80-002 G Western Well Drilling Co. Mann Station Pumps, Project 80-38oo ?, (
CONTRACT FOR ?li:,LiC I'IOR.S
RA^,_' :--,dc on July 16, 1.980
by the C1Tv, OF CUPLRMNO, a :muni ci pal corpor�.t:an of the State
of California, hersi naft`.ar call -d the C.- ty , and
WESTERN WELL DRILLING COMPANY
hereinaf ter ca -.led the Contractor.
1T IS HEREBY .CREED b y t.'ce p art i es as f o liorws .
I. T:^e Con'racl Documents . The cor..plete Caner;c cLn—
sists of t:2e io> >.owing contract document—S. G
1. The plans and specifications entitled "Mann Station Pumps,
Project 80-38".
2. Various bond and insurance requirements.
3. Bid Proposal attached hereto as "Exhibit A".
Any :1nd a I I o ations of e C1 int a n d t.h e C antrac+7 c r p. r
Set f ort`:1 and a e S C: _bed there=
All of the above dccu:.:ents dre intended to ceonerate so
that any work called for in one and not �imentioned n t.lc
or Vice PerSa, i3 to be executed the sa.Te as i = menti -tined 1:1 _1_ i
Cf salt] d-,cuments . The docurnenCB com-pri si i:g t -1-1--e cCmm"I m -e
con --"ie as tee Conte_' cl.. )ocu-
mnen`vS. lI2 CaSZ of CCni-11ct b2t;aeen t(1e ?fans azi d SCi=_Cat'? O%s
on 'Che one ha.nd5 and i:his Ccn:rac - an tit other, the
Speci__cat_ons shall nreva'
1.
2. 1h-- W, "1C Me Contractor agrees to furnfsh all c! -
th
e tools, 8cuio-ent.°-ppa?^atus, iacl_t-ies, _abor, tr a n s orta—
tion, and mate--i-n-1 :leCeS3?:y to perfoL'^ and ccomslete in ? food
and ::or'�;m:ar.l_.Le .ginner, the ;, < o_' �-
MANN STATION PUMPS, PROJECT 80-38
as called. for, and in the manner designated in, and in strict
conforr..ity aitn, the Plans and Specifications prepared by the
following na:-ced perscn:
01 Bert J..Viskovich, Director of Public Works
and adopted by the City, which Plans and Specifications are en—
titled, respectively,
Mann Station Pumps, Project 8'0-38
and which Plans and Specifications are identified by the signa—
tures of the parties to this Contract. It is understood and
agreed that said tools, equipment, apparatus, facilities, labor,
transportation, and material shall be 'furnished, and that said
work shall be performed and completed as required in said Plans
and S'oecifications under the sole di rection and Control of the
Contractor, but subject to the inspection and appro,Tal of the
City, or its representative. The City hereby designates as its
rearesent ative for the purpose of this Contract the f olloi'iino
named person:
Bert J. Viskovich, Director of Public Works
3. Contract Price. The City agrees to nay, and the
Contractor agrees to accept, in full payment for t he worn above
avreed to be done, the sum off'
.
Fourteen Thousand Two Hundred Two Dollars ($14,202.00)
subject to additions and deductions as provided in the Contract
Documents.
4. Disputes Dertaining to Payment for Wort. Should
any dispute arise respecting the true value of any war!,: done,
of any work omitted, or of any extra ;cork. which the Contractor
may be required to do, or respectin,' the size of any payment to
the Contractor during the per_'ormar.cc- of this contract, said
dispute shall be determined either by reference 'Co to .:nit of
prices, _J_f applicable, o: in accordance .�rith the agreerer•,t of
the parties, or in accordance with the rules of the American
Arbitration Association if the parties are unable to agree.
5. Permits; Compliance ;ii ;'n Law. The Contractor shall,
at his expense, obtain all necessary permits and licenses, ease—
;:ents, etc., for the cCnstrucl—ion of the project, g4 ve al_ neces—
sary notices, pay all fees required by larr, and comply with all
laws, ordlr:ances, rules and regulations relating to the :cork
and to the nreservtion of the public health and safety.
