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HomeMy WebLinkAboutA8-05 Intersection CountAGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on thi s c l 1tiCkday of cA l t c~—~QS , by and between the CIT Y OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as the City, an d TRAFFIC DATA SERVICE, hereinafter referred to as the Consultant . WITNESSETH : WHEREAS, the City requested proposals to furnish AM & PM peak hour intersectio n turning movement count services per Specification No . 90514 ; an d WHEREAS, pursuant to said request, the Consultant submitted a proposal that wa s accepted by the City for said AM & PM peak hour intersection turning movement count services ; NOW THEREFORE, in consideration of their mutual promises, obligations, an d covenants hereinafter contained, the parties hereto agree as follows : 1. TERM . The term of this Agreement shall be from the date first executed unti l all services have been delivered and approved and all compensation due has been paid . 2. INCORPORATION BY REFERENCE .City Specification No . 90514 and th e Consultant's proposal dated January 6°, 2005, are hereby incorporated in and made a part of thi s Agreement . 3. THE CITY'S OBLIGATIONS .For AM & PM peak hour intersection turnin g movement count services as specified in this Agreement, the City will pay and the Consultan t shall receive therefore payments based upon the actual work received by the City at an amoun t not to exceed $14,760 .00 proposed by the Consultant and accepted by the City . 4. CONSULTANT'S OBLIGATIONS . For and in consideration of the payment s and agreements hereinbefore mentioned to be made and performed by City, Consultant agree s with City to do everything required by this Agreement and the said specification . se e 5.AMENDMENTS . Any amendment, modification, or variation from the terms o f this Agreement shall be in writing and shall be effective only upon approval by the Cit y Administrative Officer of the City . 6.COMPLETE AGREEMENT.This written Agreement, including all writing s specifically incorporated herein by reference, shall constitute the complete agreement between th e parties hereto . No oral agreement, understanding, or representation not reduced to writing an d specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement , understanding, or representation be binding upon the parties hereto . 7. NOTICE . All written notices to the parties hereto shall be sent by United State s mail, postage prepaid by registered or certified mail addressed as follows : Public Works Departmen t City of San Luis Obisp o 955 Morro Stree t San Luis Obispo, CA 9340 1 Traffic Data Servic e Attn : Ryan McFerson 11728 Gold Ring Rd .#10 5 Arcadia, CA 91006 8. AUTHORITY TO EXECUTE AGREEMENT .Both the City and th e Consultant do covenant that each 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 execute d the day and year first above written . CITY OF SAN LUIS OBISP O City AdmiYiistrativ Officerr CONSULTAN T rnth Print/type name a n City Consultant APPROVED AS TO FORM :