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N-2008-085 INSURANCE ON FILE WQRK MAY PROCEED UNTIL INSURANCE EXPIRES ~ ~.OR - GLER~uNCIL CONSULTANT AGREEMENT DAZE: ~ -15-~ ~~ D~~i~ ~ THIS AGREEMENT, made and entered into this 8a' day of July, 2008 by and between Geo Design, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of geotechnical engineering to provide pavement evaluation services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance ofthis Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed incompliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall provide pavement evaluation services as set forth in Consultant's Proposal dated June 27, 2008, attached hereto as Exhibit A. Consultant shall demonstrate the reliability of the GPR system by evaluating a 500 foot test section as set forth in Consultants Memorandum dated July 7, 2008, attached hereto as Exhibit B. If the system is demonstrated to be reliable, City will authorize Consultant to continue the pavement evaluation services as set forth herein. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges set forth in Exhibit A. The total sum to be expended under this Agreement not exceed $24,900, during the term ofthis agreement.