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1 RESOLUTION NO. /..:I~.s-,C)
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT FOR THE
CONSTRUCTION OF A PUBLIC PROJECT, TO-WIT: UNDERGROUND GASOLINE STORAGE TANKS
3 AT CITY YARDS AND FIRE STATION NO. 10.
4 BE IT HEREBY RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO that SPENCER AND JONES is the lowest responsible bidder for the
6 construction of a public project, to-wit: Underground Gasoline Storage Tanks
7
at City Yards and Fire Station No. 10 in accordance with Specification No.
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4916; that all other bids therefor are hereby rejected; that the contract
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therefor is hereby awarded to said bidder; and that the Mayor of the City of
San Bernardino is hereby directed to execute said contract, a copy of which
is attached hereto, marked Exhibit "A" and incorporated herein by reference
as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing.resolution was duly adopted by the
Mayor and Common Council
of the City of San
- ",
thli ;;l~day of'
~/,I.vJ
, 76, by the
14
Bernardino at a
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AYES: Councilmen (~-:7~~ 1f-~//#-'s'~~~J .
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ABSENT: '7~
meeting thereof, held on
fullowing vote, to-wit:
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NOES:
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The foregoing resolutiort is hereby approved this .~~~
C}/~ , 1976;
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day of
27
Sr rna~o D
Ap~oved " t.~ form:
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LUCILLE GOFORTH. Citx ClerK
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STATE OF CALIFORNIA
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JUI. 0 '.~ 1976
FINANCE DEPT.
CITY OF SAN BERNARDINO.
CITY OF SAN BERNARDINO
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FOR
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CONTRACT DOCUMENTS
PLANS AND SPECIAL PROVISIONS NO. 4916
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UNDERGROUND
GASOLINE STORAGE TANKS
AT
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CITY YARDS
AND
FIRE STATION NO. 10
Department of Public Works
, Engineering Division
City of San Bernardino
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June 1976
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NOTICE INVITING BIDS
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NOTICE IS HEREBY'GlVEN that the City of San Bernardino will receive bids or proposals for:
UNDERGROUND GASOLINE STORAGE TANKS AT CITY YARDS AND FIRE STATION NO. 10, IN ACCORDANCE
WITH SPECIAL PROVISIONS NO. 4gl6, ON FILE IN THE OFFICE OF THE CITY ENGINEER, ROOM 405,
CITY HALL.
Deliver all bids to the City Engineer's Office, Room 405, City Hall, 300 North "D" Street,
,San Bernardino, California, with the specification title and number clearly marked on the
outside of the envelope.
Said bids or proposals will be received up to the hour of 2:00 p.m~ June 15,1976
, at which time,all of said bids or proposals will be publicly opened,
examined and declared in the Conference Room, City Engineer's Office, Room 405, 300 North
"D" Street, San Bernardino', California.
No bids will be received unless it is made on a proposal form ,furnished by the City. All
bids or proposals shall be signed, sealed and accompanied by cash, cashier's check, certi-
fied check or bid bond made payable to the City of San Bernardino, in the amount of ten
percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that
the bidder will enter into the contract if awarded to him. In the event the bidder refuses
to execute said contract, the use by the public of the improvements will be delayed, and
the public will suffer great damage. ' From the nature of the case, it would be extremely
difficult and impractical to fix said amount of damage. Therefore, the City and the bidder
agree that the above sum of 10% shall be paid to the City upon the condition above set
forth as liquidated damages and not as a forfeiture. All bonds furnished pursuant to this
notice must be underwritten by a surety company having a rating in Best's most recent Insurance
Guide of "A" or better.
Pursuant to law the Mayor and Common Council of the City of San Bernardino, by Resolution
No. 5718 and any and all amendments thereto which are hereby referred to and made a part
hereof by reference as fully as though set forth at length herein, have ascertained and
determined the general prevailing rate of per diem wages, and of per diem wages for legal
holidays and overtime work for each craft or type of workman needed in the execution of'
contracts under jurisdiction of said Mayor and Common Council.
Said prevailing rates of wages shall conform to "Wage Scales for the Six Basic Trades",
filed in ,the Office of the City Clerk, and ,the "Sub-Trades Hourly Wage - Rates of Building
and Construction Trade Council of San Bernardino and Riverside Counties", filed in the
Office of the City Clerk, which are made a part of said Resolution No. 5718 and amendments
thereto.
