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AGREEMENT FOR PROVISION OF <br /> ENGINEERING SERVICES <br /> THIS AGREEMENT, made and entered into this 1st day of February, 2010 by and <br /> between CPC POWERTEC, INC., a California corporation (hereinafter "Consultant"), and the <br /> City of Santa Ana, a charter city and municipal corporation organized and existing under the <br /> 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 /> engineering and programming services to provide plan and specification review and <br /> assistance in preparation of City water projects. <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 engineering and programming services as needed to assist City <br /> in the preparation of plans, specifications and bid documents for City water projects, as set forth <br /> in Exhibit A, attached hereto and incorporated by this reference. <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 /> <br /> not limited to records, papers, drawings, specifications, programs, systems and other materials <br /> 1 <br /> 25B-3 <br /> <br />