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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />_5 - I-oil <br />CLERK OF COUNOIL <br />DATES l??l-off <br />CONSULTANT AGREEMENT <br />A-2008-217 <br />o PuJ (::).) <br />?1umk( pY na ,d, c THIS AGREEMENT, made and entered into this 18`h day of August, 2008 by and <br />between URS Corporation dba URS Corporation Americas, a Nevada 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 />engineering and landscaping services. <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 perform engineering and landscape architecture services on an on-call <br />basis, as set forth in its Proposal dated May 22, 2008, attached as Exhibit A to this Agreement, <br />and incorporated by reference. <br />2. DELIVERY OF WORK PRODUCT - OWNERSHIP <br />Consultant warrants and represents that it has the absolute right to enter into and perform <br />this Agreement and will perform its obligations hereunder in accordance with standards and <br />practices prevailing in the industry. Consultant's contribution to the Project, including works to <br />be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or <br />personal rights of any third person or party. Consultant shall deliver to City any work product <br />which results from the services provided. Said work product shall be submitted in hard copy and <br />produced in a form compatible with City's information systems, as agreed between the Project <br />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 its affected officers, <br />employees, agents, contractors, and volunteer workers, that (a) other such material may not be <br />copyrighted without prior review from the City, and (b) the authors of all such material, whether