80-013b Robert Quatman, Incorporated, Three Oaks Park, Project No. 80-28-,
CONTRACT FOR !'U'5!.rIC t-/ORK
,;
, COH',f!"_~CT -""de on July 16, 1980
by the c~.:rt OF CtiPER'rrNO, a municipa.l cOr;lora.tion of tee State
, .
of Callrornia. hereina.fter calied the C1.ty ~ ,and
ROBERT QUATMAN, INCORPORATED,
hereinafter called the Contractor.
IT !S HEa=::aY',AGHEED by the parties as follows :
'1. The Contract Docu=ents. ~ne co~lete C~ntr~c~ con-
s.ists of the '£,ollo\.1ng contract documal'lts:
A. The Plans and Specifications entitled "Three Oaks Park,
Project 80-28"
B. Various b9nd and insur~nce requirements,
C. Bid proposal attashed hereto as "E:mibit A"
Any :mc! all obli~at1ons of the City I?nd the Contractor are tull!,
set forth and described therein.
All olthe above doctl.'=lents are intended to cooperate SCI
that a:ty work called for in one and no'tmentioned i.n the other.
or vice versa, is to be executed'the sal!'!e as if mentioned in a.ll
'cf said doc~nts. The documents compriSing the complete con-
tract a.~ so~times hereinafter referred to as the Contract Docu-
ments. In case of: c.,n.f'J.1.ct between the Flam; a .... ld Spec1tlcat:Lons
on toe one haed. and this Contract on the other, the ?la."llS and
Specifications shall preya1~.
2. The \I!C'rk. T.:r'le Contractor agrees to furnish' aJ.l or
the tools. equi.p:::a!~nt, 3.pparat"'.1S, facilities. labor, transporta-
tion. and ma:terial necessary to pel'i'orm and cOl!!ple';:e in a good
and 1'lorl.~m.ll'l11ke r.4l.".nner, the "(ork ot:
Three Oaks Park, Project 80-28
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as oalled. for, and in the manner desi~ated in, and in strict
conforrity ~ith, the Plans and Specifications p~e?ared oy the
following -na.: .... d person: .
• Bert J. Viskov.i.ch, Director a.f Public Works
and adopted ~y the City, whioh Plans and Specifications are en-
titled, respeotively,
Three Oaks Park, Project 80-28
and which Plans and Specifications are identified oy the signa-
turesof the parties to this Contract. It is understood ~~d
agreed that said tools, equipment, apparatus, facilities, labor,
transportation, and material shaJ.l oe furnished, and that said
wor,k: shall be perfo:rmed and completed as required in said Plans
and Specifioations under the sole direction and oontrol of the
Contractor, ~ut subject to the inspection ~~d approval o~ the
City, or its representative. The City hereby designates as its
representative for toe purpose of this Contract the folloli'ing
named person: -
Bert J. Viskovich, Director of. :eublic. Works
3. Contract Price. The City agrees to pay, and the
Cont~actor agrees to accept, in full payment for the wor'", abova
a.greed to be done, the sum of.
One Hundred Seventy Four Thousand Five.Hundred Twenty-Nine Dc11ars ($174,529.00)
subject to additions and deductions as provided in the Contract
Documents.
II. Disputes Perta.!.ning to l?aYll'.ent for \>Tork:. Should
any dispute arise respec~ing the true value of any work done,
of any ''lor'", Omitted, or of any extra work. which the Contractor
maY be required to do, or respecting the size of any payment t6
the Contracto~ during the perrorman=~ of this contract, said
dispute shall be dete~ned either by reference to the ~~it of
prices, if applicable, or in accordance with the agreement of
the parties, or in aocordal'lce \fith the-rules of the A:'l!er.ica.~
Arbitration Association if the parties are unable to agree.
5. 'Permits; Comoliance ~tith talL The Contractor shall,
at his expense, obtain all necessary ·permits and licenses, ~ase
ments, etc. ,for the construction of the project, give all neces-
saX"J notices, pay all fees required oy la~t. and comply with all
laws, ordir.ances, rules and regulations relating to the work
and to the preservation of the public health and safety.
6. Inspection by the CLty. The Contractor shall at
all times oaintain prope~ facili~ies ~~d provide safe access for
inspection by the City to all parts of· the ':ror!c, and to the s:;.ops
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,.jherein the ~Iork is in preparation. rfnere the Specifications
require ~/ork to be specially tested or approved, it shall not
be tested or covered up without ti~ely notice to the City of
its readine~s for inspection and ~tithout t:!le approval th.ereof
or consent thereto by the latter. Shoul.d any such ~Iork be
covered up without sucb notice. approval. or consent, it must.
if required by the City. be uncovered for exa-~nation at the
Contractor's e;pense.
1 .. Extra or Additional 1Iork and Chan~s. Should the
City at a"'lY time during the progress of the l·lork require any
alterztions. deviations. adCitions or omissions from the Speci-
fications or Plans or other Contract Doc~T.ents. it shall haVe
the right to do so. and the same shall in no way affect or cake
void the contract. but the cost or value thereof will be added
to, or deducted from, the amount oft~e contract price, as the
case may be. by a fair al"ld reas onable valuati·on, which valuation
shall be determined either by reference. to the unit prices, if
applicable, or in accorda"lce ,-Ii th the agreement of the parties,
or in accordance witb the rul.es of the America"l Arbitration
Assocation if the parties are unable to agree. No extra ~lOrk
shall be performed or change be made except by a written order
from the City, duly authorized b7 resolution of its governing
body, and by all agencies ~lhose approval is required by 120;1,
stating that the extra work or change is authorized, a."ld no
claim for an addition to the contract S~T. shall be valid unless
. so ordend.
