HomeMy WebLinkAboutLibrary Basement Proj. 76-10 - Gearhart & Spivey - 1976 t Prof 76-10 Gearba
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P.O.BOX 807,SAN FRANCISCO,CALIFORNIA W01
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CERTIFICATE OF WORKERS'COMPENSATION INSURANCE
JUVE 18, 1976
CITY OF CUPERTINO
DEPT OF PUBLIC WORKS
10400 TORRE AVE14UE
CJPERTI:40 , CA 95014 l l
r,LL LL
This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to canceilation by the Fund except upon ten days'advance written notice to the employer.
We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration
EMPLOY ER r'-----P—RESJDENT
GEAR:TART SPIVEY JOB : CUPERTINO LIBRARY BASE11EINT
25116 I. U,1ION AVL`,WE i1Oi�IFICATIOid
CAS ,WL;ELL , CA 95003
395447-76 1-1-76/1—•1-77
SC;F FORM 262A(REV.2-76)-all..•
11
Of
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Men pagalud, 96pney city clergy
DM: Jme 22, 1976
Our
MR Bert J. Viekovich, Df r. of Pub is Works File: 52,203.3
Y
y Si :CT: CUPERMO LIBRARY BASEMENT MODIFICATI(VA
PROJECT 76-10
+s Transmitted herewith are the following items relative to the referenced
City project: -
1. Three copies of Contract for Public Works for signatures of
City officials. (Return two copies to this office.)
2. Certificate of Workers' Compensation Insurance, dated June 18, 1976.
3: Certificate of Insurance, June 17, 1976.
TEte date of the Contract should be the date the City executes it.
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encl.
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ARM mom
OAU 0*19ppi�gg �p S
_
P. at X 291-64-94-87 10-30-75 10- -7bSoo 100 200
sAM
canmtct< $
-operations V tP tf f9
A
9—+fS daeriGed
efatcsvtP ft tt i9 9 tt Pt
ti 000 ffi 000 m
j .
amity— Each ego COM each C!'M A.
Automobttes g S S 10
haired A-AO f16biCos S' lag $ 000 s$ ii=
Named Automobiles g 000 S 0580 titer
phydeat Darrow
Cttsfvo 3
Fire. Theft 8
Collision or Upset
_ Actual Vattle LASS S t>�uctlts�
iBta X ADDITIONAL I ity o er moo, TO OMMrs WO B
Compensation-Statutory
;i ma's Compsnsatton
a"amoftyers LbbUtty
�isevtsftl m and Location of Operations. Automobiles Covered. contracts. Additional 1;;S'U ed. Additionai C,,.,S , sic.
,l Job: t rrtim Librwy
t tisa, C that reia
. :. vais 10.11" 10 *row notice,to the holdo Y of 15 COINkp4a of tnsurarg#in 00 ent of am
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UNITED STATES Fl® UARANTY COMPANY
toe
(A S )
1-o..7.4-Al2.0:-?69--.7.6....
PUBIC WORKS
PAYMENT BOND
(Premium Wuded In PWftr=n"DORM
KNOW ALL MEN BY THESE That
GEARHARTs..I�.�....D/.�3/.A..G.BAR:CART..dc..�Ft.VAX.................................... ,
............................................................... ..........................................................
.� as Mrcipal, and UHRED STATES FIDELITY AN WARAW COMPAW, a Corporation organized and existing under the laws of the State -
? of Maryland and authorized to transact surety business In the State pit California, as Surety, are held and firmly bound unto ..............:. f<
:.} CITY OF CUPF;RTIRO ......... _.., as Obligee, f
....... .....
t�F
I 1 the s TWELVE THOUSAND, SEVENHU*JDRED , THIRTY TWO AND N0/100
..............................
lei
Dollars ($ 12 .732. 00——--—— ), lawful money of the United States of America, for t'te payment whereof, well and truly to
be made, we hereby bind ourselves, ow- heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS,the above bounden Priasapal has been awarded and has entered into a contract, dated 6 1�. with said Obligee
E-.
to do and perform the following work,to-wit
CUPERTING LIBRARY BASEMENT MODIFICATION
PROJECT 76-10
as will more fully appear in said contract, reference to which is hereby made;and,
WHEREAS, said Principal is required by the provisions of Chapter 7, Title 15, Part 4, Division 3 of the Civil Code to furnish a bond in :
connection with slid contract,as hereinafter set forth.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if said Principal, his or its heirs, executors,
administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams,
implement. or m&.hinery used in, upon, for or about the performance of the work contracted to be done, or Yor any work or labor thereon of
any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, as required by the provisions of ;
Chapter 7, Title 15, Part 4, Division 3 of the Civil Code, and provided that the claimant shall have complied with the provisions of said Code, or
for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal
and his subcontractors pursuant tc Section 1880E of the Revenue and Taxation Code, with respect to such work and labor, the Surety hereon
will pay for the same in an amount not exceeding the sum specified in this bond; otherwise the above obligation shall be void. In case suit is
brought upon this bond, the said Surety will pay a reasonable attorney's fee to be fixed by the court
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the
Civil Code, so as to give a right of action to them or their assigns in airy suit brought upon this bond.
SIGNED, sealed with our seals, and dated .. ........ ..... . .....JtJ*i?....`.,................... ........... 19 ..
GEARHART, INC . D/B/A
GEARHART & SPIVEY
B (Seal)
J hn E.`Schul e — .Pres Principal
.a UNITgp STATE iDEL COMPANY
Arthur Angarole A mey-in-fact
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contraa 238 ( ) 6-98) •�•�
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UNITED STATES FID ARANT' COMPANY �.