6. Inspection by the City. The Contractor shall at
all times maintain proper facilities and provide safe access for
inspection by the City to all parts of tyle :iork, and to the shops
—2—
wherein the cork is in preparation. ,•There the Specifications
require rrork 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 Work and Chanzes. Should the
City at. any tir:.e during the progress of the TlOrk require any
alterations,deviations, additions or omissions from the Sneci-
fications or Plans or other Contract Documents, it shall have
the right to do so, and the same shall in no ;•ray affect or make
void the contract, but the cost or value thereof ,rill be added
to, or deducted from, the amount of the contract; price, as the
case may .be, by a fair and reasonable valuation, which valuat- or_
shall be determined either by reference to the unit prices, T'
applicable, or in accordance with the agreement of the parties,
or in accordance with the rules of the America:- Arbitration
Assocation if the parties are unable to agree. No extra ?•;or•
shall be performed or Change be made except by a ?written Order
from the City, duly authorized by resolution of its governing
body, a-nd by all agencies .-hose approval is required by lair,
stating that the extra work or change is authori ,ed, and no
claim for an addition to the contract sum shall be valid unlass
so order --d.
8. Changes to deet Environment -a' Recu-cement 171 --
City shall have the right to mace chan=E-s in this Conzra t
o ., r r
dUri?1S t'f?e course of cons truct=on to•bring the completed i.m-
provements into compliance with environmental requirements or
standards established by state and federal statutes and reoula-
tions after, the Contract has been awarded or entered into. Tie
Contractor shall be paid for by such changes either by reference
to the unit prices, if applicable, or in accordance with e
agreement of tha parties, or in accordance .•rith the rules 0. the
Ameri can Arbitration Association if the parities are u. -.able to
agree.
9. Termination, Amendments or ~modifications. This
Contract may b terminated, amenaed or modified, ;:ith the mutual
consent of the parties. The compensation payable, if any, for
such termination, amendment or modi fi-cati ons , shall be deter-
tO the Unit price if apD1i Cab ie
mined either by reference , Or
in accordance ;lith the agreement of the parties, or in accord nce
with the rules of the American Arbitration Association if the
parties are unable to agree.
10. Ti me for Comoletion.
shall be completed
within Thirty (30) working days
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All work under this Contract
from the start of the contract.
If the Contractor shall be delayed in the ;;ark by the
acts or neglect of t c City, or its a:mployees, or those under
it by contract or otherwise, or by changes ordered in the cork,
or by strikes , lockouts by others , fire, unusual delay in trans—
portation, unavoidable casualties or any causes .beyond the Con-
tractor's control, or by delay au'horized 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 dan,
ages for delay by either party under other provisi ons in the
Contract Documents.
1. Inspection and Testing- of .i3terials. The Con—
tractor shall :.Oti fy sze City a Sufficient t_::e in a,�.,..v un e O r
w l C
the manufacture or production of materials to be supplied by
flim '.ander this Contract, in order that th-_ City t::ay ar=^3nge
for mill'Or factory inspection and t0St11'1= o.1 t."1e sa^e�, if t, he
City requests such notice from the Contractor.
12. Tar-:iinati cn =or 3reach, etc. If the Contractc,r
should be adj ud.ed a ban cruzic , oz, if he s ould malice a S-eneral
assign:-!ent for t1±e benefit of i.i5 creditors, or if a re Ce -ver
should be aDpointed.on account Oi hi8 insolvency, or if he or
any of his subcontractors should violate any of the provisions
of the _Contract, the City may serve written notice upon him and
his surety of its intention to terminate t.hp Contract, such
notice to contain the reasons or such intention to tel-Minate
t~e "antract, and, unless P. ].thin ten days after of st c::
notice, such violation shall Cease and s?t_sfactor;' arrangements
for correction thereof be made, the Contract Si�211, uo.l the
expi ration of said ten days, cease and terminate. in the event
of any such termination, the City shall=mmediately serve written
notice thereof upon the surety and the Contractor, and the Surety
shall have the ri -tt to i alae over and perform tl.e Contract ; pro-
vided, however, that, if the surety a -f thin fifteen da s art:.
the servinc- upon it of notice a- termination does not ive the
City ;drltten notice of it's intention to take over and D_ erform
the Contract, or does not cor'i-ence perfor:-ance thereof rfi thin
thirty days frSm the date of the serving of such notice
City may take over the aor:c and prosecute the sar:e to completion
by contract,_, or by any other method it may deen advisable, ;cr
the account and at the expense of the Contractor, and tale Con-
tractor and his surety shall be liable to the City for any e -
cess cost occasioned by the City thereby, and in such event tr.e
City may, voitnout. liability for so doing, talce possession of,
and utilize in ccmmleting the work, such materials, appliances,
plant and ether property belonggind to the Contractor as may be
on the site of the ;rorti and necessary therefor.
