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HomeMy WebLinkAboutA52-04CITY OF SAN LUIS OBISP O CALIFORNI A AGREEMEN T THIS AGREEMENT,made on thisL-it day of ALSO$'r , 2004, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, Californi a (hereinafter called the Owner) and NADAR, Incorporated (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 b e performed, shall provide and furnish all of the labor, materials, necessary tools, expendabl e equipment, and all utility and transportation services required to complete all the work o f construction o f SWIM CENTER SAND FILTRATION PROJECT, SPECIFICATION NO . 9035 1 in strict accordance 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 sai d work performed and completed under the direction and supervision and subject to the approval o f the Owner or its authorized representatives . ARTICLE II,CONTRACT PRICE :The Owner shall pay the Contractor as full consideratio n for the faithful performance of this Contract, subject to any additions or deductions as provided i n the Contract Documents, the contract prices as follows : Item No. Item Unit of Measure Estimate d Quantity Item Pric e (in figures) Total (in figures ) 1 .Sand Filtration System LS 1 234,600 .00 $234,600 .0 0 2 .Drain Down Pool LS 1 3,000 .00 $ 3,000 .00 BID TOTAL :$237,600 .0 0 ' Payments are to be made to the Contractor in accordance with and subject to the provision s 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 whic h 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 decisio n shall be final, and conclusive . ARTICLE III,COMPONENT PARTS OF THIS CONTRACT :The Contract consists of th e following documents, all of which are as fully a part thereof as if herein set out in full, and if no t attached, as if hereto attached : 1.Notice to Bidders and information for bidders . 2.Standard Specifications, Engineering Standards and Contract Documents . 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 b e any conflict between the terms of this instrument and the bid or proposal of said Contractor, the n this instrument shall control and nothing herein shall be considered as an acceptance of the sai d terms of said proposal conflicting herewith . IN WITNESS WHEREOF,the parties to these presents have hereunto set their hands this yea r and date first above written . ATTEST : APPROVED AS TO FORM : CITY OF SAN LUIS OBISPO , A Municipal Corporatio n raerd5a .lod David F . Romero, Mayo r CONTRACTOR J~uatk P . Lowell NADAR, Inc . City Attorney Thomas B . Dakan, President