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10-093 Republic ITS, Cupertino Comcast Fiber Project, Project No. 2010-03 DOCUMENT: 21145413 Pages: 3 RECORDING REQUESTED BY 11 1 11 11 1 1 0 1 1 11 11 Fees .... . No Fees Taxes.. Ces City of Cupertino AMT opi PA I D WHEN RECORDED MAIL TO REGINA ALCOMENDRAS RDE # 012 SANTA CLARA COUNTY RECORDER 4/13/2011 City Clerk's Office Recorded at the request of 2.13 PM City of Cupertino C i t y 10300 Torre Avenue Cupertino, CA 95014 -3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 CERTIFICATE OF COMPLETION AN :D NOTICE OF ACCEPTANCE OF COMPLETION CUPERTINO COMCAST FIBER PROJECT CITY PROJECT NUMBER 2010 -03 ii Original 0 For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014 -3255 � 5 1 9ss (408) 777 -3354 CUPERTINO PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION CUPERTINO COMCAST FIBER PROJECT CITY PROJECT NUMBER 2010 -03 NOTICE IS HEREBY GIVEN THAT I, Timm Borden, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and Republic ITS, September 9, 2010, in accordance with the plans and specifications for said work, have been completed to the City's satisfaction and acceptance of completion was ordered on January 19, 2011. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. • Director of Public Works and City Engineer of the City of Cupertino Date: April 12, 2011 "NO FEE" VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 12 day of April 2011 at Cupertino, California. Kirsten Squarcia City Clerk's Office City of Cupertino Project No. 2010 -03 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this Q'th day of ,5tpfencber2010, by and between Republic ITS whose place of business is located at 371 Bel Marin Keys Blvd, Suite 200, Novato, CA 94949 ( "Contractor "), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ( "City") acting under and by virtue of the authority vested in the City by the laws of the State of California. PROJECT NUMBER 2010 -03 CUPERTINO COMCAST FIBER PROJECT NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article '1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated David Stillman, Senior Civil Engineer , to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Provisions) within 61) Calendar Days from the date when the Contract Time commences to run as provided in Document 00700 (General Provisions) 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or City of Cupertino 00520 - 1 Contract Cupertino Comcast Fiber Project • Project No. 2010 -03 any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third- parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as -built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as -built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Provisions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as -built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. City of Cupertino 00520 - 2 Contract Cupertino Comcast Fiber Project Project No. 2010 -03 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, del ivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00001 Title Document 00002 Signature Page Document 00003 Project Directory Document 00010 Table of Contents Document 00012 Caltrans /City Cross - Reference Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release Agreement Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non - Collusion Affidavit Document 00482 Bidder Certifications Document 00520 Contract Document 00530 Insurance Forms Document 00610 Construction Performance, Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Traffic Control Requirements Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specifications Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). City of Cupertino 00520 - 3 Contract Cupertino Comcast Fiber Project Project No. 2010 -03 Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http:// www. dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance will their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of Cupertino 00520 - 4 Contract Cupertino Comcast Fiber Project Project No. 2010 -03 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. CUPERTINO COMCAST FIBER PROJECT CITY: CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of