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01 <br />CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this _&d day of 2001 by <br />and between HNTB, Corporation , a Delaware corporation (hereinafter " Co ultaru" 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 />engineering and landscaping on an as -needed basis for the purpose of preparing <br />construction documents for Public Works and Parks projects. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />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 <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 />terns and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in the Proposal dated July 20, 2001, <br />Exhibit A, to this Agreement and as described in written specific task orders issued by City and <br />agreed upon by City and Consultant. <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 the fee schedule, Exhibit B. The total sum to be expended <br />under this Agreement, shall not exceed $ 300,000.00 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 services performed, subject to City accounting procedures. Payment need <br />not be made for services which fails to meet the standards of performance set forth in the <br />Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on August <br />30, 2002, unless terminated earlier in accordance with Section 12, below. The term of this <br />