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'bid to thc <br /> and made ~ <br /> SANTA RIT~ <br /> <br /> promises ~ <br /> hereby em~ <br /> do the wo~ <br /> and refer~ <br /> pay the s~ <br /> above set <br /> executors <br /> performan~ <br /> <br /> warrants ~ <br /> work done <br /> lng City ; <br /> said 12 m~ <br /> the oorre. <br /> <br /> between t] <br /> between t! <br /> said Cont: <br /> herein sh <br /> said prop <br /> <br /> it become <br /> and to fi <br /> then, in <br /> prevailin <br /> fees as a <br /> <br /> hereunto <br /> <br />! <br />! <br /> <br /> ICouncil, a copy of attached hereto <br /> part hereof.~ Sa~d bid being identified as PROPOSAL, <br /> ROAD AT ~.P.R.R. ~IGHT 0F WAY,,t973. <br />~RTICLE I~I - - - ~he said party of the first part hereby <br />.nd agrees with the said Contractor to employ, and does <br />.lo,.)~ the said Contractor to provide the materials and. to <br />[k according to the terms and conditions herein contamned <br />ed to, for the prices aforesaid, and hereby contracts to <br />.me at the time, in the manner and upon the conditions <br />forth; and the said parties for themselves, their hei=s, <br /> administrators and assigns, do hereby agree to the full <br />~e oi the covenants herein contained. <br /> <br />ARTICLE IV - - - The party of the second part hereby ' <br />~gainst all defects in materials and workmanship, all <br />under this conoract, for a period of 12 months follow- <br />~cceptance of said work.~ If any ~efects occur within <br />nths, the Contractor agrees to b~ solely responsible for <br />.tion of those defects. ' <br /> <br /> ARTICLE V - - - It is further expressly agree~ by and <br />~e parties hereto that should there be any conflict <br />~e terms of this instrument and the bid or proposal of <br />~actor, then this instrument shall control and nothing <br />~11 be consmdereo as an acceptance o~ the saxd terms f <br />~sal conflicting herewith. <br /> <br /> ARTICLE ~ - - - It is further agreed that in the event <br />~ necessary for either party hereto to employ an attorney <br />[e suit to enforce any of the provisions of this contract, <br />~ddition to any other relief or damages awarded the <br />~ party, there shall be awarded reasonable attorney's <br />~ditional damages. <br /> <br /> I~ WITNESS ~HEREOF, The parties to these present have <br /> e~ their hands the year and date first above written. <br /> <br /> CITY OF PLEASANTON, CALIFORNIA <br /> <br /> TO <br /> <br />rney - - ~ <br /> <br />Contractor <br /> <br /> <br />