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p. Pw'gta) A-2006-304 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this ;26day of f 1CrJeml , 2006 by and between DMJM Harris, 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 engineering to provide Structural Design services and Project Management for the First Street bridge widening project. B. Consultant represents that Consultant 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: 1. SCOPE OF SERVICES Consultant shall perform structural design consulting services as set forth in Consultant's Proposal dated July 10, 2006, attached as Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's "Detailed Labor & Fee Breakdown" dated July 10, 2006, attached hereto as Exhibit B. Exhibit B is subject to a post award audit by CalTrans. After any post award audit recommendations are received, Exhibit B shall be adjusted by the Consultant and approved by the Contract Manager to conform to the audit recommendations. The Consultant agrees that individual items of cost identified in the audit report may be incorporated into the Agreement at the City of Santa Ana's sole discretion. Refusal by the Consultant to incorporate the interim audit or post award recommendations will be considered a breach of the Agreement terms and cause for termination of the Agreement. The total sum to be expended under this Agreement shall not exceed $963,819.00 during the term of this Agreement.