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INSURANCE ON FILE WORK MAY PROCEED A-2009-022 UNTIL INS RANCE E) PI S CLERK OF COUNCIL MAR 1 0 2009 AGREEMENT FOR PROVISION OF ON-CALL SERVICES LANDSCAPE ARCHITECT AND ENGINEERING THIS AGREEMENT, made and entered into this 2nd day of March, 2009 by and between Tatsumi and Partners, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). 1 RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of engineering and landscape architecture for the purpose of preparing construction documents. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform engineering and landscape architecture services on an on-call basis, as set forth in City's Request for Proposals dated January 7, 2009, attached as Exhibit A to this Agreement, and incorporated by reference. Said services will be provided by Consultant personnel and sub consultants as set forth in Consultant's Proposal dated February 4, 2009, on file at the Santa Ana Public Works Agency. In providing such services, Consultant shall adhere to the City's CADD standards. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be the President or his/her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement.