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'INSURANCE NOT ON FILE A-2017-328 <br />WORK MAY NST. PROCEED <br />CLERKOFCOUNCIL <br />DATE: DEC 18 2017 <br />pvvA C._l7 AGREEMENT TO PROVIDE TRAFFIC COUNTING <br />k4v-v,lh SERVICES ON AN ON-CALL BASIS <br />THIS AGREEMENT is made and entered into this 5th day of December, 2017 by and between <br />Transportation Studies, Inc. ("Consultant"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"), <br />RECITALS <br />A, On October 4, 2017, the City issued Request for Proposal No. 17-006, by which it <br />sought consultants to provide traffic counting services an, an on-call basis, <br />B. Consultant submitted a responsive proposal that was among those selected by the <br />City. Consultant represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP No. 17-006 and attached <br />as Exhibit A. <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 <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be 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 />I. SCOPE OF SERVICES <br />On an as -needed basis, and at the. sole discretion of City, Consultant shall per'lorm the <br />services that are described in Exhibit A. Consultant's proposal is incorporated by reference as <br />though fully set forth herein. <br />2. COMPENSATION <br />a, City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant iurder this Agreevrent. Consultant shall be paid only for actual <br />sew=s performed under this Agreement at the rates and charges identified in <br />Exhibit l3, The total sum to be expended raider this A,grvement, including any <br />extension periods, shall not exceed $50,000. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject, to City accounting <br />procedures. Payment need not be rmade for work which fails to meet the <br />standards ofperfonnance set forth in the Recitals and Scope of Work, which may <br />reasonably be expected by City. <br />Page 1 of 8 <br />