HomeMy WebLinkAboutAgreement - 2000577-02AGREEMENT
THIS AGREEMENT, made on _______________________, by and between the City of
San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County,
California (hereinafter called the Owner) and Quincon, Inc. (hereinafter called the
Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be
performed, shall provide and furnish all of the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required to complete all
the work of construction of
1106 WALNUT FENCING IMPROVEMENTS, SPECIFICATION NO. 2000577-02
in strict compliance with the plans and specifications therefor, including any and all
Addenda, adopted by the Owner, in strict compliance with the Contract Documents
hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and
said work performed and completed under the direction and supervision and subject to the
approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration
for the faithful performance of this Contract, subject to any additions or deductions as
provided in the Contract Documents, the contract prices as follows:
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 15 Demolition of Existing
Improvements LS 1 --- $25,501.00
2 15 Clear and Grub LS 1 --- $11,168.00
3 5 Construction Surveying LS 1 --- $11,641.00
4 99 Construction Fencing LS 1 --- $4,109.00
5 7 OSHA Compliance for Trenching LS 1 --- $1,027.00
6 99 Gate Operator and Sensors LS 1 --- $20,680.00
7 17 Grading LS 1 --- $46,647.00
8 73,90 Curb and Gutter LF 7 $205.43 $1,438.00
9 73,90 Curb LF 28 $137.00 $3,836.00
10 73,90 Curb at Rolling Gate LF 55 $312.00 $17,160.00
11 73,90 Mow Curb LF 92 $97.00 $8,924.00
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Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
12 84 Curb Paint Red LF 14 $68.00 $952.00
13 20 Bike Rack EA 1 $1,027.00 $1,027.00
14 80 7’ Decorative Picket Fence LF 70 $240.00 $16,800.00
15 80 8’ Decorative Picket Fence LF 57 $280.00 $15,960.00
16 80 6’ Decorative Picket Fence LF 66 $202.00 $13,332.00
17 80 4’ Decorative Picket Fence LF 131 $150.00 $19,650.00
18 80 3’ Decorative Picket Fence LF 72 $110.00 $7,920.00
19 80 2’ Decorative Picket Fence LF 186 $93.00 $17,298.00
20 80 Decorative Picket Gate EA 1 $9,039.00 $9,039.00
21
(S) 80 Automatic Rolling Gate EA 1 $11,778.00 $11,778.00
22
(S) 20 CMU Wall and Pilasters with
Foundation LF 80 $436.00 $34,880.00
23 80 Razor Wire and Brackets LF 110 $70.00 $7,700.00
24
(S) 86 Electrical and Communication
Improvements LS 1 --- $28,076.00
25 73,90 Asphalt Concrete Paving 4”
Thick SQFT 180 $68.00 $12,240.00
26 73,90 Concrete SQFT 135 $46.00 $6,210.00
27 20 Decorative Rock Mulch SQFT 460 $27.00 $12,420.00
28 86 Install Conduit LS 1 --- $34,307.00
29
(S) 99 EV Charger EA 1 $14,654.00 $14,654.00
30
(S) 99 ChargePoint Compliance LS 1 ---
$1,096.00
31
(S) 99 ChargePoint Coordination and
Start-up LS 1 --- $1,095.00
32 20 Planting – Shrub Area SQFT 295 $25.00 $7,375.00
34 20 Sod Replacement SQFT 600 $20.00 $12,000.00
35 20 Irrigation LS 1 --- 7,916.00
BID TOTAL: $445,856.00
Payments are to be made to the Contractor in compliance with and subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work
which the Contractor may be required to do, or respecting the size of any payment to the
Contractor, during the performance of this Contract, said dispute shall be decided by the
Owner and its decision shall be final, and conclusive.
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ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the
following documents, all of which are as fully a part thereof as if herein set out in full, and if
not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal
counsel approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with the Contractor’s negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage
which is caused by the sole or active negligence or willful misconduct of the City. Should
conflict of interest principles preclude a single legal counsel from representing both the City
and the Contractor, or should the City otherwise find the Contractor’s legal counsel
unacceptable, then the Contractor shall reimburse the City its costs of defense, including
without limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation. The Contractor shall promptly pay any final judgment rendered against the City
(and its officers, officials, employees and volunteers) with respect to claims determined by
a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful
performance. It is expressly understood and agreed that the foregoing provisions are
intended to be as broad and inclusive as is permitted by the law of the State of California
and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the
Contractor shall not be required to indemnify and hold harmless the City for liability
attributable to the active negligence of City, provided such active negligence is determined
by agreement between the parties or by the findings of a court of competent jurisdiction. In
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instances where the City is shown to have been actively negligent and where the City’s
active negligence accounts for only a percentage of the liability involved, the obligation of
the Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of the City.
ARTICLE V. 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 of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance
of the said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this
year and date first above written.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
CONTRACTOR:
Quincon, Inc.
__________________________________
By:________________________________
Whitney McDonald, City Manager Jose Quintana
Its: President
APPROVED AS TO FORM
________________________________
J. Christine Dietrick
City Attorney
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