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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 -3- 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. -5- 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