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<br />~ <br /> <br />~~~~~,~ ~ ~ <br />V'.,' ~,., poc,m A-2001-237 <br />~j;,i'":.i,t.}:)(r:RES <br />C ':~ c;:~fL;dl1. CONSUL T ANT AGREEMENT <br />c, ,.. 2-lf~J. ll^.....".. <br />, THIS AGREEMENT, made and entered into this J5:ll\ day of~, 2002 by <br />C t~1IJ 1\ and between MHW Americas, Inc., a California corporation, (hereinafter "Consultant ), and the <br />F I \-l. City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of Cali fomi a (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in preparing <br />sewer master plans. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <br />C. In undertaking the performance ofthis 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 /> <br />NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement. <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Attachment B, not to exceed $524,290.00. Any additional <br />services performed by the Consultant outside the original scope of work must be authorized in <br />writing by the City prior to commencing such work. In no case shall any additional services <br />exceed $52,430.00 for a maximum contract amount of $576,720.00. <br /> <br />b. Progress payments will be based upon work actually completed per the attached <br />schedule, Attachment B. Payment by City shall be made within thirty (30) days following <br />receipt of 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 performance set forth in <br />the Recitals which may reasonably be expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2003, unless terminated earlier in accordance with Section 12, below. The term of this <br />