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AGREEMENT FOR PREPARATION OF STORM DRAIN MASTER PLAN THIS AGREEMENT, made and entered into this 22"a day of January, 2013 by and between RBF CONSULTING, a company of Michael Baker 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"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of engineering to provide services related to the update of the City's Storm Drain Master Plan. 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 update the City's Storm Drain Master Plan. Consultant shall prepare an inventory of the current system, mapping of the system, hydrology and hydraulic analyses, and the preparation of a report cataloging existing storm drain facilities. Said report shall include a description of the facilities' condition, recommended actions, master planning methodologies and recommendation for new facilities, as set forth in Consultant's Proposal dated October 29, 2012, attached hereto as Exhibit A and incorporated by this reference. 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. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product 20C-3