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cA l
! Ili No.74...D12ap.6gr,7.6.-..
f Pili SUC WORD
PERFORMANCE BOND
(The premium charged on this bond is $. 12T..0.0 . . . . - , being at
1
the rate of$. 10,..00 . . . . . . . , . per thousand of the contract price)
i _-
°i KNOW ALL MEN BY THESE PRESENTSs
_ r
GEARHART INC. D/} /A GEARHART dr SPIVEY
Thatwe,.............,.. ,.................................................................. ..........
.. .. ................... .. ............I.... ....... ....................
as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Corporation organized and existing under the lays of the State of
Maryland and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto
..•........... .•....CITY OF CUPERTINO
- ..................................................................................... . as Obligee,
., TWELVE THOUSAND, SEVEN HUNDRED, THIRTY-TWO AND N0/100
r. in the sum of......................................................... .......... ......................................
Dollars is 12 ,7 3 2. 0 0----------- ! lawfu!money of the United States 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
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presents.
WHEREAS,the above bounden Principal has been awarded and has entered into a contract dated J U N E P1 , 1976
' with said Obligee to do and perform the following work,to-wit:
`Nci CU?ERTINO LIBRARY BASFMENT MODIFICATION
i PROJECT 76-10
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ATTORNEY-IN-FACT AFFIDAVIT
STATE OR COZY MONWEALTH OF__CALZF_QaN IA ________ ._
SAN JOSF ss:
=: COUNTY OR CITY OF - - - ---------- -
Arthur I . AnEarole
Before me, a Notary Public, personally came_---------___-- _ - ----- -----__—_-- ------_---__-_--
known to me, and known to be the Attorney-in-FRct of United States Fidelity and Guaranty Company, a
Maryland Corporation, which executed the attached frond as surety, who deposed and said that his signa-
ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order
and authority of said Company's Board of Directors, and that the execution of the attached bond is the
free act and deed of United States Fidelity and Guaranty Company.
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"� rnrsrurnsrrtrreracrrs�riys6a,z••rrzF•! srrrern� d �f`F, ,
Given under my handLF
th' 11 a^ a T" 7 F
�#t' A -'- r -r --- - - - - r 19
5.�:. ---•T_ �---
•�i missrn Expir 5 S;, 3,, !q7g
- Notary P lie.
*y CommisF16n ires—� east.uunuuuusausu.u.aeuusarata;4�
ud.876 (9-57)
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•tJ r;- t. r _._.ii`�'._.'..�'%�iiY//}}: y1t JS-. �'W t. YI_.1___. I: f._. k ,. 1
Omuact837 (CaWosnts) (7-7a)
w € UNrFED STATES E1 °t.! COMPANY
to S p
ow Po.Tb.-Dj20...6.9,76 .
MOM wom
PERFORIME BOND
ffhe premium charged on this bond is $ 127.0.0 , being at
the rate of 3 10.. 00 . . . . . . . . . . per thousand of the contract price)
ALL HM BY THESE PRESENrM-
i
GEARHART, INC. D/B/A GEARFART 4 SPIVF.Y
as P-incrpal, and UMITED STATES FIDELITY AND GUARANTY COMPANY, a Corporation organized and existing under the laws of the State of
Marylend and authorized to trtmsact surety busibess in the State of California, as Surety, are heid and firmly bound unto
f� CITY OF CUPpR'fIR0
. ............ ...... ....... .. .. .. ,. .. .. u Obligee.
1; S F F T T T ,
TWELVE THOUSAND , „a.V..N HIJHDE?� n , , H I?2 Y— .WO AND iO j 1 O0
' to the sum of
l�!
Dollars I$1? ,T 3 2 . C 0——- —— - ———— ),lawful money of the United States of America,for the payment whereof,well and truly to
be made, we hereby bind ourselves, xr tess, executors, administrators, successors and assigns: jointly and severally, firmly by these
` presents.
WHEREAS,the above bounden Principal has been awarded and has entered into a contract dated J U N F 2 1. , 1 C 7
i+..; with said Obligee to do and perform the following work,to-wit:
k CUPEFTINO LIBRARY BASF.MEN'T MODIFICATION
e PROJECT 76-10
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as will more fu_.; appear in said contract, reference to which is hereby made.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal shall welt and truly
re perform,or cause to be performed,each and all of the requirements and obligations of said cordract to be performed by sa cr Principal,as iir said
contract set forth,then this bond shall be null and void;otherwise it shall remain in full force and effect.
w;.
JUNE 21 , T6
SIGNED, sealed with our seals, and dated .. .... 19 -:
GEARHART ,INC . D/B/A
G FAR HART SP7VEY
w JC!'
ohn E. Schulze — principal (Seal)
4144ED AT S IDEL i G TAP COMPANY
BY
,. Arthur I . Angarole Attomey4nfact
} .i..`''.1... .::W :ij 3 .:1... ......1�.^.t>.... ...... ...... . W'iSti: ::Vik .. ..f. .....�. 5..: Y ....F.... ._ _. . :. _.:y`tt�..`...�..._.....
zt*
F -
`
!' ..i- %ft it.,_ AND WAY Wafto, .
