW 9N US.A . C I T Y OF CUFERTIN © MEMO Duly 31, 1969 F_tle: o8,013,.1 $` ? TO. City Clerk, Wen. E. Ryder MCA': 11"Irector of Public Works, lee Yarborough � r SUBJECT: BUBB ROAD !IMPROVEMENTS Transndt-ted herewith are the following documents relative to the referenced project: 1. Execut:ed contract with Zipse raving Company 2. Certificate of Insurance Insurance Company of North America Policy Number : 4 3P 13827 Bubb Road Improvements 3. Faithful Performance �iond No. YS 64-20-132 Indu3tri.`1 Indemsnit Company Labor -,n�.i Mat-erial 1.3on.i. Y',.:w Y.... Sri 1u r-fi 1 1ndemr I t;y' -a l i f o rn 1 J Enc1. // EM ROAD IMPROW04EN117 PROJECT 4 QI AC71 CHANGE ORDER NO. 1 k Y � Co., Inc.TO: R: J. Zipse Pa Date: August 5, 1969 ('5 Cristich Lane Campbell, California 95005 The following change to the work covered by Contract dated July 31, 1969, is hereby ordered: Item Unit No. Quantity Description Drice Amount 1 2185 Lin.Ft. Curb & Gutter $2.50 L.F. $ 5,462.50 INCREASE $ 5,462.50 CONTRACTOR: J. ZIPSE PAVING CO. , INC. By: Title:_ 1� APPROVED AND ""'nNUMLNDED: CITY OF CUPERTINO By: Me-ge k�r�� Title: APPROVED/I.ND C D CI CIS OF CUPERTINO By: yor i ATTEST:✓ TC Ierk >. N 0 1$1, 11 1 art PROM to, "Q Md%M 11 3, C600601do C+%rt o of Civil Precodurn.; `° Owftn 42TO OF CcrMOrniAa Cietrernrnen# Coda.) T%h no t is groom 4* reqvinW iri Calif&-nia Code of Civil pr\ * 4s d'by clue lfte.T Califewnia legislature. CITY (IF CUMT i NO - t. T., i1EPr. ow emrasaY+owner" 10300 THE AVEIVJE . CITY CUPERT ONO, CA TO: NC31•IE "94001 oT C MYRUCTI9R Login.a an.as fb[f MM Conamuc"aws Logan. to,"a.on PWMIC man'cV1 - "ADDRESS — CITY _ R. J. Z I PSE CONSTRUCTION CO. TO: _. I AteYi Or OaeOMlr`coelrewrTloe C.e lQWr[o Ia.NTwAsrpll Itu1i[RAL dl rRIY[COeTwAcroel ADDRESS 75 CR IS7 ICH LANE -- �— — --- CITY CAMPBELL, CA 1. You are hereby notified that the undersigned has furnished within the last 20 days, or will furnish hereafter: s° TRUCE ING OF MATER GALS 10=MWAL OisCwIPTION Or YOW WOe, SCe ICes. [Oui~904T Oe t.ATieIALL IURNIfN[O On TO e[ ►UWe1fM90I 2. For the building structure or other work of improvement located at: BUBB ROAD IMPROVVAaM, BUBB & MC CLC' LLAN, CUPERTINO, CA 10[eCwIrT90N OF JOefIT[SUIIOC39WT FOP 10[NTIIKATIONI _ U WE HAUL BY TONNAGE AND 3. The estimated cost of said labor, services, equipment or materials is: $ HOURLY RATES AS NEEDED 4. The name and address of the person who contracted for the purchr.:;e of said labor, services, equipment or material is: R. J. ZIPSE CONSTRUCTION CO. IAOIM[afl -- - Dated AUGUST 26, 1969 C`IARLES F. GAGL IASSO TRUCKING, INC. tft*Aa O//reeoN OA rmw runNleNINO LASOe. s[eVIC[, [OUIPMZWt OP YAI9e1.LL61—� --__-�_--_- " �. .J t fwNAr 1—L9 1 415 ALDO AVDIUE IfTe[LT nOOe[HI-- --- SANTA CLARA CA 95050 Ic Trt IfTARi :[.e cc") l Note: This is a preliminary notice as prescribed by statute; it is not a bill. ;w Your atteattion is dirsstled to Section 1193(c) California Code of Civil Procedure which requires us to notify you 'fit ill bills are not pahl in ftU f w Off, a csd of asateiials foratislted, or to be fumiisl*d, " Inc proploY (which is desc ritod 4e' ) aw be svb#o to "whaaw i ." 4 j a. (Suss 1193 C.C.P. and 4210 G.C.) I. VM COVES NOUM Anyone who wants is wort meth onfiW lien or stop notice rights on a construction job the original contractor or a workman performing day factor far wages). x 2. WM GUS THE NOTICE On private jobs, the notice goes to (1) the owner, (2) the general or prime contractor, (31 the construe t;on lender. On public jobs, the notice goes to the public agency and original contractor. 