HUITT-ZOLLARS, INC. -2011 - Laserfiche WebLink

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INSURANCE; NGNK MAY v kdsI�:iCEFC CLERK OF AGREEMENT FOR PROVISION OF CONSTRUCTION SURVEYING SERVICES A-2011-247 THIS AGREEMENT made and entered into this 7ch day of November, 2011 by and between Huitt-Zollars, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of surveying services. B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. v NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform construction surveying services for City's Capital Improvement Projects, on an on-call basis, as set forth in City's Request for Proposal dated August 2011, attached hereto as Exhibit A, and Contractor's Proposal, attached hereto as Exhibit B. All Exhibits attached to this Agreement are incorporated by this reference. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Schedule, attached hereto as Exhibit C and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $250,000.00, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing services rendered during the preceding month, subject to City accounting procedures. The invoice shall provide a detailed breakdown of the services, project title, and limits, personnel categories, the tasks, hours and unit costs or hourly rates. Payment will be made for work completed, including submission of Corner Records and cut sheets, during the preceding month. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which