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CONTRACT FORM <br /> <br /> AGREEMENT <br /> Fence Systems, Inc. <br />THIS IS AN AGREEMENT between dba The Yard Lumber and Fence Supply , <br />First Party, and the City of Pleasanton, State of California, Second Party, <br />under the authority of the City of Pleasanton. <br /> <br />First Party has been awarded a contract for the construction of improvements <br />on Stonedale Drive Soundwall, City of Pleasanton, Alameda County, California. <br />The work to be done is described in the Resolution of Intention passed by the <br /> City Council of the City of Pleasanton , on <br /> Auqust 2r 1988 , and in the Engtneer's plans filed pursuant <br /> thereto. <br /> <br />NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, <br />the parties agree as follows: <br /> <br />First Party promises to construct all of the improvements described in the <br />Resolution of Intention and the plans and specifications adopted by the City <br />Council of the City of Pleasanton. <br /> <br />The contract entered into by the acceptance of the bid of the First Party and <br />the signing of this agreement consists of the following documents, all of <br />which are incorporated herein by reference: <br /> <br /> 1. This Agreement <br /> 2. Specifications <br /> 3. Plans <br /> 4. The Resolution of Intention <br /> 5. Notice Inviting Sealed Bids <br /> 6. Bid <br /> <br />All of these documents are on file in the office of the Clerk of the City of <br />Pleasanton. <br /> <br />First Party shall furnish all tools, equipment, labor and materials required <br />for the construction of the improvements, and all materials used shall comply <br />with the specifications and to be to the satisfaction of the Director of <br />Public Works of the City of Pleasanton. <br /> <br />Time for commencement and completion of the work is fixed in the <br />specifications. <br /> <br />Second Party shall pay First Party for completed work at the unit and/or lump <br />sum prices as submitted in the proposal. <br /> <br />Payments will be made to First Party in cash by said Second Party. Payments <br />will be made to First Party according to the specifications and upon the <br />conditions therein specified. <br /> <br /> <br />