Oakdale Park Irrigation Project
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CONTRACT
OAK DALE PARK IRRIGATION PROJECT
PROJECT 07-2634
THIS AGREEMENT, made and entered into this 22 day of OCTOBER,
2007 by and between the City of Salina, Kansas a municipal corporation,< First Party,
hereinafter referred to as the "Owner" and Earthcare Services.
Second Party, hereinafter referred to as the "Contractor."
WITNESSt;TH:
ARTICLE 1. It is hereby mutually agreed that for and in consideration of the sum
or sums to be paid the Contiactor by the Owner, as set forth in the accepted Proposal
and in accordance with the provisions of the "Plans and Specifications for the
construction of a maintenance building for the Salina Soccer Complex", the said
Contractor shall furnish all labor, equipment, accessories and material and shall perform
all work necessary to construct and complete the improvements in a good, substantial
and workmanlike manner; ready for use and in strict accordance with the contract
drawings and specifications, as approved and filed pursuant to law in the office of the
legal representative of the Owner.
ARTICLE 2. It is hereby further agreed that in consideration of the faithful
performance of the work by the Contractor, the Owner shall pay the Contractor the sum
or sums due him, by reason of said faithful performance of the work, in accordance with
the provisions of the, "Plans and Specifications" and as set forth in the proposal as
accepted by the Owner.
ARTICLE 3. It is hereby further agreed that at the completion of the work and its
acceptance by the Owner, all sums due the Contractor by reason of his faithful
completion of the work; taking into consideration additions to or deductions from the
contract price by reason of alterations or modifications of the original contract, or by
reason of "Force Account" work authorized under the contract in accordance with
provisions of the "Contract Documents;" will be paid the Contractor by the Owner within
30 days after said completion and acceptance.
ARTICLE 4. It is hereby further agreed that the words "he" or "him" wherever
used herein as referring to the Contractor shall be deemed to refer to said Contractor
whether a corporation, partnership, or individual; and this contract and all covenants
and- agreements thereof shall be binding upon and for the benefit of the heirs,
executors, administrators, successors and assigns of said Contractor.
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ARTICLE 5. It is hereby further agreed that any reference herein to the "Contract"
shall include all contract documents as specifically set out in the "Information for
Bidders," and thereby made a part of this agreement to the same extent as if set out at
length herein.
ARTICLE 6. It is hereby further agreed that the undersigned anticipates that
materials and equipment will be on hand at the site in sufficient quantities to commence
construction on October 16, 2007 and the completion of the construction, ready for
acceptance will require 30 calendar days after the notice to proceed.
IN WITNESSETH WHEREOF, the First Party and the Second Party, respectively, have
caused this agreement to be duly executed in triplicate the day and year first herein
written, all copies of which to all intents and purposes shall be considered the original.'
CONTRACTOR, SECOND PARTY
.~ ~J2IH~c.s
BY..~~ y.-; ~<, ~/?Ml/7
Tf2e:ffiJ9'Trb/7 ~",j2'VI5",e' ~Sl3n cJ-. .5;9/~
(Office or positi n of signer)
Seai - if Contractor be a corporation
OWNER, FIRST PARTY
THE CITY OF SALINA, KANSAS
8Y rJt/'tJ~.1L f),.
MAYOR ~
Attest:~~
CITY CLERK
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