13 The City 's 7irht, to 'Hi thhold Certa n Amounts and
,Make A p a 1 i cation ='hereof in arid ition to the ar;oun on c��e
-4-
City may retain under Paragraph 21 of this Contract until t,ie
final completion and acceptance of all work covered by the Con-
tract , the City may wi-..ahold from payment to the Contractor
such an amount or amounts as in its judgment may be necessary
to pay just claims against the Contractor or any subcontractors
for labor and services rendered and materials furnished in and
about the ^nor:;:. The City may apply suc,h withheld amount or
amounts to the payment of such claims in its discretion. In
so doing, the City shall be deemed the agent of the Contractor,
and any payment so made by the City shah be considered as a
payment *hade under the Contract by the City to the Contractor,
and the City stall not be liable to the Contractor for any such
payment made in good faith. Such payment may be made ,-rithout
prior judicial determination of the claim or claims.
14. Notice and Service Thereon,. Any notice from one
party to the other under the Contract shall be in %rritinc and
shall be dated and signed either by the' party gi ving s uch notice ,
or by a duly authorized representative of such party. Any Suc:±
notice shall not be effective for any purpose ahatsoevar unless
served in the folio:ring manner: (a) if the notice is given to
the City, either by personal delivery thereof to the City 'Tana-
ger of the City, or by depositing th.-e same in the United States
mails, enclosed Jn a sealed envelope, addressed to the City,
postage prepaid and Certified; (b) 1L' the notice is given t0 the
Contractor, either by personal delivery thereof to the Contrac-
tor, or to his duly authorized representative at the site of the
project, or by deposit ing the same in the Unit- ed States :-alis,
enclosed in a sealed envelope, addressed to said Contractor at
P. 0. Box 109
San Jose, CA 95103
postage prepaid and certified; and (c) if the notice is given to
the surety or any other penton, 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, addressed
to such surety or person, as the case :,.ay be, at the address of
such surety or person last communicated by himn to the party
giving the notice, postage prepaid and cert fie d.
15. Assignment of Contract Neither the Contract ,
nor any part thereof, nor ?Moneys due or to become due thereunder,
may be assi fined by the Contractor without the prior written ap-
proval of the City.
16. Compliance wit -1h Speci fi cations of Xateri als. :'when-
ever in the Specifications, any material or process is indi cared
or specified by patent ar proprietary name, or by name of manu-
facturer, such Specifications must be met by Contractor, unless
the City agrees in wri tin;, to some other material, process or
article offered by Contractor rrhic:h is equal in all respects to
the one specified.
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17. Contract Security. T"he Contractor shall
a sarety bond in an amount at I east equal e I'�i r- z
Ua_ t0 On.. .`11:I'iCr�Q per_
Cent (100;1) Of the Cont. ct Price as security for the f3lthf.:i
performance ,of this Contract. The Contractor shall also furnish
a separate surety bond in an a::.G'u"t at least equal tc n,* sn-;
percent 1 on- hun-alr...
P { OC&J) of the contract a. -ice ce as security for the pay-ent
of all persons for I'urni Shing r:ateri 315, provisions, 7r0%' '-
a r
or Other supplies, used in, upon, for or about the Derr,r� `;.Ce
Of the work contracted to be doze or for perT,or„1�+� ;
�, a:.y 0 r:c
or labor thereor_ of any kind, and for the pa.y^:nnt of a^our;ts
due under the UneMploy Ment Insurance Code 1ti th resoect t0 such
work or labor in connction T1ith ;his Contract, and for the Day-
-ment of a reasonable attorney's fey to be fixed by the coon; in
case suit is brougiat upon the bond.
18. Insurance. The Contractor shall not cO:-,=ence ;nor?t
under this Contract until he has obtained all insurance recur re.,
under 'his Parc--?-aph and Such insurance has been aporzVv= h, the
City, nor shall the Contractor a1loT• any � J
r of suocont. ac.or .o com-
mence :rOri� G2". his subcontract until ali similar inS11r?nCe rc_
qui -red of the subcontractor has been So Obtained and approved
The Contractor shall furnish the City .;rich satisfactory r
of- the ca_ ' insurance re r� r r � p_ oc:
"�'_a�e of ns franc _ _c;;.li � d, and there small be a
snecifi.c contractual liability endorsement extending', t;;e Con-
tractor's- covera-ge t0 include the contractual 1i ability assumed
by
-.,L, e Contractor pursuant to this Contract and oartJ_cu_'ILarI
Para,Trazh 19 hereo_'. Any policy of Insurance required of tie
Contractor under this Contract shall also contain an eiidG='Selei:t
providing that thirty ('30) days' notice must be C1 vet± ' r;
to the City O - c ty _n
` �.. pe.Zdi:']. i ,a �- - _tin-
Pyr T p n.n ��. i`1 l+it liMI v s O 1 i i t .
aC-_11.�T or
of any cancellation or modification of the policy
(a) Trlor'cmen's Co:,Loer_sat'i ,n Insurar_ce and
ployer's Li abi l_ty inSllr37c T_1e-:'3CLpr s
t Con- h�il sa:tie o
and maintain during' the life •of t i S Contracv IOrtie^e n'�' �`'1_
S moo.^..D
sation insurance and Employe -"r s Li ab-" ty insurance for
3_l o
itis employees e=loved at tf.e1
SIte � O f he OrO� e CL and,
any r, -fork is sublet, the Contractor shall require the subcontrac-
tor similarly o provide* Workmen's Ccmpensatui Cn Tnsura ce and
Employer's Liability insurance for all of the tatter's erployeeS
unless such euployeeS t
are covered by the Droectlon affordOdJby
the Contractor.
In sung this Contract the Contractor makes the foi-
lorring certification_, required by Section l85_ of the Labor Code
�I am aware of- the provisions of Section
3700 of the Labor Code require every em-
ployer to be insured agains liability for
work:.}en's compensation or to undertake s--If-
insurance in accordance tri th t;�e provi siors of
the code, and Iri11 comply crith such provisions
M
before comnencinv, the performance of the ,.io-k
of this contract . "
(b) Liability insurance. The Contractor snail
taI:e out and �,-,aintain during tze life of this Contract such
Bodily Inj ury Lability and Pro-erty Damage Liability Insura:+ce
as shall p_,otect him and any subcontractor performing ,.rork cov-
ered by this Contract from claims for damages for bodily injury,
including accidental death, as ;cell as from claims for zroperty
da^age, in -eluding third -party property damage, to include COV- Li
eras*e on property in the care, custody and control of the Con-
tractor, and also in 'cluding what are commonly known as the 'tit,
C, and 11 exclusions (:saving to do viith blasting, collapse, and
underground prcperty damage), which may arise f ran Contractor' s
operations under this Contract, 11hether such operations be by
hi:-Liself or by any subcontractor or by anyone directly or in-
directly employed by either of them and the amounts of such in-
surance shall be as follows:
Bodily Injury Liability Insurance in an amount
not less than a 300,000.00 for injuries ,
Cl
L
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 'Procerty Dama=a
Liability Insurance in an an cunt not less than
$ 200,000.00 The C.t,y and its officers and
emp-lbyees, shall be named as additional insureds
on any such poli cies of insurance, which s�:all
also ccntain a provision that the insurance
afforded thereby to the City , its officers and
employees, shall be pri,.mary 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 --x-
cess insurance only.
(c) Fire Insurance . The shall- j^
iCe out and maintain I'Or t:"le be nefit of both parties �.o"this
Contr 'nsurance covering loss by fire, exten.d�verage en-
dorsement p..__ (;�rinds�orr;, hall, exp_os,;on~, riot, _ o., a�t...L..�.._
a strike) c i v i 1 con, aircraft , _Ye:�i cies , smoke) , and van-
dalism and malicious miscFi -f, uooa- she entire structure an ahicz
the cork of this Contrac-�o'be done "Lc one hundred percent
(100J") of the insure' _� value thereo-f`. __Proper evidence of such
insurance sha oe furnisred 'Co the If the
City pry es the fire insurance hereunder. , and -the Contractor
dei' broader protection than the perils of loss`b;,_fire, ex-
` , ded covera,e endorsement perils, and vandalism and :mali cicus
Supply in or ex, as the case may be, in the blanc.
