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<br />CONSUL T ANT AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this 18th day of August, 2008 by and <br />between Bucknam & Associates, Inc., a California corporation (hereinafter "Consultant"), and <br />the 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 /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />street pavement inventory and assessment. <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 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 /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform services related to the City's Pavement Management Program, <br />as set forth in Consultant's Proposal dated June 13,2008, attached hereto as Exhibit A and <br />incorporated by reference. <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 Exhibit B, attached hereto and incorporated by reference. The <br />total sum to be expended under this Agreement shall not exceed $100,000.00 during the term of <br />this Agreement. Said total sum includes a contingency for additional work which may be <br />authorized by the Executive Director of the Public Works Agency. <br /> <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 /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on <br />expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below. <br /> <br />25N-3 <br />