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INSURAME NbT ON I-ILE A-2004-154 <br />WORK MAY k6f PROCEED <br />CLERK OF COUNCIL <br />DATE; 9 -,\0-C4 STANDARD CONSULTANT AGREEMENT <br />C' 1WA THIS AGREEMENT, made and entered into this 2'l(� day of AUA L�-& , 2004 by <br />(vi el� and between LaBelle Marvin, a California corporation (hereinafter "Consultant"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />engineering to provide pavement structural evaluation services on an as -needed basis. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Consultant agrees to perform pavement evaluation services as outlined in City's Request <br />for Proposal dated May 19, 2004 and Consultant's Proposal dated May 26, 2004, a portion of <br />which is attached hereto as Exhibit "A", and the entirety incorporated by reference. A detailed <br />scope of work will be outlined when each specific project is assigned to Consultant. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Attachment "A". The total sum to be expended under this <br />Agreement shall not exceed $200,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. WORK PRODUCT <br />Any and all records, papers, drawings, specifications, programs, systems and other <br />materials prepared by Consultant pursuant to this Agreement shall be the property of the City. <br />Consultant shall provide City with any such materials whenever requested to do so. Consultant <br />