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HomeMy WebLinkAboutLarry Walker Associates Agmt Utilities 03.01.13AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and LARRY WALKER ASSOCIATES, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, the City wants NPDES Permit Reissuance Support. WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do so which has been accepted by City. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said services. 2. INCORPORATION BY REFERENCE. Contractor's proposal dated December 26, 2012, is hereby incorporated in and made a part of this Agreement. To the extent that there are any conflicts between this Agreement and the Contractor's proposal, the terms of this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to exceed $52,800. 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 provide services as set forth in Exhibit A attached hereto and incorporated into this Agreement. Contractor further agrees to the contract performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager of the City. Exhibit B: Contract Performance Terms 6. COMPLETE AGREEMENT This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically 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: City Carrie Mattingly Utilities Director City of San Luis Obispo 879 Morro Street San Luis Obispo, CA 93401 Contractor Larry Walker Associates Attn: Ashli Desai, Vice President 720 Wilshire Blvd, Suite 204 Santa Monica, CA 90401 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written: ATTEST: APPROVE .AS TO FO Ci omey CITY OF SAN LUIS OBISPO, A Municipal Corporation By: MaqJowell-Marx CONTRACTOR By: