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Home My WebLink AboutA150 Questa EngineeringAGREEMENT b zv i9y y THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this 10 day of November 1999 , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and QUESTA ENGINEERING, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on August 29, 1996, City requested proposals for Engineering Services: Flood Management Plan per Specification No. 9001.30xhich provided for Phase I and Phase 2 services; and WHEREAS, the Council on December 3, 1996 authorized the CAO to enter into an agreement with the Contractor when staff was ready to proceed with Phase 2 services; and WHEREAS, the workscope is still being finalized for Phase 2 services in order to meet the requirements of Federal and State agencies; and WHEREAS, surveying work is an integral part of Phase 2 services and this work can be started now which will facilitate project completion; and WHEREAS, the City requires surveying work related to other projects, which can be more efficiently completed by combining it with Phase 2 survey work. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance of said engineering services. 2. INCORPORATION BY REFERENCE. City Specification No. 90013Bis hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing engineering services as specified in this Agreement, City will pay and Contractor shall receive therefore compensation based on time and expenses, not to exceed $93,821.00, on a monthly basis. 1 'd/s b 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 perform engineering services as described in Attachment A attached hereto and incorporated into this Agreement. 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 Director of Public Works of the City. 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. 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 Public Works City of San Luis Obispo 955 Morro Street San Luis Obispo, CA 93401 Contractor Quests Engineering Corporation Box 70356 Pt. Richmond, CA 94807 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 Aret ahrniP mriltan /:)Yut;CWT 0X.VV Ca)1;16) UV 9 phg.mo. i/,.,.I l ice.. CITY OF SAN LUIS OBISPO, A Municipal Corporation By: Mayor CONTRACTOR r J 0 RX"RDIDuiDI.H THIS AGREEMENT, Specification No. 90013A, is made and entered into in the City of San Luis Obispo on this 29 day of November 1999 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and QUESTA ENGINEERING, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on August 29, 1996, City requested proposals for Engineering Services: Flood Management Plan per Specification No. 9605A, which provided for Phase I and Phase 2 services; and WHEREAS, the Council on December 3, 1996 authorized the CAO to enter into an agreement with the Contractor when staff was ready to proceed with Phase 2 services; and WHEREAS, the Staff and Consultant have negotiated the attached scope of work, WHEREAS, a contract for surveying work has already been entered into; and WHEREAS, the attached scope of work has the approval of involved Federal, State and County agencies. 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 of said engineering services. 2. INCORPORATION BY REFERENCE. City Specification No. 96-05A is hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing engineering services as specified in this Agreement, City will pay and Contractor shall receive therefore compensation based on time and expenses on a monthly basis, with the total contract not to exceed $545,529. 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 perform engineering services as described in Attachment A 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 Director of Public Works of the City. 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 1 n any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 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 Public Works City of San Luis Obispo 955 Morro Street San Luis Obispo, CA 93401 Contractor Questa Engineering Corporation Box 70356 Pt. Richmond, CA 94807 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. APPROVED AS TO FORM: CITY OF SAN LUIS OBISPO, A .nicipal Corporation —L- By: -_ lr % Mayor CONTRACTOR 2 AMENDMENT ONE TO AGREEMENT THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on this 20 day of October , 1998, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and Questa Engineering hereinafter referred to as Consultant. WITNESSETH: WHEREAS, in December 1996 the City entered into an Agreement with Consultant to prepare plans and specifications for several creek bank repair projects; and WHEREAS, the City desires to amend the scope of services to include additional design services as outlined on the attached work scope; NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1 . The scope of services and related compensation is hereby amended to procure extra work on creek bank repair projects at an additional cost of $19,000.00. effect. 2. All other terms and conditions of the Agreement remain in full force and IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. M�, / CITY OF SAN LUIS OBISPO, A Municipal Corporation C y minis rati a Officer CONSULTANT By: `�� Questa ngmeer ng Pf c kc w AGREEMENT THIS AGREEMENT is made and entered into in the City of Sat Luis Obispo on this Lj�!iay of Iy ' , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and to Engineering Corporation, hereinafter referred to as Consultant. WITNESSETH: WHEREAS, on August 20, 1996, City requested proposals for ENGINEERING SERVICES: FLOOD MANAGEMENT PLAN per Specification No. 96-05A (400.9605.520.551). WHEREAS, pursuant to said request, Consultant submitted a proposal which was accepted by City for said services. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The tern[ 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. City Specification No. 96-05A and Consultant's proposal dated October 3`a, 1996 and Attachment A, are hereby incorporated in and made it part of this Agreement. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefor: Actual cost of time and expenses not to exceed $80,000. 4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement and the said specifications. 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 Administrative Officer of the City. 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 Public Works Department City of San Luis Obispo 955 Morro Street San Luis Obispo, CA 93403 Consultant Questa Engineering Corporation 1220 Brickyard Cove Road Point Richmond, California, 948071 D-2 V,.. 9 • 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant 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: CITY OF SAN LUIS OBISPO, A Municipal Corporation ily Clerk Jo ur un 1, City Adt mistral iv6 Officer APPROVED AS TO FORM: v� J r . Jor frens , Cit Attorney CONSULTANT Bv: U�ev-f Cl -e 'es;-U :F Mal