Contract
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CONTRACT
THIS AGREEMENT, made and entered into this
day of
20_, by and between the City of Salina, Kansas a municipal corporation, First Party,
hereinafter referred to as the "Owner" and
Second Party, hereinafter referred to as the "Contractor."
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
fumish 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, at stated intervals and
in the amounts certified by the City Representative; 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. The Contractor will apply for payment as Phase 1 and Phase 2 are
satisfactorily completed.
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 , 20 ; and the completion of the
construction, ready for acceptance will require calendar days for Phase 1 after the
notice to proceed. Phase 2 will require calendar days.
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,SECONDPARTY
BY
(Office or position of signer)
Seal - if Contractor be a corporation
OWNER, FIRST PARTY
THE CITY OF SALINA, KANSAS
BY
MAYOR
Attest:
CITY CLERK