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ATTACHMENT 1 CONTRACT FOR CALLIPPE PRESERVE WATER PROJECT #2 THIS CONTRACT is made and entered into this day of , 20 by and between Freitas Rangeland Improvements, ("Contractor"); whose address is 40961 Abuelo Way, Fremont, CA 94539, and telephone number is (925)-580-6415 and the CITY OF PLEASANTON, a municipal corporation ("City"). WITNESSETH: WHEREAS, the City desires the services of a qualified contractor to purchase and install a solar pump system to supply water troughs for the South End Conservation Area at Callippe Preserve Golf Course; and WHEREAS, Freitas Rangeland Improvements is willing and qualified to meet the City's requirements for the subject project. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: Work to be Performed. The work will generally consist of providing and installing a solar pump array, solar panels and components; providing and installing three water storage tanks; and providing and installing 11,500 linear feet of underground piping to storage tanks and five water troughs, completing all connections and testing. Said work is more particularly shown in the following document, which is on file with the City and incorporated herein by this reference: proposal by Jed Freitas of Freitas Rangeland Improvements, dated November 1, 2007. Compensation. The City shall pay the Contractor for work actually performed at the percentage of the lump sum price set out in the Contractor's proposal to the City. The City will make partial payments to the Contractor for material received and work provided by subcontractors after Contractor presents to the City the original invoices from the supplier or subcontractor, as well as alien release. City shall also pay for contract Change Orders approved by the City Engineer, done in accordance with the Standard specifications. Method of Payment. Progress Payments - As of the twentieth day of each month, Contractor may submit for review a request for progress payment, listing the amount and value of work actually performed during the preceding month, or part thereof. Upon the Park Maintenance Superintendent's review and approval, including adjustments if any, City shall make a progress payment to the Contractor. Indemnification. Contractor shall indemnify, save and hold harmless from and defend the City, its officers, agents, and employees, against any and all claims, costs, demands, causes of action, suits, losses, expense or liability arising from, or alleged to have arisen, from any acts or omissions of Contractor, its agents, sub-contractors, officials or employees, in connection with the execution of the work covered by this Agreement, as it may be amended, except for the sole negligence or willful misconduct of the City. This indemnification includes any claim that the materials or equipment provided under this Agreement, or any tool, article or process used in manufacture of such tools or equipment, constitutes an infringement of any patent issued by the United States. This entire indemnification provision shall survive termination or cancellation of this Agreement.