It shall be mandatory upon the contractor to whom the contract is awarded and upon any sub-
contractor under him, to pay not less than said specified rate& to all laborers, workmen,
and mechanics employed by them in the execution of the contract, and to prevent discrimin-
ation in the employment of persons because of race, creed, color, or national origin, as
set forth in the provisions of Resolution No. 7414 of the Mayor and Common Council of the
City of San Bernardino.
No bid will be accepted from a contractor who is not licensed in accordance with the pro-
visions of Chapter 9, Division III of the Business and Professional Code.
The City of ,San Bernardino reserves the right to reject any and all bids.
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Plans and specifications may be obtained from the City Engineer's Office, Room 405, City
Hall, 300 North "D" Street, San Bernardino, California 92418.
City of San Bernardino
By: LUCILLE GOFORTH
City Clerk
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June 8, 1976
File No. 6.54
ADDENDA NO, 1
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SPECIAL PROVISIONS NO. 4916
UNDERGROUND GASOLINE STORAGE TANKS
at
CITY YARDS
and
FIRE STATION NO. 10
The Plans and Special Provision~ are hereby modified as follows:
1. Delete Item #9 of Paragraph 2.02. The electrical installation for
the pump operation will be done by others.
2. Sheet 2 of plan No. 4916 has been revised as dated June 8, 1976,
Delete the previous sheet. A copy of the revised sheet is attached
herewith.
3. All bidders shall acknowledge this Addenda,
C. GLENN WILSON
Director of Public Works/City Engineer
~_:~
THOMAS C. BARNETT
Assistant City Engineer
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Attach.
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Qe 11, 1976
FUe No. 6.54
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ADDENDA NO. 2
SPECIAL PROVISIONS NO. 4916
UNDERGROUND GASOLINE STORAGE TANKS
AT
CITY YARDS
AND
FIRE STATION NO. 10
Plan No. 4916, Sheet No. 2 has been revised, June 11, 1976, to delete the
replacement of A.C. pavement. A copy of the revised plan is attached.
C. GLENN WILSON
Director of Public Work~/City Engineer
~~BARN~TT ;
Assistant City Engirleer
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. PROPOSAL FORM
'l'O TIlE MAYOR AND COMMON COUNCIL OF
TIlE CITY OF SAN BERNARDINO:
The undersigned declares that he. has carefully examined the location
of the proposed work, that he has examined the plan and read the accompanying
instructions to bidders and hereby proposes to furnish any and all required
labor, materials, transportation and service for UNDERGROUND GASOLINE STORAGE
TANKS AT CITY YARDS AND FIRE STATION NO. 10, in strict conformity with Plans
and Special Provisions No. 4916, City of San Bernardino,Department of Public
Works, and also in accordance with Standard Specifications No. 2271, City of'
San Bernardino, revised May, 1974, and he proposes and' agrees if this proposal
is accepted, that he w1l1 contract with the City of San Bernardino, in the form
of the copy of the contract annexed hereto to provide all necessary machinery,
tools, apparatus and other means of construction, and to do all the work and
furnish all the materials specified in the contract, in the manner and time ~here-
in prescribed, and that he will take in full payment therefor the following unit
prices or lump sum prices, to-wit:
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PLAN NO. 4916
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[TEMS
QUANTITY
DESCRIPTION OF ITEMS WITII
UNIT PRICE WRITTEN IN HORDS
UNIT
PRICE TOTAL
1
Lump Sum
Furnish and install 6,000
Gallon Underground Storage
. Tank complete, including all
appurtenant facilities,'as
called for on plans,and
Special Provisions No. 4916
at the lump sum price of
Four Thousand One Hundred
Ninety~four and no/l00.
Lump
Slim $ 4.194.00"
r
Furnish and install 9,970
Gallon Underground Storage
Tank complete, including all
appurtenant facilities, as
called for on plans and
Special' Provisions No, 4916 '
at the 'lump sum price 0
S ven Thousand ~s
Fourteen and no/l00.
