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HomeMy WebLinkAboutA28-04AGREEMENT THIS AGREEMENT is made on this ZO'day of May, 2004, by and between the CITY OF SA N LUIS OBISPO, a municipal corporation and charter city, San Luis Obispo County, California (hereinafte r called the City); and R . Burke Corporation ., (hereinafter called the Contractor). WITNESSETH: WHEREAS, on March 22, 2004, City requested proposals for the performance of constructio n services per Specification No . 90467 ; and WHEREAS, pursuant to said request, Contractor submitted a proposal which was accepted by Cit y for said services . NOW THEREFORE, in consideration of their mutual promises, obligations, and covenant s hereinafter contained, the parties hereto agree as follows : 1.TERM. The term of this Agreement shall be from the date this Agreement is made an d entered, as first written above, until acceptance or completion of said services . This Agreement may b e terminated by either party by providing to the other party, in writing, thirty (30) days advance notice of sai d intent. Contractor shall be paid, in accordance with Paragraph 4 herein, only for work completed by th e Contractor prior to the effective date of said termination . In this event, all information, documents, maps , and materials shall be given to the City . 2.INCORPORATION BY REFERENCE . City Specification No. 90467, Addendum 1 dated April 16, 2004, and Contractor's proposal dated April 21, 2004 are hereby incorporated in and made a part of this Agreement . 3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will pay and Contractor shall receive, therefore, compensation in a total sum not to exceed $891,370 .00 . 4.CONTRACTOR'S OBLIGATIONS . For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to d o everything required by this Agreement and the said specifications . 5. AMENDMENTS . Any amendment, modification, or variation from the terms of thi s Agreement shall be in writing and shall be effective only upon approval by the Council of the City . 6.COMPLETE AGREEMENT . This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the partie s hereto. No oral agreement, understanding, or representation not reduced to writing and specificall y incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto . 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail , postage prepaid by registered or certified mail addressed as follows : Agreement: Specification No . 99124.9046 7 Y Public Works Departmen t City of San Luis Obisp o 955 Mono Stree t San Luis Obispo, CA 9340 1 Joanne Burke R . Burke Corporation 865 Capitolio Wa y San Luis Obispo, CA 9340 1 8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenan t that each individual executing this agreement on behalf of each party is a person duly authorized an d empowered to execute Agreements for such party . IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the da y and year first above written . CITY OF SAN LUIS OBISPO , A Municipal Corporation: City Contractor CONTRACTOR: ATTEST : City Clerk APPROVED AS TO FORM : Mayor David F . Romero urke Corporation oanne A . Burke, President an Lowell City Attorne y Utilities g:/2004 Council Agenda Reports/Coon Creek Burke Agreement