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AGREEMENT FOR <br />PROFESSIONAL CONSULTING SERVICES <br />CITYWIDE TRAFFIC SURVEY <br />THIS AGREEMENT, made and entered into this 15`" day of November, 2010 by <br />and between Albert Grover & Associates, a California corporation (hereinafter "AGA "), <br />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 <br />field of traffic engineering services. <br />B. AGA represents that it is able and willing to provide such services for the City. <br />C. In undertaking the performance of this Agreement, AGA represents that it is <br />knowledgeable in its field and that any services performed by AGA under this <br />Agreement will be performed in compliance with such standards as may <br />reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />AGA shall provide engineering and traffic survey services to complete a Citywide <br />Speed Limit Study, as set forth in AGA's Proposal dated September 15, 2010, attached <br />hereto as Exhibit A, and incorporated by reference. <br />2. DELIVERY OF WORK PRODUCT - OWNERSHIP <br />AGA warrants and represents that it has the absolute right to enter into and <br />perform this Agreement and will perform its obligations hereunder in accordance with <br />standards and practices prevailing in the industry. AGA's contribution to the Project, <br />including works to be produced by AGA hereunder, will not infringe or misappropriate <br />the proprietary or personal rights of any third person or party. AGA shall deliver to City <br />any work product which results from the services provided. Said work product shall be <br />submitted in hard copy and produced in a form compatible with City's information <br />systems, as agreed between the Project Manager and AGA. <br />In regard to all material produced as a deliverable under this Agreement, <br />including but not limited to records, papers, drawings, specifications, programs, systems <br />and other materials prepared by AGA, AGA agrees, for itself and its affected officers, <br />25J -3 <br />