AAbb.
d*x CRY d Shod
for so fluraft pupum so Ulu
To olp Im some so saw►sk and tD mom,tud a w amy"d mtt ,mj o do sad ro 007 attd
62 SM"d fibV 60 1=6 fan 60 uwkdm Of 60 Bmd of Dhsctm cB ft mold tMIM STATES FI ELM AM CUAIt M
COMM"- s CWMW CM Of tthl& 15 hereto mmmud aad GIM& a Para at dots Nwer of • sad the add V 4M STATES
VMGLM AND GUAIHAM WUPAM, throuds tts, its Board of Dhectup,buft sat m aad eanano 4 H auk wlAammm the old
AFtbw 1. Anamde
arty lawfi Hay do W the premise by skate of thee prettarnta.
As I➢'ftmoss aWhemol, the said UNH7"FX) STATES FIDELITY AND GUARANTY COtitPANy he .. and this a be
mW with its covorate atad.daly attested by tits ftnatum of Its Vice-Preidart tad Ashtmt SemwM,the 17U dw of
JU17 .A. D. 1967
UNITED STATES FDDEuTy AND GUARAm l ompANY.
(Signed) gtr_ _R. ,A. DOUR
(Signed) R. D. BMp
STAVE OF MARYLAND6
BAI.TMORE CITY. $ •:
on this 17ft day of July A.D. 19 67 ,befm,e M ptmaMalty ems
R„ A. Dollu ,Vice,Pusidcat of the Utz STATES F®ELITy AND GUARANTY
COMPANY and 3. As�aat Secretary of maid Campany.with both of
whom I amply who bdaa bY one wmaliy duly mma, maid that tbey scalded in the City of Balftme,. Idatylaad•
that aim the saki R. A. Bolin and 8e D. were r
the VlcaPuddmt alld the Asia Seen-ml of the said UMTIED STATES FIDELi°PY AND CUARANTy taoMpANY. the eer•
pannd= dawribed In and which es,amted tide fotepint Pour of Attorney. that they each kmw tam maH of scold corporation: that thaw
led aaflsced to Old Paaas of Attoramy was Wrl OWPOlaw OWL that It was so fined by order of the Board of Dirumn of mend
dmk tad that they dyed dWs rosom themo by alas ear as V Pseido n tad Astbttm Sacmussy. . of the C mpmmy.
the fHsrtt day in July,A. D. l
{ I,) (Signed) BUqWt J. Ate
lVot�
STATE OF UARYIAM
bALTI WER C TY. Sat.
L ism" F. cuWy .Cietk of 60 SuPWar Coon of Balthoom CIM wbkb Cm.N a
Comtr of Ram4 sad has a vmL do bmvby caft that submt J. A1t U ba o
wbm the ammead aidsales wave totals, nd who has dmm mobsulbed sme6 ass at tha t�of con dabsa Notary Ptttdb at&D
SUN of Uuyb4 In add bdz do City of Bshbwr%duty amnsmamed add as aW matharfaed by taw, to a&walou gnu tad taHte
as aatt or of a�to be te=dad thumis. I f m tbaa I no with do of the sold
rid..attt:!tam►b,dk a do v4pam to be hit poem dostua
IQ TWONNOW
� A I NN my bid to ad of�e ctt @I �.� C bdit s NO
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( mA Wigued) A.
I ;sVag
Cam senior can#I
Y -
a T
' v to ancow 48i*AW a"Bad
8 ar pornew to s as W
are titer; �ttlr orMUSUP4441ca.or ayFM or qFft to ante az:d auumn d6ta ONKUM of a "d as
or vwkft in am totem of aftba of rho to WN&time or icy by lira.
ftd w arty&stuftat de UxW&am-or d tray State or Tczftm7 of the UutW Son or d the ftsvbm of the
of Comb 1W ` of 4yeWhOarlh A at by the rum, o r&Mcadumn.Frael ae or ftcradw of my batrtt
agltasr4w cc be ailawed. tt or pmuhtmd to be mde.tab&gN.
d ' ,, for th new*or peendn of.by or for arw p or pmew earlomsdon.b*.
at 06V MoMbiln aq sqXRhadon WhAUMM to any and all capes Whatmem..candlVaned f the dobg or ewe dabs
or mm t tong be rovided far in mw such baud, recogniums. obligatum attpubmim or undesultha& or
ogdft In 6*savue d cghm d the Sarno.
IL mat IN saww an Ash Secom of the 1JNffED STATES FIDELITY A14D
GUARAWT 00WAW.do f wn* that the fcagolva is a loll. try and correct copy of the dal paver of attorey get
1 uM CmuVOW to Arthow I. Mgnae
, authorizing and empoweibg him to sign bonds as thew yet
fartls.erg payer a y ttevrr revoked and b txlll to full force and effeet.
And I do furdw caft that aid Power of Attorney was given In putaumm of a resolution adopted at a regular Meeting of the
Bond of Uhmetors of said Campany. drily called and held at the office of the Cootpany in the City of Bah;zoore. on the llth day of
July. 1910. at which t a quoruss of the hoard of Dbeetora way present.exul that the foatWiag is a trite aid coned copy of-aid
and the whole tlmmf as recorded in the mimstes of said memzsg.
In Tesefaway WArrea 1. 1 have havanto set mq hand and the ecal of the UNIT® STATES FIDELITY AND GUARANTY
COMPANY on JUNE 21 , 19T6
t Date i
. ZIA,
-- Assistans Seematry.
1
ym.
CONTRACT FOR Ptf�►LI C VORK
CC ACT made on • J 9,7c-
by the CITY. OF CUPER11NO, a municipal corporation of the State
of California, hereinafter called the City, and L3
Gearhart and Spivey, Incorporated.
hereinafter called the Contractor.
IT IS HEREBY AGREED by the parties as follows :
'l. The Contract Documents . Toe complete Contract con-
sists of the o owing contract documents : Q
Contractor's Proposal; Notice to Bidders; Specifications; Plans;
Faithful Performance Bond; Labor and Material Bond; Insurance Requirements
and this Contract.
CUPERTINO LIBRARY BASEMENT MODIFICATION
PROJECT 76-10
Any Znd all obligations of the City and the Contractor are fully.
set forth and described therein.
All of the above documents dre intended to cooperate so
that any work called for in one and not mentioned ,.n the 'other,
or vice versa, is to be executed the same as if mentioned la all
cf said documents . The documents comprising the complete con-
tract are so.met-I mes hereinafter referred to as the Con oraCt Dor_u-
mQnts . In ca:e of conflict between the Plans and Specifi::ations
on the one hard, and this Contract on t.Ze other, the Plans and
Specifications shall prevail.
2. The Work. The Contractor agrees to furnish all of
the tools , equipment , apparatus , facilities ,, labor, transporta-
tion, and material necessary to perform and complete in a good
and workmanlike manner, the work of modification to an approximately
1300 square foot area located on the lower level of the Cupertino Library, 10400
Torre Avenue, Cupertino, California 95014.
3
as called. for, and in the manner designated in, and in strict
conformity Stith, the Plans and Specifications prepared by the
foiling named person:
• Bwt ViskovIch, Director of Public Works
and adopted by the City, which �.ans- and Specifications are en.
Utled, respectively, Cupertino iAbrarg Basemmt Modification, Project 76-10.
and which plans and. Specifications are identified by the signa—
tures of the parties to this Contract. It is understood and
agmed that said tools, equipment , apparatus , facilities , labor,
transportation, and material shall be furnished, and that said
work shall be performed and completed as required in said Plans
and Specifications under the sole direction aiad control of the
Contractor, but subject to the inspection and approval of the
City, or its representative. The City hereby designates as its
representative for the purpose of this Contract the following
named person:
Bert Viskovich, Director of Public Works
3. Contract Price. The City agrees to pay , and the
Contractor agrees tc accept ., in full payment for the work above
greed to be done, the sues of. twelve thousand seven hundred and thirty 1
two dollars ($12,332.00) .
subject to additions and deductions as provided in the Contract
Documents .
4. Dis sites Pertainina to Payment for Work. Should
any dispute arise respecting the true value of any work done ,
of any work omittod, or of any extra work. which the Contractor
may be required to do, or respecting the size of any payment to
the Contractor during the performance of this contract , said
dispute shall be determined either by reference to tie unit of
prices , if applicable , or in accordance with the agreement of
the parties, or in accordance with the rules of the American
Arbitration Association if the parties arb unable to agree .
5. Permits ; Compliance with Law. The Contractor shall ,
at his expense , obtain all necessary permits and licenses , ease-
ments, etc. , for the construction of the project , give all neces-
sary notices , pay all fees required by lacy, and comply with all
laws, ordinances , rules and regulations relating to the work
and to the preservation of the public health and safety.
6. Inspection by the City. The Contractor shall at
all times maintain prover facilities and provide safe access for
inspection by the City to all parts of the :pork, and to the shops
d
wherein the work Zs in prepariation. Where the Specifications
requite work to be specially tested or approved, it shall not
be tested or covered up without timely notice to the City of
Its readiness for inspection and without the approval thereof
or consent thereto by the latter. Should any such work be
covered up without such notice, approval, or consent , it must ,
if required by the City, be uncovered for examination at the
Contractor's expense.
7. Extra or Additional Wor4c and Chances. Should the
City at any t mw 3urIng Ehe progress of the work require any
alterations , deviations, additions or omissions from the Speci-
fications or Plans or other Contract Docents , it shall have
the ►°ight to do so, and the swie shall in no way affect or make
void the contract , but the cost or value thereof will be added
to, or deducted from, the amount of the contract price , as the
case may be , by a fair and reasonable valuation, which valuation
shall be determined either by reference. to the unit prices , if
applicable , or in accordance with the agreement of the parties ,,
or in accordance with the rules of the American Arbitration
Assocation if the parties are unable to agree. No extra work
shall be performed or change be made except by a written order
from the City , duly authorized by resolution of its governing
body , and by all agencies whose approval is required by lair ,
stating that t::e extra work or change is authorized, and no
claim for an addition to the contract su.-a shall be valid unless
so ordered.
8. Changes to Meet Environmental Rec;uirer:ents . The
City shall have the right to mate changes in this Contract
during the course of construction to -bring the completed
provements into compliance with environmental requirements or
standards established by state and federal statutes and regula-
tions after the Contract has been awarded or entered into. T':e
Contractor shall be paid for by such changes either by reference
to the unit prices , if applicable , or in accordance with the
agreement of the parties , or in accordance with the rules of the
American Arbitration Association if the parties are unable to
agree. '
9. Termination,_ Amendcrents_ or Modifications. Tnis
Contract may a terminated, amended or modified, with the mutual
consent of the 1?hrtie3. The compensation payable , if any , for
such termination, amendment or modifications , shall be deter-
mined either by reference to the unit price , if applicable , or
in accordance with the agreement of the parties , or in accordance
with the rules of the American Arbitration Association if the
parties are unable to agree.
10. Time for Comoletion. All work under this Contract
shall be completed within sixty (907 calendar days following the- date of
commmncement.
