ENVIRONMENTAL PLANNING DEVELOPMENT SOLUTIONS, INC. (2)

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Proposal for CEQA Analysis Garry Avenue Business Park July 26, 2021 Page 13 PROVISIONS OF AGREEMENT City of Santa Ana ("Client") and Environment j Planning I Development Solutions, Inc. ("Consultant") agree that the following Provisions of Agreement ("Provisions") shall be part of the agreement to Client dated July 26, 2021 for the services described therein ("Project") to which these Provisions are attached and both shall be considered and constitute the "Agreement" referenced herein. DEFINITIONS: 1. Client and Consultant agree to cooperate with each other in order to fulfill their responsibilities and obligations under this Agreement. Both Client and Consultant shall endeavor to maintain good working relationships among members of the project team. 2. Ownership of Instruments of Service: All documents prepared or furnished by Consultant pursuant to this Agreement are Consultant's Instruments of Service, have been prepared for use solely with respect to this Project, and Consultant shall retain an ownership and property interest therein. Consultant grants Client a license to use Consultant's Instruments of Service for the purpose of constructing, occupying and maintaining the Project. Reuse or modification of any such documents by Client, without Consultant's written permission, shall be at Client's sole risk, and Client agrees to indemnify and hold Consultant harmless from all claims, damages and expenses, including attorneys' fees, arising out of such reuse by Client or by others acting through Client. Client acknowledges that Consultant's Instruments of Service may be stored and delivered to Client and others -in electronic files ("Data"), and that anomalies and errors can be introduced Into the Data when it is transferred or used1n conjunction with incompatible computer equipment or software. Consultant's Data is being furnished "as is" and Consultant shall have no duty to modify or update the Data unless a part of the approved Project. Consultant reserves the right to retain an archival paper or electronic copy of the Data delivered to Client or the general contractor which shall be referred to and shall be conclusive proof and govern in all disputes over the form or content of the Data furnished by Consultant. If Consultant is not paid in full for all its services, Client shall, upon demand, return Consultant and Consultant's sub -consultants Instruments of Service and refrain from using Instruments of Service for any purpose whatsoever. II. CONSULTANTS RESPONSIBILITIES: 1. Consultant will perform Its professional services in the manner identified in the Agreement for the identified fixed fees and budgeted items, excluding direct expenses. Services provided on a time and materials basis or additional services will be charged based on the following hourly billing rates: List of Standard Hourly Rates Position - Hourly Rate President/Principal $250 - $275 Vice President of: Planning/Environmental Planning/ Development, Transportation Planning; Principal Engineer $230 - $250 Director of: Planning/Environmental Planning/Development, Transportation Planning $210 - $230 Senior: Project Manager/Planner/Transportation Planner/Engineer/Environmental Planner Associate $1 85 - $210 Project Manager i $170 - $185 Associate Planner; Environmental Planner; Transportation Planner $1 60 - $170 Assistant: Project Manager, Environmental Planner; Transportation Planner; Project Planner $150 - $160 Project Coordinator; CIS Analyst; Graphics Specialist; Technical Editor $1 35 - $150 Support Staff $85 - $135