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,Wf)RK MA Uffrll. W, �f"E3 (L5 RK OF (110W , 10", STANDARD -CON--S1JLTANT AGREEMENT ESA I t: THIS AGREEMENT, made and entered into this day of 2 0 0 2 by and between Labelle Marvin, 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 pavement evaluation services. The purpose ofproviding these services for most of the street rehabilitation projects to ensure that the pavement is tested for surface and structural deficiencies for design purposes for various public works projects on an as - needed basis. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the perfori-nance 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 agrees to perform, at its own cost and expense, pavement evaluation services as outlined in the Proposal dated June 1, 2001, Exhibit "A", attached hereto and incorporated herein by reference. A detailed scope of work will be outlined when each specific project is assigned to Consultant. 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. The total sum to be expended under this Agreement, shall not exceed $150,000.00 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. Payi-rient need 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.