-3-
If the Contractor shall be delayed in the worit by the
y acts or elect of Who City, or its employees , or those under
it by contract or otherwise, or by changes ordered in t%, a worst,
or by strikes , lockouts by others, fire, unusual delay in trans-
portations unavoidable casualties or any causes beyond the Cone
tractors s control, or by delay authorized by the City, or by
any cause which the City shall determine Justifies the delay,
then the time of completion shall be extended accordingly.
This paragraph does not exclude the recovery of dam-
ages for delay by either party under other provisions in the
Contract Documents.
11. Zr.s ection and Testingof Materials. The Con-
tractor shall not y the ity a sui c-ent tide in advance of
the manufacture or production of materials to be supplied by
him under this Contract , in order that the City may arrange
for mill or factory inspection and testing of the same , if -he
dity requests such notice from the Contractor.
12. Termination for Breach etc. 2: the Contractor
should use adju -e a banxrup , or if he should mare a general
assign:aent for the beneflit 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 provis Fors
of the Contract , the City may se:ie written notice upon rim and
his surety of its intention to terminate the Contract , such
notice tr contain the reasons for such intention to tez-sinatz
the Contract , and, t:.nless within ten days after serving- o: such
notice , such violation shall cease and satisfactor-I arrangements
for correctinn thereof be :wade , the Contract shall , upon the
expiration of said ten day-s , cease and terminate . In thq event-
of
any such termination, the City shall immediately serve written
notice thereof upon the surety and the Contractor, and the surety
shall have the rig'.'it to take over and perform the Contract ; pro-
vided, however, that , if the surety within Allfteen days after
the serving upon it of notice of termination does not give the
City written notice of its intention to take over and perform.
the Contract , or does not co=merce perfor-mance thereof .tit: n
thirty days from the date of the serving of such. notice , the
City may take over the wor'k and prosecute the same to comp?eti cn
by contract , or by any other method it may deem advisable , for
the account and at the expense of the Contractor, and the Con-
tractor and his surety shall be liable to the City .for and ex-
cess cost occasioned by the City thereby, and in such event the
City 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 wort and necessary therefor.
13. The City- 's Rist`.;t to Withhold Certain Amounts and
Make Application "Mereof. In addition . to the amount which trie
. -4-
City may retain under Paragraph 21 of this Contract unti: the
Mal. completion and acceptance of all work covered by the Can.
tract., the City may withhold from payment to the Contractor
=r such an awmat or amounts as in its judgment may be necessary
r to pay ,;dust claims against the Contractor or any subcontractors
for labor and services rendered and materials furnished in and
about the wor'a. The City may apply such withbald amount or
amounts to the payment df such claim in its discretion. In
so doing, the City shall be deemed the agent of the Contractor,
and any payment so made by the City shall be considered as a f
payment made under the Contract by the City to the Contractor,
and the City shall not be liable to the Contractor for any such
payment made in good faith. Such payments may be made without
War Judicial determination of the claim or claim .
14. Notice and Service Thereof. Any notice from one
' party to' the other under the ontr ac hs a.1 be in writing, and
shall be dated and signed either by the party Ziving such notice ,
or by a duly authorized representative of such party. Any such
notice shall not be effective for any purpose whatsoever unless
served in the following manner: (a) if the notice is given to
the City, either by personal delivery thereof to the City Mana-
ger of the City , or by depositing ttie same in the United States
mails, enclosed in a sealed envelope , addressed to the City,
postage prepaid and certified; (b ) if the notice Is given to tyre
Contractor, either by personal deliver; thereof to the Contrac-
tor, or to his duly authorized representative at the site of the
proiect , or by depositing the same in the United States malls ,
enclosed in a sealed envelope , addressed to said Contractor at `
2536 N. Union Ave. , Campbell, Ca. 95008
postage prepaid and certified; and (c) if the notice is giver to
the surety or any other person., either by personal delivery to
such surety or other person, or by depositing the same in the
!United States mails , enclosed in a sealed envelope , add-,sled
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 certified.
15. Assignment of Contract . Neither the Contract ,
nor any ;art thereof, nor moneys due or to becoi a due t!hereunder,
may be assigned by the Contractor without the prior written ap-
proval of the City.
.16. Co=11ance with Specifications of Materials. hen-
ever in the Specifications , any material cr process is :ndicatev
or specified by patent or proprietai-I name , or by name of manu-
facturer,, such Specifications must be met by Contractor, unless
the 'City agrees in writing to some other material, process or
article offered by Contractor which is equal in all respects to
the one specified.
5-
•
17e Contract SeaucitY. -The Contractor shall furnisz
a smraty bond in an amount at east equal to one hundred per-
cent (1005) of the contract price as security for the fait hful
performance .of this Contract. The Contractor shall also furnish
a separate surety bond in arg a==t at least equal to one hu.�d.-d
percent (10C.01) of the contract price as ssecueLty for the payment
of all persons for furnishing materials, provisions, provender,
or other supplies, used in, upon, for or about the perfcr nanae
of the work contracted to be done , or for performing an,, ark
or labor thereon of any kind, and :for the payment of ar. .ts
due sander the Unemp.lo7ment Insurance Code with respect such
work or labor in connection with this Contract , and for the pay-
ment of a reasonable attorney's fee to be fixed by the court in
case suit is brought upon the bond.
18. Insurance. The Contractor shall not co=%nence work
under this Contract until he has obtained all insurance required
under this parAgraph and such insurance has been approved by the
City, nor shall the Contractor allow any subcontractor to com-
srrce :cork or. his subcontract until all similar insurance re-
quired of the subcontractor has been so obtained and approved.
