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INS URANIC w= N FILE WORK MAY NOT PROCEED A- 2004 -131 CLERK OF COUNCIL DATE: q-0-04 01 PWA CONSULTANT AGREEMENT "�� 2004 b THIS AGREEMENT, made and entered into this lv day of Y and between Camp Dresser & McKee, Inc., a California corporation (herema "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 storm water /urban runoff management to help the City develop a Drainage Facility Inspection, GIS Inventory and Source Control Program. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. The standard of care for all professional engineering and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under similar conditions at the same time and in the same locality. 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: SCOPE OF SERVICES Consultant shall perform those services as set forth in City's Request for Proposal, incorporated by this reference and Consultant's Proposal and Fee Schedule, attached hereto as Exhibit A. Consultant and the City may agree upon the performance by Consultant of additional work beyond the Scope of the RFP and Proposal but related to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $335,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. OWNERSHIP OF MATERIALS Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant pursuant to this Agreement shall be the property of the City.