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INSURANCE ON FILE <br />WORK PJIAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />K OF COUNCIL <br />N-2012-125 <br />CLER 1 -r 2012 CONSULTANT AGREEMENT <br />DATE= <br />?, CZ? <br />C - C V THiS AGREEMENT, made and entered into this?_day of September, 2012 by and between <br />GU?Lj.1 MEGT INC., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city <br />L.p-T,n? t and municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />landscape architectural services. <br />B. Consultant represents that it is able and willing to provide such services to the 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 Agreement <br />will be performed in compliance with such standards as may reasonably be expected fi-om a <br />professional consulting firm in the field- <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall provide landscape architectural services for planting areas surrounding the four <br />(4) downtown parking structures located at Third Street and Birch Street; Third Street and Broadway <br />Avenue; Fifth Street and Main Street (420 North Main Street); and Fifth Street and Spurgeon, as further <br />described in the Proposal attached hereto and incorporated herein as Exhibit A. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates <br />and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed <br />$25,000 during the term of this Agreement. <br />b. Progress payments shall be processed at the 50 % completion of Phase A and 50% at the <br />completion of Phase B of the collective work to be done. Payment by City shall be made within thirty <br />(30) days following receipt of proper invoice evidencing work performed, subject to City accounting <br />procedures. Payment need not be made for work which fails to meet the standards of performance set <br />forth in the Recitals which may reasonably be expected by City. <br />3_ TERM <br />This Agreement shall commence on the date fu-st written above and terminate on June 30, 2013, <br />unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br />extended upon a writing executed by the Executive Director of the Community Development Agency and <br />the City Attorney.