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INSURANCE ON FILE A-2019-178 <br />6ORK MAY PROCEED <br />UN,rIL INSRANCEEXPIRES <br />� 1111-0 <br />CLERKOFCOUNCIL AGREEMENT TO PROVIDE SERVICES FOR <br />® DATE: p,T 1 1 2019 PAVEMENT MANAGEMENT PROGRAM UPDATE <br />"MIS AGREEMENT is made and entered into this 1st day of October, 2019 by and between <br />Nichols Consulting Engineers ("NCE" or "Consultant"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. On July 16, 2019, the City issued Request for Proposal No. 19-070, by which it <br />sought a consultant to provide professional services necessary to update the City's <br />Pavement Management Program in compliance with Orange County <br />Transportation Authority (OCTA) guidelines. <br />B. Consultant submitted a responsive proposal that was selected by the City. <br />Consultant represents that it is able and willing to provide the services described in <br />the scope of work that was included in RFP No. 19-070. <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 <br />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 />1. SCOPE OF SERVICES <br />Consultant shall perform the services that were described in the scope of work that was <br />included in RFP No. 19-070 and as more specifically delineated in Consultant's proposal, which <br />is attached as Exhibit A and incorporated in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit B. The total sum <br />to be expended under the term of this Agreement, including any extension periods, <br />shall not exceed $101,310. This sum is comprised of (1) the base amount of $92,100 <br />and (2) a 10% contingency in the amount of $9,210 for additional services at the <br />City's sole discretion. <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 procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals and Scope of Work, which may reasonably be <br />expected by City. <br />Page 1 of 8 <br />