The Contractor° shall f°urni3h the City with satisfactory proof
of- the carriage of insurance required, and there shall be a
specific cen'.ractu3l 1 ability endorsement extending the Con-
tracto^' s coverage to ,include the contractual liability assured
by the Contractor pursuant C,o this Contract and particularly
Para;rape 1-9 ::ere-of. Any poll cy of insurance required of the
Contractor under this Contract shall also contain an endorsement
providing that thirty ' (30 ) days ' notice must be given in writing
to the City of any pending change in "he limits of liability or
of any cancellat_on or modification of the policy.
i
(a) Workmen's Co=ensation Insurance and Em-
ployer' s Liability Insurance . The Contractor shall take our.
and mainta_ .^, during tine iiie of this Contract Workmen ' s Co-_Den-
sation Insurance and Employer' s Liability Insurance for all of
II his employees e®loyed at the site of the project and, in case
any work is sublet , the Contractor shall require the subcontrac-
tor similarly to provide' Workmen' s Compensation Insurance and
Emmployer's Liability Insurance for all of the latter' s employees
un::.ess ;uc:-: a mplayees are covered by the protection afforded by
the Contractor.
In signing this Contract the Contractor makes the fol-
lowing certification, required by Section le6l of the Labor Code :
aI am awsa-e of the provisions of Section
3700 of the Labor Code which require every em-
ployer to be insured agains%': liability for
workmeh"s compensation or to undertake self-
insurance in accordance with the provisions of
the code, and I will comply with such provisions
berore commencing the performance of the work
of this contract."
(b) LiabUitl insurance. The Contractor zhall
take out and maintairiduring the life of this Con tract such
Bodily rhJury Liability and Property Dimage Liability Insu.._ance
as shall protect hiss and any subcontractor performing' wont cov-
ered by this Contract from claims for damaps ror bodily injury,,
Including accidental death, as well as From claims for property
damage, in *eluding third-party property daaage,, to Include cov-
erage on property In the care, custody and control of the C®n-
tractor, and also exaeludng what are commonly knovrn as the "X,
C. and U" exclusions (*raving to do with blasting, collapse, and
underground property damage) ,, which may arise from Contractor' s
operations cruder this Contract, whether such oppra.tio_ns be by
himself or by any subcontractcr or by anyone dUrectly or in-
directly .employed by either of therm and the amounts of such in-
s uran ce shall be as follows
Bodily rhjury Liability Insurance in an amount
not less than $300,000.00 for injuries, including
accidental death, to any one person, and, subject
to the same limit for each person, in an amount
not less than $500,000.00, on account of one
accident, and Property Dame Liability Insurance
in an amount not less than $100,000.00 :.,nd Property
Damage Insurance Aggregate in an amount not less
than $200,000.00. The City and its officers and
employees, shall be named as additional insureds
on any such policies of insurance, which shall
also contain a provision that the insurance
afforded thereby to the City, its officers and
employees, shall be primary insurance to the
full limits of liability of the policy, and
that, if the City, or its officers and employees,
have other insurance against a loss covered by
such policy, such other insurance shall be ex-
cess insurance only.
-7-
as
r
19. Hold Harmless . The Contractor will save, keep, and
hold harmless t and all officers ,, employees , and agents
thereof from all damages, costs, or expenses, in law or in equity ,
that may at any time arise or be set up because of personal in-
jury or damage to property sustained by any person or persons by
reason of, or in the course of the performance of said work, or
by reason of any infringement or alleged infringement of the
patent rights of any person or persons , firm or corporation in
consequence of the rasp in, on, or about said wore, of any article
or material supplied or installed under this Contract . Notwith-
standing the above, the Contractor shall wherever it is necessary
keep and maintain at his sole cost and expense during the course
of his operations under this Contract such warnings, signs, and
barriers as may be required to protect the public. The p-rovisions
of the receding sentence shall not i p � impose any liability upon
the City and are for the express benefit of the general public.
20. Hours of Stork. Eight hours of labor during any
one calendar day Ana forty hours of labor during any one calendar
week shall constitute the maximum hours of service upon all work
done hereunder, and it is expressly. stipulated that no laborer,
t workman, or mgchana c employed at any time by the Contractor or
by any subcontractor or subcontractors under this Contract , upOr-
the work or upon any part of the .•roex contempl-t�:ed by this Con-
tract ,, shall be required or permitted to work thereon more than
eight hours during, any one calendar day- and forty hours during
any one - calendar Meek, except , as provided by Section 1815 of
the Labor Cade of the State of California, work perfor:^ed by
employees of contractors in excess of eight hours per c.ay and
forty hours during any one meek shall be permitted upon public
work upon compensation for all hours worked in excess of eight
hours per day at not less than one and one-half times the basic
rate of pay. It is further expressly stipulated that for each
and every violation of Sections 1811-1815, inclusive , of the
Labor Cole of the State of California, all the provisions where-
of are deemed to be incorporated herein, the Contractor shall
forfeit , as a penalty to the City, twenty-five Collars ($25 . 00)
for each laborer, :workman, or mechanic employed in the execution
of this Contract by Contractor, or by any subcontractor under
this Contract , for each calendar day during which said laborer,
workman, or mechanic is required or permitted to worlk more than
eight. hour's 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 reek by all laborers , work-
• -8-
men, 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 City or its offi-
cers, or agents and to the Division of for Law Enforcement of
r
the Departmint of Industrial Relations of the State of California.
