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CONSULTANT AGREEMENT FOR
<br />CONSTRUCTION SURVEYING SERVICES WITH
<br />JOSEPH C. TRUXAW AND ASSOCIATES, INC.
<br />THIS CONSULTANT AGREEMENT made and entered into this 15th day of April, 2014 by and
<br />between Joseph C. Truxaw and Associates, Inc., a California corporation (hereinafter "Consultant "), and the
<br />City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and
<br />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 construction
<br />surveying services.
<br />B. Consultant represents that Consultant is able and willing to provide such services to the City.
<br />C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its
<br />field and that any services performed by Consultant under this Agreement will be performed in
<br />compliance with such standards as may reasonably be expected from a professional consulting firm in
<br />the field.
<br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and
<br />conditions hereinafter set forth, the parties agree as follows:
<br />1. SCOPE OF SERVICES
<br />Consultant shall perform construction surveying services for City projects, on an on -call basis, as set
<br />forth in the City's Request for Proposals — Scope of Services dated November 4, 2013, attached hereto as
<br />Exhibit A, and the Consultant's Proposal, attached hereto as Exhibit B. All Exhibits to this Agreement are
<br />incorporated by this reference.
<br />2. DELIVERY OF WORK PRODUCT
<br />Consultant shall deliver to City all work product which results from the services provided. Said work
<br />product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as
<br />agreed between the City's Project Manager and Consultant.
<br />In regard to material produced as a deliverable under the Agreement, including but not limited to books,
<br />reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its
<br />affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material,
<br />whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope
<br />of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable
<br />license throughout the world to disclose, publish, translate, reproduce, and use such materials.
<br />3. COMPENSATION
<br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and
<br />charges identified in Exhibit C. The total sum to be expended under this Agreement shall not exceed
<br />$250,000.00 during the initial two -year term of this Agreement.
<br />b. The total sum to be expended under this Agreement shall not exceed $250,000.00 during each of the
<br />subsequent one -year option periods.
<br />c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing
<br />work performed, subject to City accounting procedures. Payment need not be made for work which fails to
<br />meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
<br />Exhibit 1
<br />25E -4
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