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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE: G -B - -o 9 <br />Q PWA(2)(S.Amdrnnl) <br />CONSULTANT AGREEMENT <br />N- 2007 -058 <br />THIS AGREEMENT, made and entered into this 31' day of May, 2007 by and <br />between Shahin & Associates Pavement Engineering, a Colorado corporation (hereinafter <br />"Consultant "), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the <br />field of pavement engineering. <br />B. Consultant represents that Consultant is able and willing to provide such <br />services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it <br />is knowledgeable in its field and that any services performed by Consultant <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall review and analyze the City's Pavement database and <br />recommend rehabilitation strategies for the Local Street network. Consultant may <br />provide additional pavement engineering services upon the written authorization of the <br />Executive Director of Public Works. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, an hourly rate of $165.00. The total sum to be expended under this Agreement <br />shall not exceed $25,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) 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 performance set <br />forth in the Recitals which may reasonably be expected by City. <br />3. WORK PRODUCT <br />Consultant shall deliver to City any work product which results from the services <br />provided. Said work product shall be submitted in hard copy and produced in a form <br />