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<br />INSURI\NCE NOl ON i.ILl <br />WORK MI\Y NOl PROCEED <br />CLERK Of COUNCIL <br />DJ\lE:3,.;i3~05 <br /> <br />t'P-.,.J(J. <br />(1. ~,W..\ <br /> <br />A-2005-025 <br /> <br />CONSULTANT AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this 'I+"- day of P, b ,2005 by <br />and between Boyle Engineering Corporation, a California corporation (hereinafter" onsultant"), <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br />the Constitution and laws of the State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />civil engineering, architectural and landscaping services to prepare contract documents. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <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 /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform civil engineering, architectural and landscaping services to <br />prepare contract documents, including plans, specifications and cost estimates, for various Public <br />Works projects, on an as-needed basis, as set forth in its Proposal dated November 12,2004, on <br />file with the Santa Ana Public Works Agency. The Executive Director of Public Works, <br />(hereinafter "the Executive Director"), or his designee, will request a Scope of Work and Fee <br />Proposal for each project. Consultant will submit a Proposal, which the Executive Director may <br />accept, amend with the consent of Consultant, or decline. Consultant may commence work upon <br />receipt of a written authorization executed by the Executive Director or his designee. <br /> <br />2. DELIVERY OF WORK PRODUCT <br /> <br />Consultant shall deliver to City all work product resulting from the services provided. <br />Said work product shall be submitted in a hard copy and in a form compatible with City's <br />computer system, as agreed between the Executive Director and Consultant. <br />In regard to all copyrightable material produced as a deliverable under the Agreement, <br />including but not limited to books, reports, plans, photographs, drawings and computer <br />programs, the Consultant understands and shall ensure that all of Consultant's affected officers, <br />employees, agents, contractors, and volunteer workers also understand that (a) such material may <br />not be copyrighted without prior review from the City, and (b) the authors of all such material, <br />