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A-2004-103 <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />o?— 1 q-6% CONSULTANT AGREEMENT <br />CLERK OF COUNCIL <br />DATE: 7 A-L,F THIS AGREEMENT made and entered into this 64""' day of _uAe 2004 by <br />and between Leighton Consulting, Inc., a California corporation (hereinafter "Consultant"), and <br />C'. PV✓A the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />(-rA�Vins) 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 />environmental remediation, geotechnical and potholing services. <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 shall perform environmental remediation, geotechnical and potholing services <br />on an on -call basis, as set forth in City's Request for Proposal dated April 20, 2004, Consultant's <br />Proposal dated May 6, 2004, both of which are incorporated in this Agreement by reference, and <br />Consultant's Fee Schedule, attached hereto as Exhibit A. <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 Exhibit 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. Consultant shall submit monthly invoices with a detailed statement of services <br />performed during the period for which payment is requested. Payment by City shall be made <br />within thirty (30) days following receipt of proper invoice, subject to City accounting <br />procedures. Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on June 20, 2004 and terminate on June 30, 2005, <br />unless terminated earlier in accordance with Section 12, below. The term of this Agreement may <br />