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1 <br />INSURANCE ON FILE <br />WOR , mAy PROCEED <br />UNTIL INSURANCE EXPIRES <br />9 -�o-d? <br />o• P Zi) <br />CLERK OF COUNCIL Keay N9�y� <br />DAN, SEP 112007 <br />CONSULTANT AGREEMENT <br />A- 2007 -185 <br />THIS AGREEMENT, made and entered into this 6" day of August, 2007, by and <br />between PBS &J, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, <br />a charter city and municipal corporation organized and existing under the Constitution and laws <br />of the State of California (hereinafter "City "). <br />RECITAI,N <br />A. The City desires to retain a consultant having special skill and knowledge necessary to <br />provide engineering services in relation to the SR- 55/MacArthur Boulevard <br />Interchange ramp widening project. <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 />1. SCOPE OF SERVICES <br />Consultant shall 1) provide preliminary engineering services, including the Project Study <br />Report/Project Report, 2) prepare the Plan, Specification and Estimate for the project and 3) <br />provide construction support of the project, as set forth in City's Request For Proposal — <br />Combined Project Study Report/Project Report, Environmental Documentation and PS &E <br />Preparation for the State Route 55/Macarthur Boulevard Interchange Ramp Widening Project, <br />dated February 20, 2007, as supplemented by Consultant's Proposal, collectively attached hereto <br />as Exhibit A, and incorporated by reference. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City any 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, and drawings, Consultant agrees, <br />for itself and its affected officers, employees, agents; contractors, and volunteer workers, that (a) <br />other such material may not be copyrighted without prior review from the City, and (b) the <br />authors of all such material, whether copyrighted or not, award to the City, and to its officers, <br />agents and employees acting within the scope of their official duties, as a condition of payment <br />