8. Cha~ges to Meet Environmental Reouiremcnts. The
City shall have the right to make cha~ges 1n this Contract
during the course of constr~ction to·bring the co~leted im-
provements into compliance with.environmental requirements or
standards established by state a~d 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 ~r1th the
agreement ot: the parties J or in accordance '·lith the rules of t:'e
Amerjcan Arbitration Association if the parties are unable to
agree.
·9. Termination l Amendments or Modifications. ~nis
Contract may be term:i.nated, amended or modified. ,11th the mutual
consent of the parties. ~ne compensation payable, if any, for
such ter.n1nation, a~~n~~ent or modifications, shall be deter-
mined either by reference ~o the unit price, if applicable, or
in accord~~ce ~ith the agreement of the parties, or in accordance
''lith the rules of the American Arbitration Association if the
parties are unable to agree. .
10. Time f'or Comoletion. All ~rork under this Contract
shall be completed [
before the expiration of One Hundred (100) working days from the approval of
the contract.
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If the Contractor shall be delayed 1n the l'IOr'..< by the
acts or neglect or the City, or its dlll?loyees, or those under
it by contract or other-trise> or ';:)y c:han;;es ordered in the \'rOrK,
or by strikes, lockouts by others, fi.:"e> unusu!!..l delay in trans-
portation, unavoidable casualties or ~~y causes.beyond the Con-
tractor's control, or by delay authorized by the City, or by
any cause 'tThich the CHy shall determine justifies the delay,
then the time of completion shall be extemied accordingly.
This paragraph does not exclude the recover-! of d&~
ages for delay by either party ~~der other proviSions in the
Contract Documents.
11. Ir.spect:!.on ~~d Testin~ of Materials. The Con-
tractor shall notify t~e City a sufficient ~ime in advance of
the manufacture or production of materials to be supplied by
him under this Contract, in order that the City rr~y arrange
for mill' or factory inspection and testing of the same, if the
City requests such notice from the Contractor.
1.2. 'l'er:nination for Breach I • etc. Ii' the Contractor
should be adjUd6ed a b&,krupc, or if he should m~{e a general
assignment for elle benefit ot: his cr.editors, ,or if a receiv;!r
should be apPointed.on account of his 1~solvency, or if he or
any of his subcontractors should violate any of the proVisions
of the' ,Contract, the City may Sel""le' \.,ri tten notice upon him and
his surety of its intention to terminate thp. Contract, such
notice to contain the reasons' for such intention to terminate
the Contract, a,''lC:, unless \'lithin ten days after servir:.s' of sltch
notice, such ;~olation shall cease and satisfactory arrangements
for correction thereof be made, the Contract shall, upon the
expiration of said ten days, cease a~d ter--inate. In the event
o'f any such termination, the City shall immediately serve ~rr1 tten
notice thereof upon the surety and the Contractor, snd the surety
shall have the r1grlt to t~~e over and perform the Contract; pro-
vided, ho,.,ever, that, if the surety '<r!thin t:ifteen days after
tbe serving upon it of notice of termination does not gj.ve the
City written notice of its intention to t~~e oVer and perform
the Contract, or does nO.t commence perforhl~"Ice thereof ~Tithin
thirty days from the date of the serving 9f such notice, the
City may t~~e over the work and prosecute the same to completion
by contract, or by any other method it may deem ad'~sable. for
,the account a~d at the expense of the Contractor, and the Con-
tractor and his surety shall be liable to the City for any ex-
cess cost occasioned by the City thereby, and in such event the
City may" >-:ithout liability for so. dOing, t~(e possession of.
and ut1l1z~ in completing the work, such materials, appliances,
plant and ether property belonging to the Contractor as ~~y be
on the site of the work ~~d necessary therefor .
• 13. The 01 t:{' s i'ii !tht to Hi thhold Certa! n A.mount sand !·~a!ce A'oJ:)lication The::"'eof. In· arldition to -che amOUllC l'ihlch the
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I
C1ty may retain under Paragraph 21 of th1s Contract unt11 the
1"inal completion a.."ld acceptance 01" all I'lork covered by the Con-
tract, the Ci~y may withnold from pay~~nt to the Contractor
such an ~o~~t or amounts as in 1ts judgment may be necessary
to pay just claims against .the Contractor or any sUbcontraccors
1"or labor a..~d servic~s rende~ed and mater1als furnished 1n a..~d
about tne l·tori;~ The City· may apply suC;n \'/ithheld amou."lt or
amounts to t~e payment of such claims in its Ciscretion. In
so dOing, the City shall be deemed the agent of the Contractor)
and any payment so made by the City sh""ll be considered as a
payment made under the Contract by the City to'th~ Contractor,
and the City shall not be liable to the Contractor for a.."lY such
payment made in good 1"aith. Such payment may be made without
pr10r judicial determination 01" the claim or claims.
14. Notice a..~d Service Thereof. Any notice f!'o!ll. one
party to the other under the Contracc shall be in writing, a.."ld
shall be dated and signed either by the' party giving such .notice,
o!' by a duly authorized rep!'esent ati ve of such party. Any such
notice shall not be effecti'le for any pu.."'Pose \·matsoever u..."lless
served in the follo\·ring manner: (a) 11" the notice is given to
the City, either by personal delivery thereof to the City Ma.."la-
ger of the City, or by depositing tne s~~e in the Un1ted States
mails, enclosed in a sealed envelope, addressed 'to the City,
postage prepaid and certified; (b) i1" the notice is given to 'ehe
'Con~raetor, e1ther by personal delivery thereof to the Contrac-
tor, or to his duly authorized representative at the Site of the
project, or by depositin~ the same ~n the United States ~~11s,
enclosed in a sealed envelope, addressed to said Contractor at
22390 Thunqerbird Place
Hayward, CA 94545
postage prepaid and certifi~d; and (c) 11" the notice is given to
the surety or any other person, e1tber by personal deliVery to
such surety or other person, or by depositing the s~~ in the
United States mailS, enclosed in a sealed envelope, addressed
to such surety or pe.rson, as the case may be, at the address of'
such surety or person la~t communicated by h1m to the party
giving the notice, postage prepaid and certified.
