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HomeMy WebLinkAboutA3-05 Palm Nipomo Parking DesignAGREEMEN T THIS AGREEMENT is made and entered into in the City of San Luis Obispo on thi s Oi&day of OBISPO, a municipa con :, ration, here r referred to as City, and Chong Partners Architecture , hereinafter referred to as onsultant . WITNESSETH : WHEREAS, the City's 2003-05 Financial Plan calls for the development of design options for a parking structure at the corner of Palm and Nipomo Streets as the first step in the process of evaluatin g the site for its potential us as a multi-level parking structure ; an d WHEREAS, the City hired Chong Partners Architecture to develop preliminary design option s and on May 25, 2004 the City Council directed staff to proceed with Consultant's Site Plan Options "D " and "H" as baseline design options for further study and return to Council at a future study session wit h design refinements ; and WHEREAS, Consultant is qualified to perform this type of service and has submitted a proposa l to do so which has been accepted by City . NOW THEREFORE, in consideration of their mutual promises, obligations, and covenant s hereinafter contained, the parties hereto agree as follows : 1. TERM . The term of this Agreement shall be from the date of this Agreement is mad e and entered, as first written above, until acceptance or completion of said services . 2.CITY'S OBLIGATIONS . For providing services as specified in this Agreement, Cit y will pay and Consultant shall receive therefore compensation in a total sum not to excee d $61,500 . 3.CONSULTANT'S OBLIGATIONS . For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agree s with City to provide services as set forth in Exhibit A attached hereto and incorporate d into this Agreement . Consultant further agrees to the contract performance terms as se t forth in Exhibit B attached hereto and incorporated into this Agreement . ,2005, by and between the CITY OF SAN LUI S ,qs-os 4.AMENDMENTS . Any amendment, modification, or variation from the terms of thi s Agreement shall be in writing and shall be effective only upon approval by the Cit y Administrative Officer of the City . 5.COMPLETE AGREEMENT . This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreemen t between the parties hereto . No oral agreement, understanding, or representation no t reduced to writing and specifically incorporated herein shall be of any force or effect, no r shall any such oral agreement, understanding, or representation be binding upon th e parties hereto . 6. 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 Consultant Chong Partners Architectur e City of San Luis Obispo 405 Howard St ., 5`s Floor 955 Morro Street San Francisco, CA 9410 5 San Luis Obispo, CA 9340 1 7.AUTHORITY TO EXECUTE AGREEMENT .Both City and Consultant do covenant tha t each individual executing this agreement on behalf of each party is a person duly authorize d and empowered to execute Agreements for such party . IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the da y and year first above written . ATTEST : CITY OF SAN LUIS OBISPO, A Municipa l Corporation By :12ar David F . Romero, MayorAudrey Hoop t4ea-- (yClerk APPROVED AS TO FORM : CONSULTAN T By : Lowell, City Attorney Sam Nunes, Partner