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AGREEMENT FOR PROVISION OF <br />CONSTRUCTION SURVEYING SERVICES <br />A- 2011 -246 <br />THIS AGREEMENT made and entered into this 7"' day of November, 2011 by and <br />between Coast Surveying, Inc., a California corporation (hereinafter "Contractor "), and the City <br />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 />surveying services. <br />B. Contractor represents that it is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor 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 />terms and conditions hereinafter set forth, the parties agree as follows: <br />I. SCOPE OF SERVICES <br />Contractor shall perform construction surveying services for City's Capital Improvement <br />Projects, on an on -call basis, as set forth in City's Request for Proposal dated August 2011, <br />attached hereto as Exhibit A, and Contractor's Proposal, attached hereto as Exhibit B. All <br />Exhibits to this Agreement are incorporated by this reference. <br />COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, <br />the rates and charges identified in Contractor's Fee Schedule, attached hereto as Exhibit C. The <br />total sum to be expended under this Agreement shall not exceed $250,000.00, during the term of <br />this Agreement. <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 be <br />made for work which fails to meet the standards of performance set forth in the Recitals which <br />may reasonably be expected by City. <br />3. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer - employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Contractor performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Contractor shall be provided in a manner consistent with all applicable <br />standards and regulations governing such services. Contractor shall pay all salaries and wages, <br />