the Republic ITS State of California L- nature] Attest: James A. Wagner [Please print name here] City Clerk: Kimberly S • 0 Ap roved as to form by City Attorney: Title: VP Engineering [If Corporation: Chairman , President, or Vice President] City Attorney: Carol Korade By: 11 [Signat - Jeffr- Asch I hereby certify, under penalty of perjury, that Ralph A. [Please prin am ere] Qualls, Jr., Director of Public Works of the City of Cupertino was duly authorized to execute this document. Title: VP, Secretary, Treasurer, CFO [If Corporation: Secretary, Assistant Secretary, e Chief Financial Officer, or Assistant Treasurer] Dated: 7. e), /0 647154, C -10,A, C -31, C -61, D -31 I State Contractor's License No. Classification cot a /., 6/30/2012 Ralph A. Qualls, Jr., Director of Public Wor , of e City of Expiration Date Cupertino, a Municipal Corporation of the St. - .f California Designated Representative: Taxpayer ID No. Name: David Stillman, P.E. Name: Title: Senior Civil Engineer Title: Address: 10300 Torre Ave., Cupertino, CA 95014 Address: Phone: 408 - 777 -3249 Phone: 415 - 8 8 4 - 3 0 0 0 Facsimile: 408 - 777 -3333 Facsimile: 415 - 8 8 4 - 4 8 0 0 NOTARY ACKNOWLEDGEMENT IS REQUIRED. IF A AMOUNT: $37,130 CORPORATION, CORPORATE SEAL AND CORPORATE ACCOUNT NUMBER:610 9864 9400 NOTARY ACKNOWLEDGEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT City of Cupertino 00520 - 5 Contract Cupertino Comcast Fiber Project • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 • . •. •.- / '. ' •J..' V:..'•. -.' .:..; -- .:....: •.:.. ..,:.. --•.: •.-. ) State of California ii, h/ + � � e, � i f l I� County of > 1 On ° 111110 i me, I �► UAL d wog/ P Date er rt ame a le of the Officer � )� personally appeared ` 1 W , r �. / Name Signer(s) i � 0 who proved to me on the basis of satisfactory 1 evidence to be the person(s) whose name(s) A /are A subscribed to the within instrument and acknowledged • to me that taefishs /they executed the same in >> h+sMerltheir authorized capacity(ies), and that by y� r >> bigMer/their signature(s) on the instrument the , person(s), or the entity upon behalf of which the ;; person(s) acted, executed the instrument. �j I certify under PENALTY OF PERJURY under the NATRlClA COMFANEV laws of the State of California that the foregoing Commission # 1868579 >j a ;�;.' Z paragraph is true and correct ✓,.. Notary Public - California Z >j > ; '!� Marin County { My Comm Expires Nov 14_2013 E WITNESS my hand and official seal. ;S >> Signature: i, � 10. f j Place Notary Seal Above Signature of Notary P •lic ? OPTIONAL. �� Though the information below is not required by law, it may prove valuable to persons relying on the documen >j and could prevent fraudulent removal and reattachment of this form to another document. • Description of Attached Document Title or Type of Document: >> • Document Date: Number of Pages: >> Signer(s) Other Than Named Above: ?" Capacity(ies) Claimed by Signer(s) >> Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): [1] Corporate Officer — Title(s): >> ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT OF SIGNER OF SIGNER >> • ❑ Partner — ❑ Limited ❑ General Top of thumb here C] Partner — ❑ Limited ❑ General Top of thumb here >> in Fact > Y C] Attorney in Fact �� ❑ Attorney ❑ Trustee C1 Trustee >> ❑ Guardian or Conservator Cl Guardian or Conservator >> i ❑ Other: El Other: ; Signer Is Representing: Signer Is Representing: C >j © 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 - 6827) Item #5907 • r • Project No. 2010 -03 DOCUMENT 00400 BID FORM To be submitted as part of Envelope "A" by the time and date 5.pecif ed in Document 00200 (Tr to Bidders). TO '1 H X HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID IS SUBMTT'1i1) BY: Republic ITS (Firm/Company Name) • Re: PROJECT NUMBER 2010 -43 CUPERT11' O COMCAST FIBER PROJECT 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino ( "City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and furnish all Work as specified or indicated in the Contact Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non - responsive. 