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<br />A-2005-142 <br /> <br />... <br /> <br />CONSULTANT AGREEMENT <br /> <br />THIS AGREEMENT made and entered into this ;;;.o-r-- day of ~e.. , 2005 by <br />and between Tetra Tech, Inc., a Delaware 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 />RECITALS <br /> <br />en <br />w <br />0:: <br />0... <br />wCl~ <br />::::::!~w --1 <br />l..L..c..:>c..:> U <br />o :z: z: <br />5 a:: < '^ ::::l <br />0...0:: 'fJ 0 <br />UJ>-=>ou <br />u<U) ..... <br />~~~ -: 0 <br />= :,c: ~......l '- ~ .. <br />;::J>=,~ D ~:::' <br />~o;z -.J ~ < <br />_~:::::l COD <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 San Lorenzo <br />Sewer Lift Station. <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 sewer lift station, as set forth in <br />Consultant's Proposal, attached as Exhibit A to this Agreement. <br /> <br />2. COMPENSATION <br /> <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 B. The sum to be expended under this Agreement <br />shall not exceed $220,000.00. The parties anticipate additional services may be required and <br />have included a contingency to cover additional services in a total amount of $25,000.00. The <br />total sum, including additional services, to be expended under this Agreement shall not exceed <br />$245,000.00 during the term of this Agreement. <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 />