21. Wa a Rates. Pursuant to the Labor Code of the
State of Californ a, or focal law thereto applicable , the City
has ascertained the general prevailing rate of per diem erases
and rates for holidays and overtime work in the locality in
which this work is to be performed, for each craft , classifiCa-
tion, or type of laborer, workman, or mechanic needed to exec-ate
this Contract. The prevailing wages so determined are set fort:
In the Specifications and made a part hereof. Neither the notice
Inviting bids nor this Contract shall constitute a representation
of fact as to the prevailing wage rates upon which the Contractor
or any subcontractor under hire may base any claim against the
City. '
It shall be mandatory upon the Contractor, and upon
any subcontractor under hire, to pay not less than the said spe-
cified rates to all laborers , workmen, and mechanics employed
in. the execution. of the Contrac* . It is further expressly sti-
pulated that the Contractor shall, as a penalty to the City,
forfeit twenty-five dollars ($25.00 ) for each calendar day , or
portion thereof, for each laborer, workman, or mechanic paid less
than the. stipulated prevailing rates for any wor'r. done under
this Contract by him or by any subcontractor under him; and Con-
tractor agrees to comply with a.l provisions of Section 1775 of
the Labor Code.
In case it becomes necessary for the Contractor or any
subcontractor to employ on the project under this Contract any
person in a trade or occupation (except executives , super.,isor!r ,
administrativv.. cle^ical, or other non-manual workers as such) ..
for which no ninimu:w,, wage rate is herein specified; `he Contrac-
tor shall immediately notify the City, :who ..ill pro=ptly there-
after determine the prevailing rate for such addit•--onal trade
or occupation and shall -furnish the Contractor with the mini:rum
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.
22. Accident Prevention. Precaution shall be exer-
cised at all times for the protection of persons (including em-
ployeas) and property. The safety provisions of applicable laws ,
building and construction codes shall be observed. Rachinery ,
equipment , and other hazards shall be guarded or eliminated in
accordance with -the safety provisions of the Construction Safety
Orders issued by -the Industrial Accident Commissicn of the State
of California.
P'
23. _P L"nt,t. Not -later than the twentieth day of each �.
calendar month, tee Clry willa partial payment to the Con-
tractor on the basis of a duly certified approval estimate of
the work perfo mead and materials incorporated in the project ,
losing the preceding calendar month, b: the Contractor, but the
City will retain ten percent ( 10 of the
amount of each of said estimates until the expiration of thirty-
fSve (35) days from the date of recording by the City of notice
r of acceptance of completion of all work covered 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 :pork of improvement as evi-
{ dented by resolution of its governing body, at which time and
v not before, the City shall. pay to the Contractor the whole of
the remaining tea percent ( 10 JOO of said contract L
price so held back as provided; said certificates to a furnished
by and obtained from the City's representative stating that the
pays brit or install.-rent is due upon the basis of work completed
and the amount then due and the City's representative shall, be-
fore the tenth of each month, deliver said certificates under
his . hand to the City, or in lieu of such certificates , shall de-
liver to the Contractor, in writing, under his hand, a just and
true reason for not issuing the certificates , including a state-
mdnt of the defects _ ., if any , to -be remedied, to entitle the
Contractor to the certificate or certificates . In event of the
failure of the City 's representative to furnish and deliver saia,
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 , the
Contractor may file demand with the City, and, in event skid
certificates are not furnished within ten (10 ) days thereafter,
the same shall become due and payable.
In case the City' s representative delivers the writing
aforesaid, in lieu of the certificates , then a compliance by the
Contractor with the requirements of said writ:in. shall entitle
the Contractor to the certificates.
The payment of progress payments by the City shall not:
be construed as an absolute acceptance of the work done up to
the time of such payments , but the entire work is to be subjected
to the inspection and approval of the City , and subject to .what-
ever inspection and approval may be required by jaw.
24. Protection of Public Utilities . The City shall
be responsible , as between the parties to this Contract only , for
the removal, relocation, or protection of existing public utili-
ties , if any, located on the site of construction, but only if
such public utilities are not identified by the City in the
Plans and Specifications made a part of the invitation for bids.
-10-
The City stall compensate the C^ntract�or for costs incurred in
relocating or repairing damage to utility facilities not indi-
cated in the Plans and Specifications , other than service lat-
orals when the presence of such utilities on the construction .
site can be interred from the presence of such visible facili®
ties as buildings , w2d teeters and junction boxes on, or adj a-
• cent to, the construction site. The Contractor shall not be
assessed I quidated damages for delay in completion of the Con-
tract project, as provided in Paragraph 27 below, when such de-
lay is caused by the failure of the City, or other public utility.,
to provide .00r the removal or relocation of the eXisting utility
facilities. If the -Contractor while performing the Contract dis-
covers utility facilities not identified by the City it the Con-
tract Plans and Specifications , the service laterals as herein-
above described, he shall immediately notify the City in writing.
. 25. Contractor's Responsibility for the Work. The
Contractor shall` no be responsible for the cost of repairing
or restoring damage to the work caused by an ict of God. NEVER-
THELESS, the Contractor shall , if the insurance premium is a
separate bid item, obtain the insurance to indemnify the City
for any damage to the work caused by an act of God. "Acts of
Coe:" shall include only the following occurrences or conditions
and effects : earthquakes and tidal waves , when such occurrences
or conditions and effects have been proclaimed a disaster or
state of emergeency by the Governor of the State of California
or by the President or the United States , or were of a magnitude
ac the site of the work. suffi Tien, to have caused a proclanaticn
of disaster or state of emergency having occurred in a populated
area., Subject to the foregoing, the ,City shall not , in any :gay
or manner, be answerable or suffer loss, damage , expense or
liability for any loss or danage that may happen to aaid-tibuild-
ing, work, or equipment or any part thereof, or in, on , or about
the same during its construction and before acceptance .
