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c'v ^ A-2008-085 <br />1NSUPANCE <br />WORK MAY PROCE'--D <br />UNTIL INSURANC-,- <br />CLER'KOFC*4f $ 2OQ$ CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 51h day of May, 2008, by and between <br />N4Ju Kl' Pacific Advanced Civil Engineering, a California corporation (hereinafter "Consultant"), <br />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 qualified consulting engineering firm with a proven <br />track record of completing large pool and fountain renovation projects for the <br />professional engineering services of swimming pool renovation, fountain <br />rehabilitation, and related infrastructure rehabilitation. <br />B. Consultant represents that Consultant is able and willing to provide such services to <br />the 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 <br />be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall provide professional engineering services, including assessment and <br />analysis of existing conditions, the preparation of Plan, Specification and Estimate, <br />and construction support for the projects designated by City, as set forth in City's <br />Request For Proposal — Professional Engineer Services for the Renovation of <br />Memorial Park Pool and the Rehabilitation of Plaza of the Fountains Projects, dated <br />January 23, 2008, as supplemented by Consultant's Proposal, collectively attached <br />hereto 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 <br />compatible with City's computer system, as agreed between the Project Manager and <br />Consultant. <br />In regard to all copyrightable material produced as a deliverable under this <br />Agreement, including but not limited to books, reports, plans, photographs, and <br />drawings, Consultant agrees, for itself and its affected officers, employees, agents, <br />