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HomeMy WebLinkAboutA57-04CITY OF SAN LUIS OBISP O CALIFORNI A AGREEMEN T THIS AGREEMENT, made on this S5 day of 20 4 by and between the City of San Luis Obispo , a municipal corporation and charter city,San Luis Obispo California (hereinafter called the Owner) an d D-Kal Engineering, 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 be performed, shall 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 WASTE WATER TREATMENT PLANT BY-PASS SILT REMOVAL, SPEC NO . 90410 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 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 faithfu l performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contrac tprices as follows : Ite m No . Item Unit of Measure Estimate d Quantity Item Price (in figures) Tota l (in figures) 1 .Sediment Removal M3 2400 11 .22 $26,928 .0 0 2 .Debris Removal LS 1 6250.00 $6,250 .00 BID TOTAL: $33,178 .00 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, 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 . -1 - 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 Corporatio n Ken Ham Ian, City Administrative Office r APPROVED AS TO FORM : CONTRACTOR P . Lowell D-Kal Engineering, Incorporate d City Attorney David Loughran, President