26. Contractor's Guarantee. .T'ne Contractor unquali-
fiedly guarantees the first-class quality of all workmanship and
of a7.1 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 the
Contractor unqualifiedly guarantees such lesser quality ; and
that the work as performed by the Contractor will conform with
the Plans and Specifications or any written authorized deviations
therefrom. In case of any defect in work , materials ,, apparatus
or equipment , Whether latent or patent , revealed to the City
within one (1) year of the date of acceptance of completion of
this Contract by the City, the Contractor will forthwith remedy
such defect or defects without cost to the City.
27. Liquidated Damages. Time shall be of the essence
of this Contract'the Contractor fails to complete , within
-11- .
the t1me fixed for such corn letion, the work herainbefore men-
tioned and described and hereby contracted to be done and per-
formd, he shall become liable to the City for liquidated dam _
abes in the sure of fifty :e
dollars (S `S0•00 for each and every day during which
said work shall remain uncompleted beyond such time for comple-
tion or unlawful extension thereof, which su. . shall be presumed
to be the amount of damage thereby sustained by the City since
it would be Impracticable or extremely difficult to fix the
actual damage ; and the amount of liquidated damages may be de-
ducted by the City from moneys due the Contractor hereunder,
or his assigns and successors at the time of completion, and
the Contractor hereunder, or his assigns and successors at the
time of completion, and his sureties shall be liable to the
City for any excess.
28. Additional Provisions .
. z
-12-
}
a IN WITNESS WHEREOF the pasties have executed this
Contract, in duplicate, the day and year first 7ereinabove
written.
r
,z APPROVED AS TO FORM: -CITY ®�"' CUPE��aY®, c'3 municipal
corporation of the State of
California, herein called
the City
City Attorney 26,
By
or
ATTEST: -
City Clerk
Gearhart, Inc. DBA
Gearhart & Spivey
herein called Contractor
By
Notary acknowledgment required.
If a corporation, corporate ;:a-al
and corporate notary acknowledgmzint
required.
COMM STA CLAIM
On , 19 , before me, the undersigned. a
Ebtary► Public in and for said State, personally appeared
Imoun s
to as to be the person whose names are subscribed to the withi
t, and ledSed to me that they executed the same.
my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGMENT
STATE OF CALLFOMA )
as. '
COUNTY OF _A:3TA CLM) +
On Jun 21 , 19j&_, before me, the undersigned, a Notary
Public in and for the said State, personally appeared
Margaret Gearhart , known to me ton
be the Secretary Of Gearhart_ Iuc- _ LBA Gearhart Sni *ythe
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WIWESS TME.REOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
,0useeno►+ etuanna++ns}+sseenm;*+relatvoB �
� s
Notary Public in and for the Cot ty
`IY of Santa Clara, State of California
My Commission Expires September 30. 1998
®,uueue,a:ueeuweu�uu,u,u„ueeeema :ee+a+®
wl-�
l RECORD WITHOUT FEE
543894-3
40` - City of Cupertino
e City of Cupertino 10300 Torre Avenue
Cupertino, Ca. 95014
NOTICE OF ACCEPTANCE OF CtLETION
CUPERTINO LIBRARY BASEMENT MODIFICATION
PROJECT 76-10
NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, Director of
Public Works and City Engineer of the City of Cupertino, California,
on October 12, 1976, did file with the City Clerk of said City, my
Certificate of Completion of the following described work, the contract
for doing which was heretorore awarded to GEARHART AND SPIVEY, INCOR-
PORATED, on June 9, 1976, and entered into on June 30, 1976, in accor-
dance with the plans and specifications for said work.
That said work and improvements were actually completer) on
October 4, 1976, and that acceptance of completion of said work was
ordered by the City Council of said City.
That said work and improvements consisted of furnishing all labor,
equipment, and materials required to accomplish the Library Basement
Modification Project all as more particularly described in the plans and
specifications for said project.
i
Director f Pu lic orks
nd City Engin er, ity of Cupertino
la
Dated: October 12, 1976
=" �tM",To
t'" CJ
TIE
0 ® c
342 1
STATE OF CALIFORNIA
SS
County of Santa Clara )
SERT J. VISRC®ICH, being first duly sworn, deposes and says;
That he is the Director of Public Worts and City Engineer of
the City of Cupertino, California; that he has read the foregoing Notice
of Acceptance of Completion and that the facts therein stated are true
of his own knowledge except as to matters therein stated upon information
and belief, and as to such matter he believes it to be true.
a
i
s
Subscribed and sworn to before me
this/Y4- day of
Notary lic in and for the 0.
F F
Sta of California z
S I T",
l my77
City of Cupertino
CERTIFICATE OF COMPLETION
CUPERTINO LIBRARY BASEMENT MODIFICATION
PROJECT 76-10
NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, Director of
Public Works and City Engineer of the City of Cupertino, California,
do hereby certify that the work and improvements hereinafter described,
the contract for doing which was entered into by and between the CITY
OF CUPERTINO AND GEARHART AND SPIVEY, INCORPORATED, were completed to
my satisfaction on October 4, 1976.
That said work and improvements consisted of furnishing all labor,
equipment, and materials required to accomplish the I.ibrary Basement
Modification Project all as more particularly described in the plans
and specifications for said project.
Director blic k
Wors and
City LgineeIf
of the City of. Cupertino
Dated: October 12, 1976