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HomeMy WebLinkAboutA28-05 Playground Equip Throop ParkCITY OF SAN LUIS OBISP O CALIFORNIA AGREEMEN T THIS AGREEMENT,made on this IJ day of A, ,200 by and between the City of San Luis Obispo , a municipal corporation and charter city, San Luis ObC . County, California (hereinafter called the Owner) an d Brinar Construction, Inc . (hereinafter called the Contr tor). 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, shal l provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility an d transportation services required to complete all the work of construction o f PLAY EQUIPMENT REPLACEMENT PROJECT : THROOP PARK, SPEC NO . 9041 9 in strict accordance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, i n 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 an d 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 faithfu l performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contrac t prices as follows : Ite m No . Item Unit o f Measure Estimated Quantity Item Pric e (in figures) Total (in figures ) 1 Demolition LS 1 5000 .00 $5,000 .00 2 Earthwork LS 1 2200 .00 $2,200 .00 3 Concrete Ramp M2 4 .8 408 .33 $1,960 .0 0 4 Plastic Divider EA 1 460 .00 $460.0 0 5 Crushed Drain Rock M3 20 125 .00 $2,500.0 0 6 Perforated PVC Drain M 18 28 .28 $509 .0 0 7 Solid PVC Drain M 4 .6 76 .09 $350.0 0 8 Sidewalk Underdrain LS 1 1150 .0 $1,150.00 9 Engineered Wood Fiber M2 150 37 .17 $5,575 .50 10 (S) Play Structure EA 1 33973 .00 $33,973 .00 I 1 Play Area Sign EA 1 642 .00 $642 .00 BID TOTAL : $54,319 .5 0 Payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the document s made a part of this Contract. !Y8-6 Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor ma y be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, sai d dispute shall be decided by the Owner and its decision shall be final, and conclusive . 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, Engineering Standards and Special Provisions . 2 . Accepted Proposal . 4.Public Contract code Section 10285 .1 Statement and 10162 Questionnaire . 5.Noncollusion Declaration . 6.Plans. 7.List of Subcontractors . 8.Agreement and Bonds . 9.Insurance Requirements and Forms . 10.Certification Concerning Labor Standards And Prevailing Wage Requirements (Attachment 1 ) 11.Federal Prevailing Wage Determination (Attachment 2 ) ARTICLE IV . It is further expressly agreed by and between the parties hereto that should there be any conflict betwee n the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothin g 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 this year and date first abov e written. CITY OF SAN LUIS OBISPO , A Municipal Corporatio n ,s, Ken Hampi ,City Administr five Office r APPROVED AS TO FORM :CONTRACTO R h P . Lowell Brinar Construction, Inc . City Attorney Frank Brinar, President