. 15. As~~gnment of Contract. Neither the Contract,
nor any part thereat, nor moneys due or to become d4e thereunder,
may be assi~"led by the Contractor without the prior written ap-
proval of the C1ty.
16. COl!ltll1ance \Vi th Soecifications 0 f Materials. ifnen-
ever in the Specifications, any material or process, is indicatea
or specified by patent or proprietary name, or by name of manu-
facturer, such SpeCifications must be met by Contractor, unless
the 'City agrees ~n writing to sow~ other material, process or
article offered by Contractor l<{hieh is equal in all respects to
the one spec!fied.
•
17. Contra.ct Seeurit". 'The Contractor shall furnis:i
a surety bond in an amourlt. at least equal .to one hu..'1dred per-
cent (lOaS) of the contr~ct price as security for the .faithf:.:.l
per1'orr.;ance •. 01' this Contre:ct. The Contractor shall also furnish
a separate surety bond in an ~ou..'1t at least equal to on~'hu~~red
percent (laC~) of the contract price as security for the payment
of aJ.l persons for furnishing materials, provisions, ,ro'T1:mder,
or other supplies, used in. upon, for or about the per-formal'!ce
of the wor.!.: coilt:racted to be don!!. or for performing any :·ror:c
or labor thereor. or any kind~ and for the paycent of amounts
due u.."lder the Unemplo:7l:l13nt Insurance Code ,·rith· respect; to such
wone or labor in connection with this Contract, and for the pay-
ment or a reasonable attorney1s fee to be fixed by the court in
case suit is brought upon the bond •
. 18. Insurance. The Contractor shal.l·not COll'.:llence :'Fork
under this Contract until he has obtained all insurance required
under this paragraph and such insurance has been approved by the
City, nor shaJ.l the Contractor allO~'l any subcontractor to com-
mence .... ,orl(; on his subcontract· until all similar insurance re-
qu1~d of the slJbcontractor has been so obtai~ed and approved.
Z~e Contractor sball furnish the City ~ith satisfactory ~roof
o~the carriage of insurance required, and there shall be a
specific contractual liability endorsement extending the Con-
tractor's covera~ to include ~he contractual liability assumed
by the Contractor pursuant to this Contract and particularly
'Paraa;raph 19 hereof. Any pollcy of insurance requirec. of the
, Contractor under this Contract shall also contain an endorsement
proViding that thirty' (30) days' notice must be given in '1riting
to the City of any pending change in the limits of liability or
of any cancellation or modification of the ~olicy.
. , .
(a) vlorlonen' s COlll'Oensat'ion Insura!'lce and Em-
ployer's Liaoil't1 Insurance. The Contractor shall ~ake .ou~
and maintain during' the life' 0 l' this Contract \'!orkmen' s Co:npen..;
'sation Insurance and Employer's Liability Insurance for all of
his employees e~loyed at the site of the project and, in case
any work'is sub~et, the Contractor shall require the SUbcontrac-
tor similarly to provide' Work:nen's Compensation Insur~~ce and
Employer I s Liab:ili ty I:lsurance for al2 of' the latter'.;; employee s
unless suen 'employees 'are covered by the ~rotect:ion afforded by
the Contractor. .
In signing this Contract the Contractor ma.1(es the fol-
10''l'ing certification, required by Section 1861 of the Labor Code:
BI am ru1are of' the proVisions of Section
3700 or the Labor Code which r~quire every em-
ployer to be insu~d agains~ liability for
work~h's comoensation or to undertake self-
insurance in accordance ~{ith the provisions of
the cO(ie, and I ,illl cor.rply ,dth such prOVisions
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before commencing the performance of the I ... or:<:
of this contr:lct."
(b) Liability !nsur2nce. Tne Contractor shall t~~e out ~~a maintain during the life of this Contract such
Bodily Injury Llabili~y and Property Da~~ge Liability Insur~~ce
as shall protect him and any subcontractor performing' work cov-
ered by this Contract from claims for qamages for bodily lnj ury,
including. acc1dental death, as ~lell as from claims for property
da::-.age, in :cludlng third-party property damage, to include. cov-L
erage on property in the care, custody and control of the Con-
tractor, and. also ini!cluding vshat are commonly knol'iO as the "X, C.
C, and U" exclusions (having to do l'lith blasting, collapse, ~~d
underground p::'operty damage), ~lhich ma;r arise trom CO'ntractor's
operations under this Contract, whether such op~rations be by
himself or b~7 any subcentractor er by ~~yone directly' er in-
directly empleyed by either of them and the amounts ef such in-
sur~~ce shall be as follows:
Bodily Injury Liability Insurance in an amo~~t
not less than $ $300 ,000.00 ---for injuries, (
including acciuental death, to' ~~y ene person,
and, subject to' the same l~~t for each person, L-
in an ameunt not less th~~ $ 500,000.00 ---. on
account of ene accident, ~~d Property Da~a~e
Liability Insurance in an amount not less than
$' 200,000.00 ---. The C'::'ty and its efficers and C
employees, sball be n~d as additional insureds
on any such policies ef insurance, l'lhich shall
also contain a prevision that the insurance
afforded thereby to the City, its officers ~'1d
employees, shall be primary 1nsurance to the
full limits of li3.bility of tile policy, and
that, if the City, or its efficers and'e~p10yees,
have ether insllranc~ against a less cevered by
such'policy. such other insurance shall be ex-
cess insurance only.
