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A-2005-012 <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL NSURANCE EXPIRES <br />9 -,30 -05 CONSULTANT AGREEMENT <br />CLE6rl OF COUNCIL <br />DATE: .Z-'] - 0 6 <br />C; P�Ia <br />iµ•�Y� <br />THIS AGREEMENT made and entered into this I g day of January, 2005 by and <br />between W. Koo & Associates, Inc., a Division of PBS&J, a Florida corporation (hereinafter <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the 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 structural Plans, Specifications and Estimates for three City <br />bridges and a cantilever bike trail structure. <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 />1. SCOPE OF SERVICES <br />Consultant shall perform engineering design services as set forth in Exhibit A to this <br />Agreement. <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 the Cost Proposal, attached hereto as Exhibit B, and more fully <br />detailed in Consultant's Proposal dated December 27, 2004, on file in the Santa Ana Public <br />Works Agency. The total sum to be expended under this Agreement shall not exceed <br />$303,160.00 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 />