PENCO ENGINEERING, INC. 3 - 2015

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INSURANCE(LC Ot� FILE WORK MAYNIT PROCEED CLERK OF COUN tL DATE, '6� CONSULTANT AGREEMENT CITY OF SANTA ANA A-2016-236 THIS AGREEMENT is made and entered into this 21st day of October, 2015 by and between PENCO Engineering, Inc. ("Consultant"), 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 ("City"), RECITALS �} A. On June 24, 2015, the City issued Request for Proposal No. 15-045, by which it sought proposals �y £rom qualified firms for engineering, technical, and administrative support services to be �`1 v provided to the Public Works Agency on an as -needed basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 15-045 as Attachment 1 and that is also attached to this Agreement as Exhibit A. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. 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: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services-tbe rates and charges identified in Exhibit B. The t'otaI sum to be expended under this . Agreement shall not exceed $500,000 daring the tern, of this Agreement. Payment by City shall be made within forty-five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 21, 2018, unless terminated earlier in accordance with Section IS, below. The term of this Agreement may be extended for one (1) two-year period upon a writing executed by the City Manager and the City Attorney.