Tnsurance.
take he benefit of
Cont act ins rance c erin less by fire:> exte
ement p rils '(I,/," dstor., hail, expl sion.
a trike, . vil co otion, aircraft, v . icles, smoke) > and v-.-
alism and malicio s Misch ef upon th entire structur on wAich
the ~Ierk f this ontract is to' be d ,e to en h~,dre percent
(100%) 0 the in able v ue the::-; r. Prop r evide ce f 0 1 ucb
insura~c shall e furois ed to th • I the
City pr vides e fire i surance ereund~r, and th ContI' cter
desires brea r pretecti tha he perils of 10 by fi !!. :~: /
tended age endorseme t . rils, and va da sm and mal~
w Supply in er ~, as the case may be, in the blank.
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!!l1sehief J the Cl ty I ... ill at'tempt to obtain such orca::!!r :lrotection
and the Cont ractor agrees to pay any additional cost :or such
broader protection.
19. Hold Har~less. The Contractor will save, kee?, a~d
hold harr.~ess the City anu all offlcers, employees, and agents
thereof fro!:! all da!:!a.ges, costs, or expenses, in la ... T or in equity,
that may at any time arise or be set' up because of' personal in-
jury or da:~age· to property sustained by any person or persons b;T
reason of, or in the course of the performa~ce of said "'lorir., or
by reason ot any infringel:!ent or alleged infringement 'Of' the
patent rights of any person or persons, firm o·r corporation in
consequence of the use in, on, or about said 1·,or1::, or any article
or material su'O'Olied or installed 1.1nder this C'Ontract. Not\of1th-
st.anding the above, the C'Ontractor shall .~therever it is. necessary
keep and maintain at his sole cost and expense during the course
'Of his 'Operations under this C'Ontract such warnings, signs, and
barriers' as may be required to protect the public.. The provisions
of the preceding sentence shall not impose any liability upon
the City and are for the express benefit of the general pu~lic,
20 •. Hours of toJ'ork. Eight hours 'Of: labor during any
one calendar day ~nd forty hours of labor durin~ ~~y one calendar
week shall constitute the maximum hours of service upon all I-Fork
done hereunder, ~~d it is eX9ressly sti~ulated that no laborer,
workman. or mechanic er.ployed at any time by the Contractor or
by ~~y subcontrac~or or suhcontractors ~~der this Contract, upon
the l';or!<: or upon any part of the "TOr'" contemplated by this Con-
tract. shall be required or permtted t6 ~V'crk thereon more than
eight hours durin~ anyone calendar day and forty hours during
anyone. calendar TIFeele. exce:;>t, as pr'Ovided by Section 1815 of
the Labor Code of the State of California, \'lorlc per!~oI'!l".ed by
employees of contractors in excess o·f eight hours per day and
forty hours during any one ~teek shall be permitted upon public
work upon compensation for all h'Ours "Forked in exce.ss of eight
hours per day at pot less than one and one-half times the basic
rate of pay, It is further expressly stipula.ted that for each
and every violation. of Sections 1811-1815 , inclusive, of the.
Labor Code of' the State 'Of California, all the :;>rovisions ,,,here-
of are deemed to be inco~'Orated herein, the Contractor shall
forfeit, as a penalty to the City. twenty-five Dollars ($25.00)
for each laborer, workman, or mechanic e!:!pl'Oyed in the execution
of this Contract by C'Ontract'Or, or by any subcontractor under
. this Contract, for each calendar day during ~thich said laborer,
~torkman, or mecha."'lic is required or per:n.1tted to t'Tori<: more than
eight hours 1n a"lY one calendar day and forty .hours in anyone
calendar week 1n Violation of the prOVisions of said Sections 'Of
the Labor Code. .
The Contract'Or, and each subcontractor, shall keep an
accurate :'scord sho~ting the nacss or and actual h'Ours ':lorked
each calendar day and each calendar ~/e~k by all laborers, I'/ork-
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men, and mechanics 'er:lPloyed oy him in con:leccion ~'[i th the ~lork
. contemplated by this Contract, ~lhich record shall be open at
all reasonable hours to the inspection of che City or ics offi-
cers or age:lts &,d to the Division of Labor Law Enforce~ent of
the Department of Industrial Relations of the State of California.
21. Wa~e Rates. Pursuant to the tabor Code of the
State of Calit'orn:!.a, or local la,'[ chereto applicable, the City
has ascertained the seneral prevailing'rate of per diem I·rages
a.,d rates for holidays and overtime I·rork i:1 the locality in
,·rhich this I'fork is to be perrorrr.ed~ for each craft, classifica-
tion, or type of leborer, ~ ... orkman. or mechanic needed to execute
this Contract. The prevailing I.-ages so determined are set. forth
in the Specifications and ~~de a part hereof. Neither the notice
inviting bids nor this Contract shall constitute E representation
of fact as to the prevailing wage rates upon ~rhich the Contractor
or any subcontractor under him may 'oase any claim agnnst the
Oi t" . . • .
!t shall be mandatory upon the Contractor, and upon
any subc~r.tractor ~~der him, to pay not less than the said spe-
cified rates to all laborers, workmen, a.,d me~~anics employed
in the exec~tion,or the Contract. ~t is further expressly sti-
pulated that the Co~tractor shal~, as a penalty to the City.
for!.:!it t,~enty-!.'ive dollars ($25.00) for' each calenc.ar day, or
portion thereof, :~or each laborer, ~10rkma."1., or m=cha."liq paid less
, . than -che, st i;:n:J.ated. p~vailin.g ra'Ces for: any ~'1crk done under
this Contr~ct by him or by any subcontractor ~,c.er him; and Con-
. tractor agrees to comply with all proVisions of Section +775 of
the Labor Code.
. In cage it becomes necessary for the Contractor or a.~y
subcontractor to emplo~' on the project unc.er this Contract any
person ~n a trade or occupation (except executives, super-risory,
administrative, clerical, or other non-ma!1ua.~ \'10rkers as such) ..
for which no ~~nimum wage rate is herein specified; the Contrac-
tor shall il:lmed;L",tely notify the City J l'l'ho '11:!.1 pro::;ptly there-
after determine the prevailing rate for s~ch additional trade
or occupation and shall -fur:1ish the contractor ~lith the minimum
rate based thereon.' ,The minimum rate thus :furnished shall be
applicable as a m1n!m~~ for such trade or occupation ~rom the
time of the initial em?loyment of the person affected and during
the conti!!uance of suc!l employment.