-7-
mischief, the City ;rill attemot to obtain such broader protection
and the Contractor agrees to pay any additional cost for such
broader pr atection.
19. Hold Harmless. The Contractor :ri 11 sa-.e, keep ^r�
hold harmless the City and all officers , employees , and aJent s
thereof from all damages, costs, or expenses, in la,•r or in equi ty�
that may at any tim„e arise or be set* up because of personal in-
jury or da. -±age to property sustained by any person or persons by
reason of, or in the course of the performance of said work or
by reason oi' any infringement or alleged infringement.. p L -nj�.ei:1C .men.v of the
patent righ is of any person or persons , fir* or corporation in
consequence of the use in, on, or about said wor:, of any article
Or material supplied or installed un�.'er this Contract i3ot;r_th-
stand_ng the above, the Contractor shall wherever it is. necessary
keep and maintain_ at his sole cost and exper_se during the course
of his operations under this Contract, such ;�arnings, signs, and
barriers as may be required to protect the public. The provisions
of the preceding sentence shall not impose any li�abiI ; ty upon_
the City and are for the express benefit of the general public.
20. flours of' lork. Eight hours of labor during any-
one calendar day and forty hours of labor during any one calendar^
vreet, shall cons' the maxi.muiri hours of service upon all ;•ror�_
done hereunder, and it is expressly. stipulated that no laborer,
workman, or mnachani c er.^.ployed at any time by the Contractor or
by any subcontractor or suhcentractors under this Contract, un n-
the ;,crk or upon any part of the rviork contemplated by this Con-
tract, shall be required or permitted to ;rcr'c thereon more than
eight hours durincl- any one ca'_enda.r day and forty hours during
any one calendar ;,reek, except, as provided by Section 1815 of
the Labor Code of the State of Cali fornia, wor'c Der_ormed by
employees of contractors in excess of eight hours per day and
forty hours during any one rereek shall be permitted-
ermitted upon public
work upon compensation for all hours worked in excess o_, eight
hours per day at not less than one and one-half ti„�es the basi c
rate of pay. it is further expressly stipulated 't -iia -1, for each
and every violation of Sections 181.1-1815, inclusi-re, of tha
Labor Code of the State of California, all the orovisicns ,.There-
of are deemed to be incorporated herei:., the Contractor shall
forfeit, as a penalty to the City, t:•renty-five Dollars (4�325.(30)
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 .,Tomo more than
eight hours in any one calendar day and forty hours in any one
calendar ;.eek i n violation of the provisions of said Sections of
the Labor Code.
The Contractor, and each subcontractor, shall keep an
accurate record shoraing the na�::es of and actual h ours ;rorced
each calendar day and each calendar ;reek by all laborers, ;rorl�
:yen, and mechanics employed by him in connection with the crork
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 Labor La. -i En. force�,,ent of
the Depar .mint of industrial Relations of the State of California.
21. T,faze Rates. Pursuant to the Labor Code of the
State of California, or local laa thereto applicable, the City
has ascertained the :general prevailing :rate Of Derdi e ',rage s
and rates for holidays and overtire work. in the localitn
which this work is to be performed, for each craft, Classi fica—
ti on, Or type of laborer, workman, or mechanic needed to exe cut_'
this Contract. The prevailing ;rag°es so deter7dned are set fortcz •
in the Specifications and wade a part hereof. Neither the not_ce
inviting bids nor this Contract shall constitute a representation
Of fact as t0 the prevailing :v age rates upon ;:hich the Contractor
or any subcontractor under ni,m may base any claim against the
City .
