HomeMy WebLinkAboutA31-05 Consultant Svcs study utility billingSP .MD .
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AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on May }i, 2005 ,
by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City ,
and HDR Engineering, Inc ./Economic and Engineering Services, Inc . (HDR/EES), hereinafter referred t o
as Consultant .
WITNESSETH :
WHEREAS, on February 10, 2005, City requested proposals for Consultant services to study th e
entire utility billing system and recommend improvements, per Specification No . 90159 ; and
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by Cit y
for said services .
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 this Agreement is made an d
entered, as first written above, until acceptance or completion of said services .
2.INCORPORATION BY REFERENCE .City Specification No . 90159, Consultant's
proposal dated March 24, 2005, and proposed May 2, 2005 revision relating to indemnification as state d
below is hereby incorporated in and made a part of this Agreement .
"Consultant agrees to defend the CITY, it officers, agents, servants and employee s
(hereinafter individually and collectively referred to as "Indemnitees"), from all suits ,
claims, demands, actions, or proceedings, and to . the extent permissible by law ,
indemnify and hold harmless the Indemnitees from :
A.All damages of liability, including costs, expenses and attorney to the exten t
caused by or alleged to be caused by any negligent act, error, or omission of Consultan t
or any person or organization for whom Consultant is responsible, and arising out of
the performance of professional services under this Agreement ; and;
B.All liability, loss, damage, claims, demands, costs and expenses, including, i n
part, court costs and attorney fees, based upon any act, omission, or occurrence of
Consultant or any person or organization for whom Consultant is responsible, to th e
extent arising out of in connection with, resulting from or caused by the performance o r
failure of performance of any work or services other than professional services under
this Agreement, or from conditions created by Consultant's performance or non -
performance of said work or services ."
3.CITY'S OBLIGATIONS .For providing services as specified in this Agreement, Cit y
will pay and Consultant shall receive therefor compensation in a total sum not to exceed $74,631 .
4.CONSULTANT'S OBLIGATIONS . For and in consideration of the payments an d
agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to d o
everything required by this Agreement and .the said specifications .
5.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 City Administrative Officer .
6.COMPLETE AGREEMENT . This written Agreement, including all writing s
specifically incorporated herein by reference, shall constitute the complete agreement between the partie s
hereto . No oral agreement, understanding or representation not reduced to writing and specificall y
incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding o r
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 Clerk
City of San Luis Obisp o
990 Palm Street
San Luis Obispo, CA 9340 1
Tom Goul d
HDR Engineering, Inc ./
Economic and Engineering Service s
500 108 1° Avenue N E
Suite 120 0
Bellevue, Washington 98004
8.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 authorized an d
empowered to execute Agreements for such party .
City
Consultant
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
By : i .dC04tse .ePillege
Dave Romero, Mayo r
APPROVED AS TO FORM :
CONSULTANT
By :
em
'tt
-Ced,Vice President I-ID R
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