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AGREEMENT FOR PROVISION OF <br />DESIGN ENGINEERING SERVICES <br />THIS AGREEMENT, made and entered into this 6t" day of April, 2009 by and between <br />Huitt-Zollars, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />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 />design engineering for the purpose of preparing construction documents. <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 perform consulting engineering services, as set forth in City's Request <br />for Proposals -Geometric Approval Drawings (GAD) and Plans, Specifications and Estimates <br />(PS&E) Preparation for the Alton Avenue Overcrossing at State Route (SR) 55 Project, dated <br />November 25, 2008, attached as Exhibit A to this Agreement, and incorporated by reference. <br />Said services will be provided by Consultant personnel and sub consultants as set forth in <br />Consultant's Proposal dated January 5, 2009, attached hereto as Exhibit A-1. <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 />25D-19 <br />