It shall be mandatory upon the Contractor, and u-pon
any sub contr actor under hi.m, to pay not less than the said spe-
cified rates to all laborers, wcr'.men, and mechanics e:^ployed
in the exec'ution.of the Contract. 1t is further expressly s4 i
pulated that the Contractor shall, as a penalty to tre City,
forfeit tCrenty-rive dollars (�25.OG) for each calendar day., o"
portion t_serecf, for -each laborer, workman, or me-chani c paid less
than thestipulated prevailing rates for anir work done under
this Contract by him or by an y sub contr?ctor under hizn, __ Id Con-
tractor agrees to comply with all provisions of Section 17'5 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, supervisory
admi nistrative, clerical, or other non—manual :iorkers as suca)
for which no Amin 4. u:u,:, wacr-e rate is herein speci1-i e dhe Con t rac-
tor shall i mmedit ately notify the City, ;rhe :r:11 promptly thea e -
after d--termine the prevailing rate for such addition 7 de
or occupation_ and shall -furnish tine Contr`ctor ?.r '1 the i nir,um
rate based thereon. The minimum rate thus furnished shall be
applicable as a minimum. for such trade or occupation =rorn the
time of the initial employment of the person affected and during
the Conti nuance of such employi?lent .
22. Accident Prevention. Precaution shall be exer-
ciscd at all times for the protection of persons (including en-
ployees) and property. The safety provisions of applicable la;,rs,
bu.ildins- -and construction codes shall be observed. 1 achin`ry,
equipment, and other hazards shall be guarded or eli minated in
accordance aith -the safety provisions of the Construction Safety
Orders issued by 'the Industrial Accident Commissicn of the State
of California.
23. Payment. Not later than the 15th day of each
calendar month, the City :rill make partial pay-ment to the Co:._
tractor on the basis of a duly certified'approval esti nate of
the wor=k performed and materials incorp crated in the project,
during the BreCedi ri7- calendar month, by the Contractor', but the
City will retain ten percent ( 10 of the jr7
ariount of each of said esti-nates until the expiration of thirty -
1_1 (35) days from tale date of recording by the City of notice
of acceptance of co:-Oletion of all -rrork covered by this Contract,
if such notice be recorded crithin ten days after the acceptance
o -f cormletion of such Contract as evidences by resolution. of
its governing body; or, i f such notice be, not so recorded within
ten days, until the expiration of ninety-five (95) days after
the acceptance o= completion of such dorlc of improvement as evi-
denced by resolution of its governing body, at crhi ch time and
not before, the City shall pay to the Contractor the whole of
the remaining ten percent 10 ,;) of Said contract
price So held back as provided; said cer'ifi bates t0 be fLlr:IiShed
by and obtained from the City ' s representative stating that the
payMent or install:cent is due upon the basis of :cork completed
and the amount then due and the City's representative shall, be-
fore the 15th of each month, deli ver said certificates funder
his hand to trig Ci ty, or in lieu of such certificates, S!lail de-
liver t0 the Contractor, in writing, under his :land, a just and
true reason for not issuing the certificates , including a stata-
ment of the defects , i f any, to be remedied, to entitle the
Contractor to t1a cert l.ficate or certificzles . in event of c'ne
failure of the City's represen`ati ve to furnish and deliver sai d
Corti ':icates or any of them.. or in lieu thereof , the wri ting
aoresaid, ;lit: in ten (ZO) days alter the 'lines aforesaid, and
a_"ter :mitten demand has been Trade upon him for the sane, the
Contractor may file demand with the City, and, in event said
certificates are not furnished rithin 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 comz'iance by the
Contractor ;rith the requirements of said rri ting shall entit'.e
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 lace.
24. Protection of Pub li c Uti liti eS The CI -11-y shall
be responsible, as between the parties to 'alis Contract only, for
the removal, relocation. or Drotection of ex-isti ng public Utili-
ties, i f any , located on the s to of construction, but only if
such public utilities are not identified by the City in ;.he
Plans and Specifications male a part of. the invitation for bids.
-10-
Me City shall compensate the Contractor for costs incurred in
relocating or repairing damage 'Co utility facilities not indi-
cated in the Plans and Specifications, other than service lat-
erals when the presence o£ such utilities On the construction
site can be inferred from the presence of such visible faclli-
ties as buildin-s , and meters and junction bo::es on, or adja-
cent to, the construction site. The Contractor shall not be
assessed liquidated damages for d. -lay 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 .for the removal or relocation of the existing utility
facilities. If the Contractor while peri or7d.n; the Contract dis-
covers utility facilities not identified by the City in the Con-
tract Plans and Specifications, the service laterals as herein-
above described, he shall immediately notify the City in writing.
