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HomeMy WebLinkAboutA48-04CITY OF SAN LUIS OBISPO CALIFORNIA THIS AGREEMENT,made on this J7 day of • _,!L .', ' 004, by and between the City of San Luis Obispo , San Luis Obispo County, California, hereinafter called the er, and It . BurkeCorporation hereinafter called th e 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, 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 Utility TrenchRepairSummer 2003-04, Specification No .90499 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 : Item No. Item Unit of Measure Estimate d Quantity Item Price (in figures) Tota l (in figures) 1 .Utility Trench Repair Summer 04 LS 1 $76,021 .35 $76,021 .35 BID TOTAL :$76,021 .35 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 : 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, 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 . 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 Corporation f - City Engineer, Jay Walte CONTRACTOR R . Burke Corporation Print Name and Titl e APPROVED AS TO FORM : P.LOWELL City Attorney