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N-2097-942 <br />CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />This AGREEMENT is made and entered into this 151' day of June, 2017 by and between the City of Santa <br />Ana, California, a charter city and municipal corporation organized and existing under the Constitution <br />and laws of the State of California, (hereinafter "CITY") and NCE (Nichols Consulting Engineers) <br />(hereinafter "CONSULTANT"). <br />RECITALS <br />A. The CITY desires to retain a consultant having special skill and knowledge in the field of pavement <br />management practices. The Consultant shall perform pavement condition surveys and budgetary <br />analysis as part of the update to the City's Pavement Management Program (PMP). The PMP <br />surveys and analysis shall comply with Orange County Transportation Authority (OCTA) <br />guidelines. <br />B. CONSULTANT represents that CONSULTANT is able and willing to provide such services to <br />the CITY. <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 expected <br />from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows. <br />1. SCOPE OF SERVICES <br />CONSULTANT shall perform during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully and <br />adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto <br />and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of <br />Services, which shall be delivered as prescribed, beginning upon the CITY's issuance of a Notice to <br />Proceed. <br />2. COMPENSATION <br />CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services for <br />CITY, the rates and charges identified in Compensation - Exhibit Ii, attached hereto and incorporated <br />by reference. A contingency of $3,900 shall be available, at the discretion of the Executive director, for <br />services that are currently not anticipated but may be required to complete the project. The total sum to be <br />expended under this agreement shall not exceed Sixteen Thousand Dollars and No Cents ($16,000.00) for <br />the term of the agreement. Compensation shall be processed in accordance with Section 18. <br />BInnny�I3 ON <br />This Agreement shall continence on the date first written above and terminate on June 30, 2018, <br />the term of this Agreement may be extended by a writing executed by the City Manager and the City <br />Attorney, unless terminated earlier in accordance with Section 15, below. <br />INSURANCE NOT ON FILE <br />WORK MAV NOT PROCEED <br />IWorrzrMP CLERK OF COUNCIL Page i of 8 <br />DATE: 7/1,T/ / 2017 <br />