3. CONTENTS OF THE NOTICE. (1) A general description of floe labor, services, equipment or materials furnished, and to be furnished; (2) the name and address of the claimant; (3) the name and address of the person who con- tracted for the purchase of such labor, services, equipment or materials; (4) a description of the jobsite sufficient for identification; (5) a statement that if bills tyre not paid in full for labor, services, equipment 'or materials fur- rsttecl, or to be furnished, the improved property may be subject to mechanic's liens. (May attach a separate invoice for materials.) The construction lender's copy of the notice must also contain an estimate of the total price 4unit or lump sum) of the labor, services, ^ -uipment or materials to be furnished to the project. 4. TIMING OF THE NOTICE. On private work, the claimant may give his notice of any time during the progress i of the work of improvement. However, the claimant may not lien or stop notice for the value of any of the labor, services, equipment or materials furnished to the jobsite more than 20 mays before service of the notice. On public jobs, stop notice rights are lost forever if the notice is not given within the initial 20-day period. .5. NOW THE NOTICE 13 SERVED. The notice can be served either by hand delivery or by mail. Mailing may be either by first class, registered or certified mail. If the mailing is by registered or certified mail, the notice is con- sidered served on the day when it, is deposited in the mail. Otherwise the notice is effective only when delivered to the address of the party to be served. (Registered or certified mail is recommended.) The notice can either go to the residence or business address of the party to be served, or notice may be given to the address of the party to be served shown on the building permit, or, if the address of the party to be served is not actually known (and cannot with reasonable diligence be ascertained), the notice may be mailed to the ` jobsite with the name of the party to be seirved; or, if the name of the party to be served is not known, the notice may be addressed to the "Own$r", the "Construction lender", or .the "General Contractor" at the . site. b. CONiSE®t1ENCES OF FAIWRE TO GIVS NOTICE. A claimant who fails to give timeii notice on public job loses his stop notice rights; on private jobs, lien and stop notice rights start as of 20 days prior to notice. Also. any licensed contractor who foils to give notice on a job where the total cost of the work of improvement ' is in excess of $200 is subject to dUciplinavy action by the Contractors State license Board. 7. JOBS IN PROOKESS ON NOVE11111110 Bo 1969. The new omitndments do not apply to public or private jots in FsProgress on the affective date of the now law. , �1 7.1 I = 4 CIS �' 3 CITY OF CUP E R T I N 0 CRRTIPTCATE OF CWUKMN BUBB ROAD nwPov8m I, LEE YARBOROUGH, Director of Public Korkb and City 8rginter of the City of Cupertino, California, do hereby certify that the work a improve- ments hereinafter described, the contract for doing which was entered Into by r;- and between the CITY OF CUPKRTINO and R. J. ZIPSE PAVING CO., INC., were com- plated to my sat.Lsfaction on May 4, 1970. That said work and improvements consisted of clearing, grubbing, grading., pavement, berms, curbs, gutters, sidewalks, drainage facilities, and all aux .l- iary work, all as more particularly described in the plans and speci`ications for said project. D' ctor of Pub' orks and Gr�(ty Engineer, City of Cupertino Dated: May 6, 1970