. 25. Contractor's Responsibili tv for the Work. The
Contractor Shall not be responsibly 'or tie cost of repairi n-
or restorin da:ma:,e to the wars caused by an act Of God. N=1iElR-
MIEEL SS., the Contractor shall, if the insurance premium is a
separate bid i ter:, obtain the insurance to indemnify the Citj*
Z, any damage to the ,•cork caused by an act of God. "Acts of
Cod" shall include only the following Occurrences or: conditicns
and effects : earthquabes and tidal ;raves, when such occurrences
or conditions and effects have been proc? aimed a disaster or
state of emergency by the Governor of the State of Cal i form a
or by tiie President of the United States, or were of a Magni tude
at the sl V-- of the .rcr'.t sufficient to ha,re caused a proclzmat;cr.
of disaster or stats of emergency having occurred in a populated
area. Subject to the fora going, the City shall no', 'r. any ..ay
or manner, be answerable or sumer loss, damaje, expense or
liability for any loss or danag-- that may happen to said bui ld-
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. The Contractor una uali-
fiedly guarantees the first-class quality of all workmanship and
of all materials, apparatus, and equipment used or installed by
him or by any subcontractor or suppi_ier in the project which is
the subject of this Contract, unless a lesser quality is expressly
authorized in the Plans and Specifications, in which went the
Contractor unqualifiedly guarantees such lesser quality; and
that the work as performed by the Contractor Trill conform with
the Plans and Specifications or any :•:ritten authorized deviations
therefrotl. In case of any defect in work, materials, apparatus
or equip:mant , 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 DamaPes. Time shall be of the essence
of this Contract.. If the Contractor fails to complete, within
the time fixed for such completion, the work hereinbefore men-
tioned and described and hereby contracted to be done and oer-
lormed, he sh-all become liable to the City for liquidated dam-
ages in the sum of
i Fif y Dollars
dollars (� 50.00 for each and every day during --rhiciz
said doric shall remain uncomz)leted beyond such time for coy:mle-
tion or unlawful extension thereof, which sum shall be presll�-ad
to be the a-iount of damage thereby sustained by the City since
it aould be i:^oracticable or extremely difficult to fix the
actual damage; and the amount of liqu=dated d•smages may be de-
ducted by the City from moneys due the Contractor hereunder,
or his assigns and successors at the tine of co,.
Tplet4 on, and
the Contractor hereunder, or his assi=ns and successors at tine
time of completion, and his sureties shall be liable to the
City for any excess.
28. Additional Provisions
-12-
I41-4 WITNESS WHEREOF, the parties have executed this
Contract , i_I duplicate , the day ar.3 year first aereinabove
written.
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk//
Notary acknowledgment required.
If a corporation, corporate seal
and corporate notary acknowledgment
required.
CITY OF CUPERTI1,10, a municipal
corporation of t' -:Ie State of
California, herein called
the City
By .
r yon
WESTERN WELL DRILLING CO., LTD.
herein called Contractor
By
N. T. Bradford, Jr.
President
STATE OF CALIFORNIA
On this ......2nd........ day of ••••....JULY ............ in the year one thousand nine
COUNTY OF..Santa Clara hundred and .......H ............. before me, .... r?AYO W .... RUCKER
a Notary Public, State of Cali ornia, dui commissioned and sworn, personally
N T. B RADY1ORD , Y.R Y.R.
appeared....... '......................................................................................................
..............................................................................................................................
■rrru.
FFFICIAL SEAL known to me to be the person ..... whose name .....T.S..... subscribed to the within
O
YW. RUCICER instrument and acknowledged to me that ..... he..... executed the same.
NOTA s,: PULLIC — CALIFORNIA IN WITNESS WHEREOF I have hereunto set my hand and a
PRINCIPAL OFFICE IN THE (fixed my
t, Sant
COUNTY OF SANTA CLARA official seal in the ................,,...,
My Commission Expires Jan. 14,1984 in this certificate first abov wr my of .................... `� re day and year
ary Public, State of California
MAY'G "[n1':""RUC KE R
Cowdery'S Form No. 32—Acknowledgement—General (C. C. Sec. 1190a) My commission expires ... 1.-14-84
. Printed 12/72
STATE OF CAUFORNIA )
ss.
