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INSURANCE ON FILE <br />WORK MAY PROCEED <br />(IN IIL INSUK,,f:CE EXPIRES <br />U- 3 /-0y <br />CLERK OF COUNCIL <br />DATE: 9 -,3 .o 4 <br />CONSULTANT AGREEMENT <br />A- 2004 -096 <br />h <br />C,! ew A THIS AGREEMENT, made and entered into this 11 day of M" 2004 by <br />(,sl6to) and between Berryman & Henigar, a California corporation (hereinafter "Consultant "), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />pavement management to update and maintain the City's Pavement Management <br />program. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. hr 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 be <br />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 those services as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit B. The total sum to be expended under this <br />Agreement shall not exceed $110,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2005, unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of Public Works <br />and the City Attorney. <br />