Lump
Sum
$ 7.914.00
2
Lump Sum
. i
tUne Hundred
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TOTAL $12.108.00
ACKNOWLEDGED: Addenda .No. 1 dated June', 8. 1976
Addenda No. 2 dated June 11. 1976
~:' TIle unit price must be written in words and also shown in figures.
The total price must be extended for each item of work ~nd the total
of all items inserted in the space provided.
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In case of a discrepancy between works and figures, the words shall
prevai,l.
It is the understanding of the undersigned that tl1e work hereinabove
described shall be conunenced within '10' days from: the date of the "Notice to
'Proceed", and shall be completed withih 30 calendar days from the date of said
notice.
The undersigned further agrees that in case of default in executing the
contract, or furnishing necessary bonds, all within the specified time, the
proceeds of the Bidder's Guaranty accompanying this proposal shall be for-
feited to the City of San Bernardino.
Licensed in accordance with an act providing. for the registration of
contractors, License No. 184669 ,Classification B-1
FIRM NA1'lE:
SPENCER & JONES
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If an individual, so state. If a firm or co-partnership, state the firm
name and give the names of all individuals, or co-partners composing the firm.
If a corporation, state legal name of the corporation, also the names of the
president, secretary, treasurer and manager thereof.
SIGNATURE OF BIDDER:
10th St. Colton CA 92324
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BUSINESS ADDRESS: P. O.
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SPENCER & JONE.S
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E. Derrell West
.President
I
I V ice Pres ident
Keith Spencer
Georlle Spencer
Secretary
Howard Brady
Treasurer
Dated: June 15
, 1976.
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OA. Document No. A-31D (February 1970 Ed.) 0
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FlREMAHS FUND
FIREMAN'S FUND INSURANCE COMPANY
THE AMERICAN INSURANCE COMPANY
NATIONAL. SURETY CORPORATION
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
".1_" _UR"Net c:o......_.
BID BOND
KNOW All MEN BY THESE PRESENTS, that we,
SPENCER & JONES
as Principal. hereinafter called the Principal. and THE AMERICAN. INSURANCE COJ~PANY
a corporation duly organized under the laws of the State of NEW JERSEY
as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF SAN BERNAROINO
as Obligee, hereinalter called the Obligee, in the sum of TEN PERCENT OF THE AMOUNT BIO--------------------
--------------------------------------------------------------- Dollars ($-- (10%) ----------- l,
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assign's, jOintly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid lor
UNDERGROUND GASOLINE.STORAGE AT CITY YARD & FIR~S1ATION #10
,
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the PrinCipal shall enter into a contract with the Obligee
in accordance with the terms 01 such bid, and give such bond or bonds as may be specified in the bidding or contract documents with.
good and sufficient surety for the faithful, >performance of such contract and for the prompt payment of labor and material furnished
in the prosecution thereof, or in the eyent of the failure 01 the Principal to enter such contract anc::l give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the {amount specified in said bid and
such larger amount for which the Obligee may in good faith contract with another party to perf~rm the work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full lorce and effect. . t...
Signed and sealed this
11TH
day of
JUNE
A.D. 1976
I State 01 I l.-
County of LOS ANGE,+Ss,:
On JUNE 11, 1976
there,in, duly commissioned and sworn, personally appeared
, before me, a Notary Public in and lor said County and State residing
ALFRED C. SPANG '
kno:wn to me to be Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY
the ~ corporation described in and that executed the within and foregOing instrument and known to me to be Ih . h
th 'd . . b . e person w 0 executed
e SOl JOstrument In ehalf of the said corporation, and he duly acknowtedged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my.hand and affixed my official seal. the clay and
OFFICIAL SlAl
MARCIA A. MQSKUS
P"/N,-;;PM orne! 11'1I
lO~ ANGE'lf"S COUNTY
My Commission
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AND WHEN RECORDED MAIL TO
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Address
City L
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GENERAL POWER OF ATTORNEY
THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing
under the laws 6f the Statc of New Jersey, and having its Home Office in the City and County of Son Francisco, California, has made,
constituted and appointed, and does by these presents make, constitute and appoint
J. A. CHRIST AND ALFRED C. SPANG,
jointly or severally
ils true and lawful Atlorney{s).in-Fact, with lull power and authority hereby conferred in its name, place and stead, to execute, seal,
acknowledge and deliver any and. all bonds) undertakings) recognizances or other wri tten obliga-
tions in the nature thereof
.. ;
and to bind the Corporation thereby as fully and to the same extent os if such bonds were signed by the President. sealed with the
corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s}-in_
Facl may do in Ihe premises.
