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