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INSURANCE NOT ON FILE A-2010-012 <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />SATE: 2-z- AGREEMENT FOR PROVISION OF <br />V-T ENGINEERING SERVICES <br />THIS AGREEMENT, made and entered into this I" 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 />?n Constitution and laws of the State of California (hereinafter "City"). <br />/ RECITALS <br />Q <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />o-- 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 />not limited to records, papers, drawings, specifications, programs, systems and other materials