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INSURANCE ON FILE A-2013-148 VVORK MAY PROCEED UNTIL INSURANCE EXPIRES gr� Q 2t0 -2a% _ (L j CLERK OF COUNC4I_ K - DATE: i D _4 ` 1 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 16`' day of September, 2013 by and between Evan Brooks Associates, 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 strategic planning for transportation projects. 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: I. SCOPE OF SERVICES Consultant shall provide project management services for the Santa Ana Fixed Guideway Project ("Project") to guide the certification of the environmental documentation, and to select a local preferred alternative (LPA), as set forth in Exhibit A, attached hereto and incorporated by this reference. Consultant may provide outreach services at the written request of the Executive Director of Public Works or his designated representative. Additionally. Consultant shall administer City's consultant contracts related to the Project to ensure the services and deliverables comply with the guidelines of the City's funding partners and regulatory agencies, including but not limited to OCTA, and the Federal Transit Administration (FTA). Consultant shall review deliverables submitted by consultants, then forward to City staff. Consultant shall meet with the Executive Director: of Public Works on a regular basis to keep him informed regarding the progress of the Project, issues which may arise to threaten the schedule or budget, and to receive direction regarding City's concerns, interests and vision regarding the Project. Consultant shall not take a position on any policy without first, obtaining the direction of the Executive Director. Consultant shall represent the City at meetings with OCTA, ETA and other regulatory agencies; develop written correspondence including memos, letters, staff reports, meeting minutes, agendas and presentations to the City Council and OCTA Board as necessary to keep the City, its funding partners and regulatory agencies informed of the progress of the Project; and provide written and oral progress reports to the Project team, including consultants and the Executive Director and his staff. 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 B. Consultant shall ensure that the task hours comply with the proposed hourly effort. The total sum to be expended under this Agreement shall not exceed $75,000 during the terns of this Agreement.