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<br />A-2004-079 <br /> <br />',' INSURr.,'Lt rjOT ON FILE <br />WOR:', I,:AY NOI PROCEED <br />CLERK OF COUNCIL <br />DATE: (p-i 5-o<f <br /> <br />CONSULTANT AGREEMENT <br /> <br />THIS AGREEMENT made and entered into this 3 ti day of _l"\.lllJ , 2004 by <br />and between Tetra Tech, Inc., 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 /> <br />UfWf1 <br />(ft.()J~ <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />engineering, to prepare Plans, Specifications and Cost Estimates for the Elevated Water <br />Tank Improvements. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <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 /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall prepare plans, specifications and cost estimates, and provide <br />construction support services for improvements to the City's elevated water tank, as set forth in <br />Consultant's Proposal, dated April 14, 2004, and attached as Exhibit A to this Agreement. <br /> <br />2. COMPENSATION <br /> <br />a. City agre to pay, and Consultant agrees to accept as total payment for its services, <br />s identified in Exhibit A. The sum to be expended under this Agreement <br />shall not ex $29,QOO.00. The parties anticipate additional services may be requested, in a <br />total amount of $3,600.00. The total sum, including additional services, to be expended under <br />this Agreement shall not exceed $33,500.00 during the term of this Agreement. <br /> <br /> <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 />