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INSURANCE ON FILE vMRlt MAY PROCEED UMIL INSURANCE EXPIRES GI.ERK OF COUNGILMAA 1 620 DATE- N-2013-038 N- 2013 -038 V-1 C�� /Moti�cctiSuv CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this Oda of3iarch, 2013 by and between RailPros, (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 engineering services related to establishment of railroad quiet zones. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance 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: 1. SCOPE OF SERVICES Consultant shall provide engineering services to assist the City in obtaining a quiet zone at the Santa Ana Boulevard and 4`h Street rail crossing. Additionally, Consultant shall provide engineering support services related to at -grade crossings and traffic signal signage, and supplemental documentation and coordination on an on -call basis. All services will comply with Consultant's Proposal, attached hereto as Exhibit A, and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $24,900 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment treed not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2013, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to