This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of THE AfERICAN INSURANCE COMPANY
adopted on the 7th day of May, 1963, and now in full force and eflect.
"Artida VIII, ,-lppoitltlllcnt and Authority of Resident ,hsi8'tant SCCTctOn'CS, and AUOTtlCl/s.in_Fact and Agent. to accept Legal Proce" and Make
.11/lwaraIH'es. I
Section 30. AJlllOintlllf'l1t. The Chairman of the Board of Directors, the President. any Vice.President or any other person authorized by the Board
of DlTeclors, the Cnairmon of the Board of DIrectors, the President or any Vice-President, may, from lime to time, appoint ReSident Assistant Secretaries and
Allorneys-in.Fact to rcp:{i's<,nl and act lor and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behall of
the Corporalion.
S<'ction 31. .-tutlIQritll. The Authorily 01 such Residenl Assislant Secretaries, Atlorneys-in-Fact, and Agents sholl he as prescribed in the instrument
eVidenCing their appoinlmenl, and any such appomtment and all authority granled thereby may be revoked at any time by the Board 01 Directors or
by any person empowered to make such appoinlrnent."
Thi~; r'owcr of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors
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SPECIAL PROVISIONS
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SECTION I
GENERAL
1.01 General -- The work embodied herein shall be done in accordance with
the Standard Specifications No. 2271, revised May, 1974, of the City of San
Bernardino, insofar as the same may apply, and as modified and in accordance
with the following special provisions.
1.02 Conflicts -- In case of conflict between the Standard Specifications
and these special provisions, the special provisions shall take precedence over
and be used in lieu of such conflicting portions.
1.03 Permits -- Prior to commencing work the Contractor shall obtain and
pay for all necessary permits from the City of San Bernardino Building Department.
1.04 Installation Requirements -- The installation of the tanks and
associated facilities shall comply with and be controlled by the Uniform Fire
Code 1973 Edition. Prior to performing any work the contractor shall obtain
approval of the proposed installation from the City Fire Department (Chief Bill
Kimble 383-5388). The required permit will then be issued by the City Building
Department. Inspection of the installation will be by the City Fire Department.
Contact City Equipment Superintendent (383-5220) for entrance to sites and details.
SECTION II
GENERAL DESCRIPTION OF WORK
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2.01 Bid Item No.1
Furnish necessary labor, material and equipment to complete the following:
1. Furnish and install 1- 6,000 gallon underground storage tank.
2. Siphon new 6,000 gallon tank to existing 6,000 gallon tank.
3. Furnish 1- 4" fill riser, 1- 4" fill cap and 1- 12" fill box.
4. Form and pour 1- 12' x 25 t concrete slab over new tank to match existing
slab.
5. Include 25 ton of sand for partial backfill.
Exclude the following:
1. Patch paving.
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2.02' Bid Item No. 2
Furnish necessary labor, material and equipment to complete the following:
1. Furnish and install 1- 9,97(1 gallon underground storage tank.
2. Furnish and install 1/3 H.P. lighted pump with vapor hose and nozzle.
3. Necessary product piping.
4. Vapor Recovery for Phase I & II per San Bernardino County A.P.C.D.
5. Furnish and install Coxwells Air & Water reels.
6. Tank fittings, angle check valve, tank riser w/4" fill cap, 12" fill
box and vapor recovery box.
7. Partial sand backfill (25 tons).
8. Tank slab - 12' x 30' x 6" w/6.6.l0 wire mesh and small pump pad.
9. Electrical, installation for pump operation.
10. Air and water piping (Contact Al Angelo, Equipment Supt. 383-5220).
Exclude the following:
1. Patch paving.
SECTION III
FINAL ACCEPTANCE
3.01 Final Acceptance -- Prior to acceptance the installations shall be shown
to operate to the satisfaction of the, City Equipment Superintendent, Mr. Al Angelo.
The final product shall be complete, operable, and ready for use.
3.02 Guarantee -- The Contractor shall guarantee the installations against
defects in material and workmanship for a period of 1 year.
