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NsuRANCE ON FILE N-2009-018 <br />;;ORK MAY PROCEED <br />JN1ll INSURANCE EXPIRES <br />p-O6i <br />CLERK DF COUNCIL <br />DATE 3_1C Cel <br />AGREEMENT FOR PROVISION OF ON-CALL <br />G, STRUCTURAL ENGINEERING SERVICES <br />Jasc;, GQi�r;�l <br />THIS AGREEMENT, made and entered into this 23rd day of February, 2009 by and <br />between Structures, A Consulting Co., Inc., a California corporation (hereinafter "Consultant"), <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 />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />structural engineering. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <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 />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 />1. SCOPE OF SERVICES <br />Consultant shall perform structural engineering services on an on-call basis, as requested <br />by City. When requested, Consultant will provide a cost estimate and timeline to complete <br />services. If satisfactory, the Executive Director of Public Works will authorize, in writing, the <br />commencement of services. <br />2. DELIVERY OF WORK PRODUCT - OWNERSHIP <br />Consultant warrants and represents that it has the absolute right to enter into and perform <br />this Agreement and will perform its obligations hereunder in accordance with standards and <br />practices prevailing in the industry. Consultant's contribution to the Project, including works to <br />be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or <br />personal rights of any third person or party. Consultant shall deliver to City any work product <br />which results from the services provided. Said work product shall be submitted in hard copy and <br />produced in a form compatible with City's information systems, as agreed between the Project <br />Manager and Consultant. <br />In regard to all material produced as a deliverable under this Agreement, including but <br />not limited to records, papers, drawings, specifications, programs, systems and other materials <br />