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A-2006-177 rr' CONSULTANT AGREEMENT D _( _1W th THIS AGREEMENT, made and entered into this 17 day of July, 2006 by and between Tetra Tech, Inc., a Delaware corporation (hereinafter "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 water and sewer engineering. 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 provide design engineering services to prepare plans, specifications and cost estimates, assist in bid services and provide construction support for water and sewer improvement projects, on an as -needed basis, as set forth in its Proposal dated June 7, 2006, attached hereto as Exhibit A. The Executive Director of Public Works, (hereinafter "the Executive Director"), or his designee, will request a Scope of Work and Fee Proposal for each project. Consultant will submit a Proposal, which the Executive Director may accept, amend with the consent of Consultant, or decline. Consultant may commence work upon receipt of a written authorization executed by the Executive Director or his designee. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to any copyrightable material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, the Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers that (a) such material may not be copyrighted without prior