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AGREEMENT
CITY OF SAN BERNARDINO
This Agreement, made and concluded this day of
1976, between the City of San Bernardino, party of the first part, and
, Contractor, party of the second part.
,
Article I - Witnesseth, That for and in .consideration of payments and
agreements hereinafter mentioned, to be made and performed by the said party of
the first part, and under the conditions expressed in the two bonds, bearing even
date with these presents, and hereunto annexed, said party of the second part agrees
with the said party of the first part, at his own proper cost and expense to do
all the work and furnish all the materials, except such as are mentioned in the
Special Provisions to be furnished by said party of the first part, necessary to
complete in good workmanlike and substantial manner the construction of UNDERGROUND
GASOLINE STORAGE TANKS AT CITY YARDS AND FIRE STATION NO. 10, in strict conformity
with the Plans and Special Provisions No. 4916, on file in the Office of the
City Engineer, and also in accordance with Standard Specifications No. 2271, City
of San Bernardino, Department of Engineering, revised May, 1974, which said Plans,
-Special Provisions and Standard Specifications are hereby specially referred to
and by such reference made a part hereof.
Article II - And the said contractor agrees to receive and accept the follow-
ing prices as full compensation for furnishing all materials and doing all the work
contemplated and embraced in this agreement; also for all loss or damage arising
out of the nature of the work aforesaid, or. from the acts of the elements, or from
any unforeseen difficulties or obstructions. which may arise or be encountered in
the prosecution of the work until its acceptance by the City of San Bernardino
and for all risks of every description connected with the work; also for all expenses
incurred by or in consequence of the suspension or di.scontinuance of work, and for
well and faithfully completing the work, and the whole thereof, in the manner and
according to the Plans and Special Provisions, and requirements of the Engineer
under them, to-wit:
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PLAN NO. 4916
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QUANTITY
DESCRIPTION OF ITEMS WInI
UNIT PRICE H1UTTEN IN WORDS
UNIT
PRICE TOTAL
IEMS
1
Lump Sum
Furnish and install 6,000
Gallon Underground Storage
. Tank complete, including all
appurtenant facilities,"as
called for on plans,and
Special Provisions No. 4916
at the lump sum price of
Four Thousand One Hundred
Ninetv~four an'd no/100.
Lump
Sum $ 4.194.00-
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Furnish and install 9,970
Gallon Underground Storage
Tank complete, including all
appurtenant facilities, as
called for on plans and
Special Provisions No. 4916' /.
at the lump sum price 0', "
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S ven Thousand 4xaxliull:Q]: Nine
Fourteen and no/100.
Lump
Sum
$ 7.914.00
2
Lump Sum
l::f.. ...
I'
Hundred
. .
!
I
TOTAL $12.108.00
,ACKNOWLEDGED: Addenda .No. 1 dated JuneS, 1976
Addenda No.2 dated June 11, 1976
J;OTE:, The unit price must be written in words and also shown in figures.
The total price must be extended for each item of work ?nd the total
of all items inserted in the space provided.
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"-Article III - The said..party of .the first part hereby promises and agrees
with the said contractor to employ, and does hereby employ the said contractor
to provide the materials and to do the work according to the terms and conditions
herein contained and referred to, fdr the prices aforesaid, and hereby contract
to pay the same at the time, in the manner, and their heirs, executors, admini-
strators, successors, and assigns, to hereby agree to the full performance of the
covenants herein contained. .
Article IV - It is further expressly agreed by and between the parties
hereto that should there be any conflict between the terms of this instrument
and the bid or proposal of said contractor, then this instrument shall control
and nothing herein shall be considered as an acceptance of the said terms of
said proposal conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their
hands the year and date first. above written.
ATTEST:
L(~~ir~
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CONTRACTOR
. NAME ~ SPEllC~ 60 JONES
~\: -:.- \ t~~..4"
TITLE: SECRETARY
MAILING ADDRESS: P.O. Box 144.
Colton. Calif. 92324
Approved as to form this ")-1 sr-
day of ~. , 1976
/CjlJ~ ry ~~
City Attorney
PHONE NO. 825-4624
FILED
;':1 1.3 I:!/U
LUCILLE GOFORTH, City Clerk
.:2l2..~;22J~~UTY