22. Accident Prevention. Precaution shall be exer-
cised at all times for the protection of persons (including em-
_ ployees) and property. The safety prOVisions of appli cab 1e laNs,
buildine; a."'ld coastructio:1 codes Shall be observed. i.lachine!"J>
equiprr~nt, and other hazards shall be guarded or eli~inated in
accordance ~lith -too: sa.fety provisions of the Construction Sa.fety
Orders issued by ·the Industrial Accident Co~~ssion of the State
of California.
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23. Payment. Not later than the 30th day ot' each
calendar monto. tne Ci:y ','rill make p,artial' payment to the Con-
tracto:' on the l:iasis oJ: a duly 'ce:-tified approval esti:tate of
the wor~ perf~r=ed and materials incorporated in toe ~roject,
during the 9receding calendar montb, by the Contractor, but t~e '
City .. 1ill retain ---ten ---percent ( 10 %) or the
acount ot' each ot' said estimates until the e~p1ration of thi:'ty-
five (35) days from tbe date of recording by the City of notice
of acceptance of co:pletion of all worA covered by this Contract,
if such notice be recorded ~fithin ten days after the acceptal''lCe
o'r co!!!pletion of such Contract as evidenced' by resolution ot' ,
its governing body; or, it' such notice be not 1O0 recorded \'/ieb.in
ten days, until the expiration of ninety-t'ive (95) days after
the acceptance of completion of such ~'tork of improveoe!'lt as evi-
denced' by resolution or its governing body, at I·thich time and
not 'before, the City shall pay to the Contractor the ~'lhole of
the remaining ---ten ---percent ( 10 ;:) of' said contract
price so held back as provided; said certificates to be fUrnished
by and obtained from the City1s representative stating that the
payoerit or install:tent is due upon the basis of work complezad
a.."ld tbe amOlh"lt then due and the City's representative ,shall, be-
fore the 15th of each month. deliver. said certificates l.t."lder
his hand to the Cgy, or in lieu of such certi!'icates. shall de-
liver to the Contractor. in writing, under ois hand. a just ~~d
true reason for not issuing the certificates, including a state-
cent of the -defacts,-. if a."lY. to be ~:nedie:l, to entitle the
Contractor t:j tha Certificate or certi.ficates. In event of.' 'che
, failure of the City 1 5 represerttati ve to furnish and deli -J'er said
certi'L'icates or any of them~ or in lieu thereof, the \'1riting;
aforeSaid, "rithin ten (10) days after the times aforesaid. and
after written dema.~d has been made upon him for the same, the
Contractor may file demand wito the City. and, in event said
certificates are not furnished ~Ii,th:!.n ten (10) days thereart er,
the same shall become due and payable~
In case the City1s re'presentative delivers t'he ~triting
aforesaid. in lieu of the certificates, then a compliance by the
Contractor with the reqUirements of said writing 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 'H'ork 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 subj ect to iihat-
ever inspection and appro'Tal may be required by la\'I.
24. Protection of Public Utilities. ~ne City shall
be responsible. as between the par'ties to this CO!'ltract only. for
t~e 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 b J' th,; City in i:he
Plans and 'Specifications made a ,art ot'. the invitation for bids.
-10-
• 1.
. 1
Z~e City shall compensate the Contrac~or for costs incurred in
relocating or repairing dama~2 to utility facilities not indi-
cated in t~e ?lans and Speci£~cationsJ ot~er than service lat-
erals when the presence of such utilities on the construction
,site can be inferred from the presence of such visible facl1i~
ties as buildings, ~~d meters and junction bo~es on, or adja-
cent to, the construction site. Z~e Contractor shall not be
assessed liquidated damages for delay in completion of the Con-
tract project, 'as provided in Paragrap!) 27 belo:i, l~hen such de-
lay is caused by the failure of the City, or other public ~tility,
to provide .~or 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 in the Con-
tract· Plans and Specifications, the ser-rice laterals as herein-
above described, he shall immediately notify the City ~n writin~ •
. 25. Contractor l s Resoons:!.bil1tv for the Hork. The
Contractor shall not be responsible for tne cost of repairing
or restoring d~~a;e to the w~rk caused by an act of God. l~VER
THELESS> tne Contractor shall, if the insurance premi~~ is a
separate bid item, obtain the ·insurance to indemnify the City
for ~"ly damage to the ,lork caused "Oy ~"l aC.t of God. "Acts o£
God" shall include only the follol·tin!; occurrences or. conditions
~~d effS! cts: earthq ua."es ~r;d tidal ~ta ves, ;-/hen s uch occ~rrences
or conditions and e~rects have been proclair.~d a disaster or
state of emergency by the Governor of.the ,St~ta of California
• or b~' the President of the United States, or were of a magnitude
at the site of the ilcr!( surri:ient :0 ha',e caus~ed a, pr-oclamat!cn
of disaster or state of emergency havipg occurred in a populated
area.: Subject to the foregoing, "the .City shall not, :in any \10.:1
or manner, be ansl1erable or suf.fer loss, damage, expense or
liability for any loss or da~ag2 that may happen to s~~d build-
ing, work, or equi"pment or any part thereof, or' in, on, or about,
the sar.e during its construction and before acceptance. -.
