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HomeMy WebLinkAboutA34-05 DAFT Const. observ., Spec 90461THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this 1 day of ju1 ,A,3Qae'' ,by and between the CITY OF SAN LUIS OBISPO,a municipal corporation, heeinafter referred to as City, and ADVANTAGE TECHNICAL SERVICES, INC ., hereinafte r referred to as Contractor . W IT NE SSETH : WHEREAS, the City wants construction observation services of coatings for the dissolved air flotatio n thickener tank. WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do so which has been accepted by City . NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafte r 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 pay and Contractor shall receive therefor compensation in a total sum not to exceed $13,000 . 4.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 B attached hereto and incorporated into this Agreement . Contractor further agrees to the contrac t performance terms as set forth in Exhibit A attached hereto and incorporated into this Agreement . 5.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 . 6.COMPLETE AGREEMENT.This written Agreement, including all writings specificall y incorporated herein by reference, shall constitute the complete agreement between the parties hereto . No ora l agreement, understanding, or representation notreduced 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 partie s hereto . Agreement Page 2 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 of San Luis Obisp o Public Works Departmen t 955 Morro Street San Luis Obispo, CA 9340 1 Attn: Michael J . McGuire Advantage Technical Services,Inc . 6661 Fern Canyon Roa d San Luis Obispo, CA 9340 1 William D . Bellis, P .E ., Principal 8 . 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 yea r first above written . CITY OF SAN LUIS OBISPO, A Municipal Corporatio n By : (k)- City Administra e Officer City Contractor APPROVED AS TO FORM :