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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />q-(-07 <br />CLERK OF COUNCIL00.� <br />DAT%V? 6 <br />o. IBA C2) <br />2 b <br />CONSULTANT AGREEMENT <br />Ton%Q er q th <br />A-2007-160 <br />THIS AGREEMENT, made and entered into this 18 day of June, 2007 by and between <br />KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation (hereinafter <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />environmental services and related technical studies. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />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 <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 />SCOPE OF SERVICES <br />Consultant shall provide traffic/ transportation technical study services pursuant to the <br />California Environmental Quality Act and the National Environmental Policy Act, as set forth in <br />City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement <br />by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by <br />reference to this Agreement. Said services shall be provided at request of the Executive Director <br />of the Planning and Building Agency, as evidenced by a writing signed by the Executive <br />Director and the City Attorney. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City all work product which results from the services <br />provided. Said work product shall be submitted in hard copy and produced in a form compatible <br />with City's computer system, as agreed between the Project Manager and Consultant. <br />In regard to all copyrightable material produced as a deliverable under this Agreement, <br />including but not limited to books, reports, plans, photographs, drawings, films, recordings, <br />videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, <br />employees, agents, contractors, and volunteer workers, that (a) other such material may not be <br />