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HomeMy WebLinkAbout11-07-2016 Agreement with Willidan Engineering Inc requesting propsal for building plan review specificaction no 91520AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on Monday, November 7, 2016 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and WILLDAN ENGINEERING INC hereinafter referred to as Consultant. services. WITNESSETH: WHEREAS, on 11/7/16, City requested proposals for Building Plan Review per Specification No. 91520. WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said 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 for three years from the date this Agreement is made and entered, as first written above. 2. INCORPORATION BY REFERENCE. City Specification No. 91520 and Consultant's proposal dated 11/7/16 are hereby incorporated in and made a part of this Agreement. To the extent that there are any conflicts between the City's specification and this Agreement and the Consultant's proposal, the terms of the City's specification and 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 Consultant shall receive therefor the agreed-upon percentage of the base City plan review fee as stipulated in the Consultant's proposal. 4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore 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 Director of Community Development 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 City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Consultant Name James Guerra, Willdan Engineering Address 650 Hospitality Lane, #250, San Bernardino a 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 Clerk APP VED AS TO FORM: R Ci Attorney CITY OF SAN LUIS OBISPO By: City Man ag r CONSULTANT James M By: Guerra Digitally signed by James M Guerra DN: cn=James M Guerra, o=Willdan Engineering, ou=Suilding and Safety, email=jguerra®willdan com, -US Date: 2016 11 04 15:56:22 -OT00'