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AGREEMENT TO PROVIDE PAVEMENT MANAGEMENT PROGRAM UPDATE <br />THIS AGREEMENT is made and entered into this 17th day of October, 2017 by and between <br />NCE (Nichols Consulting Engineers or "Consultant"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. On August 15, 2017, the City issued Request for Proposal No. 17-092, by which it sought <br />consultants to perform pavement condition surveys and budgetary analysis as part of the <br />update to the City's Pavement Management Program and in accordance with the guidelines <br />by the Orange County Transportation Authority. <br />B. Consultant submitted a responsive proposal that was selected by the City. Consultant <br />represents that it is able and willing to provide the services as described in the scope of <br />work that was included in RFP No. 17-092 and attached as Exhibit A to this Agreement, <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 />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 />1. SCOPE OF SERVICES <br />Consultant shall perform the services that are described in Exhibit A. Consultant's <br />proposal is incorporated by reference as though fully set forth herein. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as. total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit B. The total sum to <br />be expended under the term of this Agreement, including any extension periods, shall <br />not exceed $94;105. This amount is comprised of (1) the base sum of $85,550 and (2) <br />a 10% contingency of $8,555 for services to be performed at the sole discretion of the <br />City. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />Exhibit 1 <br />Page 1 of 8 <br />25E-3 <br />