, 26. Contractorls Guarantee. .The Contractor unquali-
i'ied1y guarantees the .first-class qt:alit~' of all llforkmanship and
of all materials, apparatus, and equipment used or installed by
him or by any subcontractor or supplier in the project whic~ is
the subject of this Contract, unless a lesser quality is expressly
authorized in the Plans and Specifications, in l~hich event the
Contractor unqualifiedly guarantees such lesser quality; .and
that the t'10rk as performe!! by the Contractor ~lill conform Ilfith
tbe Plans and Speci.fications or any ~ritten authorized deviations
therefrOI!l. In case of a.."lY dei'ect in l..-ork, materials, apparatus
or equipment, whether latent o~ patent, revealed to the City
within ,cne (1) year of the d::.te of accectance of comoletion of
this Contract by the City, the Contractor wili forthwith remedy
such defect or d/i!fects \"/ithout cost to the Ci.ty_
21. Liauidated Dama~es. Ti~ shall be of the essence
of' thi's Contract.. II' the Contractor fails to complete, ~lithin
-ll-
. -. ..
the time fixed for such corn?letion, the work hereinbefore men-
tioned ~~d described and hereby contracted to be do~e ~~d per-
fo~~d, he shall become liable to the City for liquidated dam-
ages in the sum of -- -Fifty ---
dollars (.$ ~-50.00--). for ea.ch and every day during l-thich
said '-lork shall remain uncompleted beyond such time for comple-
tion or u.'''l.la,-rful extension thereof. ~Thich su.-n shall be pres umed
to be the amou.~t of damage thereby sustained by the City since
it I.-ould be impracticable or extrer.:elY difficult to fix the
actual dam.ags; 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 cO::t?letion, 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.
, ' ... . . ~ .... : "' ..
•
-12-
-
STAIE Oi' CALn'OIUtU )
) SSe
COtmT'l!' OF S&rr..~ CI.ARA.)
On , 19_, before ma, t.i.e undersigned, a
Noury :ilubllc in and for said S!:ata, person.ally appeared _
i •
~----~----~~--~----------~--------------~--~~~~~~--~~--' known to :::.e. to be the persons whose. aame.s are subscribed 1;0 the ~dt.i.in
Instrument, a'Cli ac:.k.nwledged to ma that they exe.cuted the same.
WI'I'NZSS my hand a'Cli official seal.
ST.L."'E OF c..u.r:::Cl.'1.!lll )
A l oV)'\ea 0. .... .)
COUN'tY OF AltA e[MA)
SSe
Notary Public in and for tbe. Coun'C)'
o~ Santa Clara, State of California
On :5\ )[)J i ,19..lsQ, befor~ me, t.i.e undersigned, a 1'Iotary
Public in a'Cli for t~ said State, personally appeared
_....,. __ ....iR~ ..... (""J .... ) ..... ! ......l.Q~. :0.1.1 ""AQ+:b...\...LV\I).I..l.l.oQw:IO...I-_....,.-:--___ ....,._. k:lown to me t~· ...
be the YVfsidfl1± . of ~06Rrt Qu;kalQ ! TV\u! ,che
corpora cion ::hat executed the wj, !,b~ n Ins tl:'UCle.n t, knoVil to Cle to be ::he pers on
who executed the wi:nin Inst:uoent, on behalf of the Corporation herein cemed,
and a<:k.nowledged to me that such Corporation executed the same.
IN WI'I!l!SS HBEREOF, I have hereuuto set my-hand and affi."ted my official
seal in the County of Santa Clara the day and year in this certificate firs t
above written.
Not . c in and for the County
of Santa Clara, State of California
..
II; 'l'II'l'liESS t-IHEREOF ~ the pa:'t1es have executed this
Contract. 1:1 c.upl.1cate, the day and year .f.1rs t herei:1above
\<iritte:1. ..
APPROVED AS TO F01U~: CM!~
City Attorney
ATTEST:
Notary acknowledgment required.
If a corporation, ecrporate seal
aDd ecrporate notary acknowledgment
req'Uirecl.
CITY .oF CUPERTINO, a municipal.
corporation o~ the S:ate of
Cal1.fo:::':U.a, herein ca.J.J.ed
the City
here·in calJ.ed Contractor
-l3-
State of CALIfORNIA
County of t';\n.AMEiJA
. OFFlC1AL SEAL
GARE!' SMITH
NOTART PUBLIC' CALIFORNIA
COUNTY OF ALAMEDA
Uy Commission Expires Jut, 20.1082
On July 7, 1980 ,before me, the undersigned,
.. a Notary Public of said county and state, personally appeared
DALEMARIE ROBINSON
known to me to be the Attorney-in-Fact of
THE AMERICAN INSURANCE COMPANY
~--------~--~--------~--~~~------------~---, the Corporation that executed the within instrument, and known
to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and ackoowledged to
me th~t such Corporation ~e s~
n NOTARY PUBLIC
J>XJ>r.:U1'J>U iN UUFJ.,lr.:Al'E BOND' SC 632-7963
FAITHFUL PERFORMlU~CE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, Robert Quatman, Incorporated
as Principal and THE AMERICAN INSURANCE COMPANY
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of One Hundred Seventy-Four Thousand Five Hundred Twenty-Nine Dollars
($ 174,529.00 ) lawful money of the United States, for the payment
of which will and truly to be made, we bind ourselves, our heirs, executors,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION' of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated ____________________ _
with the Obligee
to do and perform the following work to-wit:
THREE OAKS PARK, PROJECT 80-28
NOW, THEREFORE, if the said 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.
IN WITNESS WHEREOF, this instrument has been duly
::: ::r:::n::i:y :r::ciPal
day
of ----J-U-L-Y-------R-o~19
executed by the Principal
80
and Surety and acknowledgment.) (~
By:
/r:
~rincip 1
I
\
, INC.
TH AMERrCAN rNSURANCE COMPANY
Surety
Attorney-in-Fact DALEMARIE ROBINSON
The above bond is accepted and approved this ____ ~day of ________________ , 19
STATE OF CALIFORNl.';' )
)
COU~ OF SANTA CLARA)
55.