COUNTY OF SAYZA CL.RA)
On , 19 , before me, the undersigned, a
Notary ?ublic in and for said State, personally appeared
known to ma to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
WIMMIESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION 3CMTVvLZDGM=.
STATE OF CALL - CF."TZA
ss.
COUNTY OF • ►TTA CI AIU)
On June 25 , 1980 , before me, the undersigned, a notary
Public in and for the said State, personally appeared
N. T. Bradford, Jr. , known to me to
be the president of Western Well Drilling Co., Ltd. , the
corporation `.hat executed the within Inst—.ument, 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 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 written.
Notary Public in and for the County
of Santa Clara, State of California
IA�`'N S TAT IO N PUMPS W e y�yvn. C
PROJECT 80-38
TO THE DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO, STATE OF CUIFORNIA: D11 A
Dear Sir:
In compliance with the specifications furnished for the Kann Station Pumps,
Project 80-38, I, the undersigned, hereby declare that .1 have read the
proposal requirements and hereby propose to do all work required to complete
the said work in accordance with the Specifications and/or Plans for the
amounts set forth herein on the incorporated schedule.
The work shall be the providing and installing of ? each vertical turbine
pumps as outlined on the Plans or required to complete the work. Included
shall be all "clean up". All work shall be accomplished in a workmanship
like manner and will meet or exceed the embodied requirements and/or the
standards of the City.
A bid bond in the amount of 10� is required. Award shall be to the lowest
bidder. However, the City Council reser,.-as the right to reject any or all
bids.
PROPOSAL Page 1/4
L -NIT
7T1TCE TOTjr
/L -S . s6Q42
,'T .J. 37260
NESTERN ,'BELL CR1LL1"d; CO., LTD
ESTIMAXED
3 1 D
QUAiTITY
ITEM
UN'IT
I= i
1 .
1 each
Provide and 1P_s tail a r J :IP
pump (Type 3) complete for
Six Thousand gine
Hundred ='arty
Dollars; ... S .
2.
1 each
Provid.: and zstail a 73 HP
pump (Type S) complete fer
Seven Thousand
TTrro Hundred
_TTx 1. Ver
Dollars/L.3.
PROPOSAL Page 1/4
L -NIT
7T1TCE TOTjr
/L -S . s6Q42
,'T .J. 37260
NESTERN ,'BELL CR1LL1"d; CO., LTD
BLD DUCJ'.•IF"-Fr5, contxnuea
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, the undersigned
submits the following statements as to his experience and to his qualifica-
tions as a part of this proposal, and the t:uth=ulness and accuracy of the
information is hereby guaranteed.
(1) How many years has your organization been in business under its
present name? 49 vears
(2) 'Bow many years' zxperience in work. comparable -pith chat required
under the proposed contract has your organization had by =hi: or
any other name?49 years.
(3) Contractor's LicenseVo. 25192 State of Cal--'for__ia,
Classification C57 S,�
(4) List wore{ similar in charac_ar to that requirac in :.-Ie oroposad
contract which your organization or personnel is .your organisation
has completed within the past three years.
.ear Class, Location o:. '.+or'c and nor
Citv of Curertino ''aricus
San , 'se :dater :,'orks it
°urissima Hills G;ater 711 -strict "
City of Palo Alto "
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-eART`tERSH:P ,
STATE THE FTIMI NAt1E AlYD LIST- THE VAIKES OF ALL INDIVIDUAL CO_pAttT.jzRS
COITOSING THE FIMM. IF A CORPORATION, STATE LEGAL NAME OF COR0RATION,
ALSO, 141NIES OF PRESIDMU, SECRETARY TREASURER -UM HMAGFR. THE CORPORATE
SERI. MUST BE AFFIXED.
TYPE OF BUSINESS: Individual
Cc-Partnershia
Corporation 'NELC DRU01,G CO., CTr.
Joint Venture
Other
(describe)
VA:•IE A� iD
SIGZUTT_RL OF 31DDER:
Daca June 3, 1980
Addenda Racaived:
1 2 3 4 5
Prorosal Page 4/4
TERIy S'Ic li1G CO .L LTD.:
N.71'. 3rn.dford ?r es Lien v
Florence ". Bradford. Sect/r,-rens.
N.^ Eradford Jr. "an.a.ger
0.0. 3ox 1C9
Address
San Jose, Ca. '?5103