2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100 (Advertisement for Bids), and Document 00200 (Instructions to Bidden), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening. 3. Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Site, as set forth in Document 00520 (Contract), Article 5. 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as -built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430 (Subcontractors List). 6. The undersigned Bidder understands that City reserves the right to reject this Bid. 7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute an k eliver documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to, Document 00520 (Contact), Document 00610 (Construction Pt_fcrmance- fond), and Document 00620 (Construction Labor and Material Payment Bond). 8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page. 10. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond fi unshed by a surety authorized to do a surety business in • City of Cupertino Bid Form Cupertino Comcast Fiber Project 00400 - 1 • EX HB!T A Project No. 2010 -03 the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (10 %) of the total of Bid and made payable to the "City of Cupertino ". 11. The undersigned Bidder agrees to con mence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents. 12. The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 (Contract) shall be as set forth in Document 00520 (Contract). • iy :y City of Cupertino Bid Form • Cupertino Comcast Fiber Project • 00400 - 2 EXRIB!T • Project No. 2010 -03 SCHEDULE OF :BID PRICES All Bid items, including lump sums and unit prices, must be filed in completely. Allowances and Alternative Bid items are described in Document 00800 (Special Conditions). Quote in figures only, unless words are specifically requested. Specialty Items are identified on the Bid Form in the description. SPEC EST s UNIT t RBA REF DESCRIPTION UNIT QTY PRICE TOTAL • 1 FURNISH AND INSTALL 12— STRAND ' 02200 FIBER OPTIC CABLE LF 1265 $ 6 . 0 0 $7,590 2 02200 REMOVE EXISTING SIC LF 230 $ 5 . 5 0 $1 , 2 6 5 3 02210 MAKE AND TEST FIBER SPLICES LS 1 $ 5 , 00 0 $ 5 , 0 0 0 4 FURNISH AND INSTALL FIBER 02210 TERMINATION PANEL EA 2 $500 . 00 $1, 000 5 FURNISH AND INSTALL EQUIPMENT 02210 RACK EA 1 $2, 000 $2, 000 6 02453 FURNISH•AND INSTALL #6 PULL BOX EA 5 $1, 0 0 0 $ 5 , 0 0 0 7 FURNISH AND INSTALL 3" HDPE 02453 CONDUIT LF 425 $ 3 3 . 0 0 $14 , 02 5 • 8 02453 FURNISH AND INSTALL 2" GRS CONDUIT • LF 10 $12 5 . 0 C $1 , 2 5 0 TOTAL $37, 130 Thirty seven thousand One hundred thirty Total Bid Price: (Words) • Unit Legend LS = Lump Sum AL = Allowance EA = Each SF = Square Feet .; LF = Linear Feet TON = Ton or 2,000 Pounds CY = Cubic Yards LB = Pounds City of Cupertino Bid Form Cupertino Comcast Fiber Project 00400 - 3 EXHI A • Project No. 2010 -03 • ACKNOWLEDGEME'IT OF RECEIPT OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date 0 Bidder proposes and agrees to fully perform the Work within the time stated and in strict accorrance with the Contract Documents for the sums of money listed in this Bid Form. Republic ITS NAME OF BIDDER: • licensed in accordance with an act for the registration of Contractcrs, and with license inmaber: 647154 Expiration Date: 6/30/2012 California Wade L. White, President, CE Where incorporated, if applicable Jeffrey Ash, VP, Secretary, Treasurer, CFC • Dennis L. Walther,VP Field Operation • Principals I certify (or declare) under penalty of perjury under the laws o State of C on3ia that the foregoing is true and correct. ( . • Si of Bidder Ja i ne vy a rv2--C NOTE: If Bidder is a corporation, set forth the legal name of the corporation, state where incorporated, ether with the signature of the officer or officers authorized to sign contracts on'oehalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner partners authorized to sign contracts on behalf of the Business partnership. 371 Bel Main Keys Business Address: s Blvd. , Ste.200 Y Novato, CA 94949 • • Officers authorized to sign contracts: James A. Wagner, VP Engineering 415- 884 -3000 Typed Full Name: Telephone Number(s): • 415 - 884 -48u0 Fax Number(s): - f E -Mall Address: '� �QI/� �J i 1- (OA-, • END OF DOCUMENT • City of Cupertino Bid Form. Cupertino Comcast Fiber Project 00400-4 •