METCALF & EDDY, INC. 1 -2005 - Laserfiche WebLink

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IPARANCF. ON FHLE V:ORK MAY' PROCLED UNTIL INSURANCE EXPIRES 014 -o1- C(c CLERK OF COUNCIL DATE:S -23 . cS A- 2005 -077 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this day of Q IJ 2005 by and between Metcalf & Eddy, a Delaware corporation (hereinafter l "Consusu ant he 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 prepare plans, specifications and cost estimates and to provide construction inspection services. 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 prepare plans, specifications and cost estimates, and provide construction inspection services for the improvements to City's West Pump Station Facility (said Project), as set forth in Consultant's Proposal dated March 1, 2005, which is on file with the Santa Ana Public Works Agency, and incorporated by this reference. The portion of said Proposal describing the services to be provided is attached as Exhibit A to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to any copyrightable material, including but not limited to books, reports, plans, photographs, drawings and computer programs, which is produced as part or result of this Agreement, the Consultant understands and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers also understand that (a) such material may not be copyrighted without prior review from the City, and (b) the authors of all such material,