Sidewalk Improvements (2)
CONTRACT
THIS AGREEMENT, made and entered into this 19TH day of December
20 05 ,by and between the City of Salina, Kansas a municipal corporation, First Party,
hereinafter referred to as the "Owner" and DAVIS CONCRETE CONSTRUCTION
Second Party, hereinafter referred to as the "Contractor", for construction of sidewalks for
Proiect No. 05-1533. includina
Elm Street between Des Moines Avenue and Ohio Street
and
Maanolia Road between Ohio Street and Sierra Drive
WITNESSETH:
ARTICLE 1. It is hereby mutually agreed that for and in consideration of the sum or
sums to be paid the Contractor by the Owner, as set forth in the accepted Proposal and in
accordance with the provisions of the "General Clauses," 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 the City of Salina
standard 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, at stated intervals and in
the amounts certified by the Engineer; in accordance with the provisions of the "General
Clauses," 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 "General
Clauses;" 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 "General Clauses," 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 December 20. 2005 ; and the completion of the construction, ready for
acceptance by April 19. 2006.
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
DAVIS CONCRETE CONSTRUCTION
BY: .£~ av/
ob Davis
~
office or position of signer)
Seal - if Contractor be a corporation
OWNER, FIRST PARTY
By: ~
~YOR
Attest: ~ ~
CITY CLERK
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