HomeMy WebLinkAboutA35-04AGREEMEN T
THIS AGREEMENT is made on this 9TR day of JUNE2004 by and between the CITY OF SAN LUI S
OBISPO, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the City); and
Advantage Technical Services, Inc ., (hereinafter called the Contractor).
WITNESSETH :
WHEREAS, the City wants to perform construction management services related to construction of th e
Coon Creek Fish Passage Restoration and Bridge Project, Specification No . 90467 ; an d
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 $39,000 .
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 .
Ras--o c/
0 -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
Will Belli s
Advantage Technical Services, Inc .
6661 Fern Canyon Roa d
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 execut e
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 :
City Attorney
Advantage Technical Services, Inc .
William Bettis, P .E., C .W .I .