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Agmt 2008 Group 4 Architecture Research + Planning Inc
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Agmt 2008 Group 4 Architecture Research + Planning Inc
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Last modified
9/22/2008 3:13:48 PM
Creation date
9/22/2008 3:12:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/15/2008
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PERM
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_CC Agenda 2008 0915
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2008\Packet 2008 0915
Reso 2008-117
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2008
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Consultant with compensation beyond the maximum amount provided for in this <br />Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no <br />obligation to reimburse Consultant for any otherwise reimbursable expenses incurred <br />during the extension period. <br />8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the <br />parties. <br />8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this <br />Agreement contemplates personal performance by Consultant and is based upon a <br />determination of Consultant's unique personal competence, experience, and specialized <br />personal knowledge. Moreover, a substantial inducement to City for entering into this <br />Agreement was and is the professional reputation and competence of Consultant. <br />Consultant may not assign this Agreement or any interest therein without the prior written <br />approval of the Contract Administrator. Consultant shall not subcontract any portion of the <br />performance contemplated and provided for herein, other than to the subcontractors noted <br />in the proposal, without prior written approval of the Contract Administrator. <br />8.5 Survival. All obligations arising prior to the termination of this Agreement and all <br />provisions of this Agreement allocating liability between City and Consultant shall survive <br />the termination of this Agreement. <br />8.6 <br />Section 9. <br />Options upon Breach by Consultant. If Consultant materially breaches any of the terms <br />of this Agreement, City's remedies shall included, but not be limited to, the following: <br />8.6.1 Terminate the Agreement if, following notice thereof, the Consultant fails to cure <br />the breach in a reasonable period of time; <br />8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any <br />other work product prepared by Consultant pursuant to this Agreement; <br />8.6.3 Retain a different consultant to complete the work described in Exhibit A not <br />finished by Consultant <br />8.6.4. Charge Consultant the difference between the cost to complete the work <br />described in Exhibit A that is unfinished at the time of breach and the amount that <br />City would have paid Consultant pursuant to Section 2 if Consultant had <br />completed the work. <br />KEEPING AND STATUS OF RECORDS. <br />9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, <br />models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, <br />records, files, or any other documents or materials, in electronic or any other form, that <br />Consultant prepares or obtains pursuant to this Agreement and that relate to the matters <br />CSA between City of San Leandro and Group 4 Architecture Project No. 06-210-18-116 <br />San Leandro Senior Center -Phase 2 Page 10 <br />
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