Loading...
HomeMy WebLinkAboutA32-04AGREEMENT THIS AGREEMENT is made on this '11 day of May, 2004, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the City); and GSI Soils, Inc ., (hereinafter called the Contractor). WITNESSETH : WHEREAS, the City wants to perform construction inspection and testing services related to construction of the Coon Creek Fish Passage Restoration and Bridge Project, Specification No . 90467 ; and WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do s o that 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, a s first written above, until acceptance or completion of said services . 2.CITY'S OBLIGATIONS .For providing services as specified in this Agreement, City will pa y and Contractor shall receive therefor compensation in a total sum not to exceed $13,562 . 3.CONTRACTOR'S OBLIGATIONS.For and in consideration of the payments and agreement s hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as se t forth in Exhibit A attached hereto and incorporated into this Agreement . Contractor further agrees to the contrac t performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement . 4.AMENDMENTS . Any amendment, modification or variation from the terms of this Agreemen t shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City . 5.COMPLETE AGREEMENT . This written Agreement, including all writings specificall y 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 o f any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto . Agreement Page 2 6. NOTICE . All written notices to the parties hereto shall be sent by United States mail, postag e prepaid by registered or certified mail addressed as follows : Pam King Public Works Departmen t City of San Luis Obisp o 955 Palm Street San Luis Obispo, CA 9340 1 Ronald Church, G .E . GSI Soils, Inc. 141 Suburban Road, Suite D 1 San Luis Obispo, CA 9340 1 7.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenant that eac h 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 firs t above written . CITY OF SAN LUIS OBISPO , A Municipal Corporation: APPROVED AS TO FORM : City Contractor CONTRACTOR: GSI Soils, Inc . Ronald Church, G.E .