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REVENUE METERING UPGRADE PROJECT <br />AGREEMENT <br />Parties and Date <br />13 <br />CITY COUNC YL <br />Date <br />Item <br />This Contract is made and entered into this 15th day of December, 2004 by and <br />between the City of Colton, a municipal corporation ("City") and Trimark Associates, Inc. <br />("Contractor"). <br />2. Recitals <br />2.1 City is a municipal corporation organized under the laws of the State of California, <br />with power to contract for services necessary to achieve its purpose. <br />2.2 Contractor is a professional contractor, experienced in providing ISO certified <br />revenue metering installation services and is familiar with the plans of the City. <br />2.3 City desires to engage Contractor to provide an ISO Certified Revenue Metering <br />System at the Colton/SCE Substation in Colton, California, as set forth herein. <br />2.4 Contractor has obtained, and delivers concurrently herewith, Payment Bond, <br />Performance Bond, insurance documents, and Workers' Compensation Certificates as required by <br />the Contract. <br />3. Terms <br />3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full <br />by reference the following documents, including all exhibits, drawings, specifications and <br />documents therein, and attachments and addenda thereto: Request for Proposal for revenue metering <br />upgrade project <br />3.2 Contractor's Basic Obligation; Scope of Work. Contractor promises and agrees, at its <br />own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and <br />incidental and customary work necessary to fully and adequately complete the Revenue Metering <br />Upgrade Project, including all structures and facilities necessary for the Project or described in the <br />Contract (hereinafter the "Work" or "Project"), for a Total Contract Price as specified pursuant to <br />this Contract. All Work shall be subject to, and performed in accordance with the above referenced <br />documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans <br />and specifications for the Work are further described in Exhibit "A" attached hereto and <br />incorporated herein by this reference. Special conditions, if any, relating to the Work are described <br />in Exhibit "B" attached hereto and incorporated herein by this reference. <br />3.3 Change in Scope of Work. Any change in the scope of the Work, method of <br />performance, nature of materials or price thereof, or any other matter materially affecting the <br />I (BB&K: revised July 2, 2001) <br />