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CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 1st day of September, 2015, by and <br />between KTU +A, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, <br />a charter city and municipal corporation organized and existing under the Constitution and laws <br />of the State of California (hereinafter "City "). <br />RECITALS <br />A. The City has identified five corridors that it believes would be good candidates for <br />Complete Streets improvements. The City also recognizes that in order to have <br />Complete Streets it must also have a connected network. The five identified corridors <br />shall also be analyzed for connectivity to an existing or planned Complete Streets <br />network. <br />B. Consultant represents that Consultant is able and willing to provide transportation /traffic <br />planning and engineering services. <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 provide traffic /transportation planning and engineering services as set <br />forth in the scope of services attached hereto as Exhibit A and incorporated by this reference to <br />this Agreement. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City all work product which results from the services provided. <br />Said work product shall be submitted in a hard copy and produced in a form compatible with <br />City's computer system, as agreed between the City's Project Manager and Consultant. <br />In regard to material produced as a deliverable under the Agreement, including, but not <br />limited to, books, reports, plans, photographs, drawings, videotapes, and computer programs, <br />Consultant agrees, for itself and its affected officers, employees, agents, contractors, and <br />volunteer workers, that the authors of all such material, whether copyrighted or not, award to the <br />City, and to its officers, agents and employees acting within the scope of their official duties, as <br />a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license <br />throughout the world to disclose, publish, translate, reproduce, and use such materials. <br />3. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit B attached hereto and incorporated herein by this <br />reference. The total sum to be expended under this Agreement shall not exceed $297,000 <br />during the Term of this Agreement. <br />251 -5 Page 1 of <br />