On ,19 , before -,me, the undersigned, a
Notary Public in and for -said State, p;r5onallY appeared
known to me to be the persons whose na~s are suoscribed to the within
Instrument, and ,acknowledged to me that they executed the same.
raTNESS my hand and ofUcial seal.
~otary Public in and for the County
of Santa Clara, State of California
-----------------------------
CO RPORATION AC".aI'Ol,;t.EDG2!ENT
STATE OF CAUFOR.'!TA )
Alam <?-do.... ) 5S.
COt~ OF ~AN!A CLARA)
On \. lU./fi J
Notary Public in d for the
• 19 ~ , before me, the undersigned, a
said State, personally appeared
6': td Quaf-mOI7 , known to me
to be the ill'S d'1'I1/: of &6ett Q(jolmon ,:rhc; the
co~oration that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Co~oration herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, r 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.
No in and for the County
of Santa Clara, State of California
KIRK
NOTARY PUBLIC
AI.med. County. Cllitf",rni,
M,/ commiuron Oc.t. 3, 1980
I I I I
\
LABOR A.'lD HATE RIAL BCOID
KNOI" ALL HEN BY THESE PRESE~T:
WHEREAS", the Cit}· of Cupertino, State of Calif'ornia, and
Robe'rt Ouatman. Incorporated
hereinafter acsignated as "PrinCipal!' have entered into or are about to ~nter
into a contract providing for the ins tallation, cons t ruction, and erc ceien by
Princip,al of certain impr~v"ments more particularly described in s"id contract;
and
WHEREAS, 'said Principal. is required to fu~"ish a bond in co;mectioCl ',ith
said coittract', prodding tha't, if said Principal, or "ny of his or its sub-
contrs'ctors, shall fail to pay for an.y materials J jJrovisiou$ t prov2ndar or
,other. ~upplies or t2ar.:s ust1d in, upOl.i, for or about the performllnee of the
''Work contrac~ed to ba. done,. or (or tlny '<lork 9r labor done therl10n of any kind·,
:'the surety on "aid bond shall pay the same to the extent hereinafter S<2t forth;
Not,. THEREFORE, «e, the, Principal, and
THE AMERICAN INSURANCE COMPANY
as surelY, findy bind our:s~lves. our executors, ndministt'"Rtors t SUCC2.S$O!;,S
aj:\d 'aSs:igns, Jointly, and se.veralll" unt~ the Cicy qf Cupe,rtiao, and 'my aCld,
all materialtlen, pe'rsons t companias" or corporations furnishing :Tlate ri. ;ils "
. provis'ions to ~l~~"v2nde'r~ or other supp-li\3s 'used ~n, upon, for ox:: ~bout the ?~r
form~nce of the 3.foreso.id \.;ork cC)n·tract~d to be eXecuted 0= ;:>3rior::::=:d unde,r the
contract hereinabove :::en~ioncd, p,nd. all parsons J cOfilp.anias or cqrpot'"ari,.1:'l.s lend ....
ing or. hi'ring ta.:!:ns, i::!p12::u:mts or machin~ry, rot'" ot'" contribu;:ir.g to 5...li;:i ·.'.~ork
to be .. doc.e, and ali p;rtions ~~'ho perform \vork or labor upon tl:e: 3CiC.~, .al'lC a.!.l
persons h'ho s'..lpply'bo~:) i,ork and onateria1s, \-:hose claim has root Jaen paid by
Principal or by any other person, ill the just and £ull sum of . , . .
,One Hundred Seyenty-Four Thousand 'Five Hundred TWenty-Nine Dollars
($ __ 1_7_4..:..5_2_9_,_0_0 ______ ..:) ,
":lIE COlmr -J)j OF THIS OBLIGATIO:: IS SUCH T:JAT if said Princi?al, il is L~ its
subcontractors, !leirs, "l!xl2cutors) .:ldininistra.tors,· successot:3 or assigns, S:I:3: t 1
fail to P&y for any matoarials, provisions, provender or other supplic$ or t:~a.m.s
used in, upon, for or about the performance of the ';·!ork cQntl'acted to be \lo;'!e,
or for any '('.'ork or l2bor theraOll. of any kind) or for amoun ts due und,J:!:, t;lt? tin-
employment Insurance Act ~i1:h resp~t.:t to such '-/ork or l<)bor, then sa.id SI';;:e.cy
~?ill pa}~ the s.:::o.,; and :1!50 ~:ill pa)~ in case suit is broubhc ';?on t~!is '~"e:)d)
su eh reas-onab i!o1 at to r;::ay I s fe.e. as shall ba f1x~d by the COl...> rt .
This hond sh311 inure to the! benefit af any and all p-nrS0rtS, Gu:.-_?:::ti~s, 31ld
corporations antitied tv file claims under S~ctiOll 118':'.1 of: the Cude i)f Ci'".il
Procedure, so as to giv~ 3. r;:.ight of action to them or their ':1..551(;[1$ in ~my Ruit
b,ought' upon this bond.
" -
.. : ' . -';S' . , .. _
" ' ___________ .~___ _~-. .t.~
, '
d. '," ." ,-
State of CALIFORNIA
County of ALAMEDA
omcw. seAL
GAREE' SMIfH
NOTARV PUBLtC ~ CALIFORNIA
COUNn OF "LAUEOA
fA, Commiulon Elplrts Jut, 2(1:.1982
On .7 II 1!1 7. 1980 , before me, the undersigned,
.a Notary Public of said county and state, personally appeared
Dalemarie Robinson _~CC:
known to me to be the Attorney.in-Fact of
THE AMERICAN INSURANCE COMPANl
---------------------------------------------------, the Corporation that executed the within instrument, and known
to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to
me that such Corporation c~:s~~ . ,_ /
~LIC
I tnbol ,
, .1 ... '.
l' aga 2
Anti the said Surety. for valu~ rec"iv"d. hcrully stipulates, ,!lld "grces
thDt no ch~tli;C t extension of tim..!, alteration or ~lJdition to the terms of
the contract or ·to the' work I:d be p(!rforr.:.,d ther(!undar or tlla speCifications
acc:or.lI'::Iny.lng tho sa"" 5\1<,,11 ·in any \Jise ,,(fece il:s obligations on I:his bond,
and it does hereby "'''ive notice oC ::Iny such change, ex.l:cnsion oi time, all:cr-
atlon or addition 1:0 ehe terms of the contract or. to the work ;:'1:' to the speci-
fications.
IN I'ilT:-iESS KHEs.EOF. this inseru:::ent: has by the l;'.rincipill
! and SUfety this 7TH day of ___ J_U_L __ Y ________ ~~~_l
(To be signed by
. Principal and Surety
and ackno",ladgmen t
and notarial 5aal
.. tachcd.) ,
By:
INSURANCE COMPANY
ty
~~R~
.Attornily-in-Fact DALEMARIE ROBINSON
The above bond is accepted and ap?:o\'ed this _____ --'d ay 0 E
_---____ , 19 __ ,
, .
, . .
"
• ..
STATE OF CALIFOR..'lL'I. )
) ss.
COUNTY OF SANTA CURA)
On ,19 ,before ·.me. che undersigned, a
Notary Public in and for.said State, personally appeared
known to me to be the.?ersons ~hose names are subscribed to the ~thin
Instrumen~, and.a~~nowledged to me that they executed che same.
lITTNESS my hand and official seal.
Nocary Public in and for che County
of Santa Clara, State of California
CORPORATION AC.oIOtVLEDGEfENT
STATE OF CALIFOR..'lL\ )
Alo.meda.... ) 5S.
COt'NTI OF SA:ffA CURA)
Nota~npubl~~J ahd
l
Eor
, 19 8() , before me, the undersigned, a
the said State, personally appeared
___ -'-KL..:....W=;...._..:Q~u=a'_+:..;VY\..:...:..o.::;;;..;..n:....!... ___________ , !mown to me
to be che _+P...!(...:.e~s,--,id""",,,e.,,-n~L-._~:-:---:::-_ of6c1ertQuofuoVJ .Jhe., the
corporation that ~~ecuced the within Inscrument, 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 ~ame.
:'; .
IN WITNESS WHEREOF, 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 <n'itten.
Not in and for the Councy
of Santa Clara, State of California
EJ!mmnlll!l!I1!HlIlllllII!mlllHlIIH!!!"iijl!~flfnlnlllllnmIlUJm",
Ei 7'":t... JORJA L KIRK =
~ :',,?, \.. NOTAIIY PUBLiC iii ~ .. "j,. '~"i AI"lTliHh County. C"liJorhia i ~' '-'l_:'''','' My eornmluion expir., Oct. 3, 1~80 ~
illmllllJnlIIHIIUI'IIlIlIlIlIlIlIU!I!UU!!!IUUUIII!!!IIII!UlIIUlI!!!IUllllfii
.-
B
BAYLY, MARTIN" FAY, INC.
5050 BRONJWAY
OAKLAND, CA 94611,
IE!;: (415) ~l8O.Q
/!HD ADDRESS Of INSURED
Robert Quatma.n, Inc.
2239.0 Thunderbird Place
lIayWard, CA 9.4545
TYPE OF INSURANCE
[j] COMPREHENSIVE FORM lXI PREMiSES-OPERATIONS IX] EXPLOSION AND COlLAPSE HAZARO lXJ UNDERGROUND HAZARD
r.::1 PRODUCTSICOMPLETED W OPERATIONS HAZARD (X) COI'ffflIGTUAl INSURANCE
r:;J BROAD FORM PROPERlY UJ DAMAGE 50 INDEPENDENT CONTRACTORS IiJ PERSONAL INJURY
LIABILITY
~ COMPREHENSIVE FORM
OWNEO
H~RED
NON.oWNED
IiJ UMSREtLA FORM c:J OTHERTHANUMB~
FORM
and
EMPLOYERS' LIABILITY
OTHER
POLICY NUMBER
FMP 2823
BAP 150196
LU 4530
PC 936550
COMPANIES AFFORDING COVERAGES
COMPANY A Utica Mutual LEITER
COMPANY B Republic Indel!lllity LmE:R
COMPANY C LETT£ll
COMPANY D LETTER
COMPANY E LETTER
POLICY
EXPIRATtoN DATE
5/1/81 BODILY INJURY • 500
5/1/81
5/1/81-=
10/1/80
PROPERTY !lAMAGE $ 100
80011.'( tI'«.IUR't' AND
PROP£RTY OAMAGE $
COMBlN£O
PERSONAL INJURY
eOOILY INJURY (EACH ACCIDENT)
80011. Y INJURY AND
PROPEliT\' OAMAGE·
COMBINED
$
•
.300
.2,000
• 500
$ 100
•
• 500
AND EMPLOYEES ARE ADDITIONAL .INSUREDS. THIS INSURANCE SHALL BE
PRIMARY TO THE FULL LIMITS OF LIABILITY OF THE POLICY AND IF THE CITY, OR ITS OFFICERS AND
EMPLOYEES HAVE OTHER INSURANCE AGAINST A LOSS COVERED BY THESE POLICIES, SUeR OTHER INSURANCE
BE EXCESS ONLY. JOB: THREE OAKS PROJECT 80-28. CUPERTINO, CA.
Cancellation: Should ,any of the above ~es<f!(J>ed pOlicies, be canc~lIed. before the expiration date thereof, the issuing com·
pa~y wlil~ mall __ days written nollce to the below named certifica.te holder, ~
Wki!l'ijkllliH!!f ApSIS k1 A 'ililij!QtljX
NAME ANO ADORESS OFCERTlflCATE HOLDER:
City of Cupertino
10300 Torro Avenue
Cupertino, CA 95014