25H - AGMT - ON-CALL SEWER SRVS (2)

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AGREEMENT FOR ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES WITH T.E. ROBERTS, INC. THIS AGREEMENT made and entered into this 161h day of September; 2014 by and between T.E. Roberts, Inc., a California corporation (hereinafter "Contractor "), 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 Contractor having special skill and knowledge in the field of emergency repair of sewer and water infrastructure, B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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 Contractor shall perform emergency construction services for City requested repair of sewer and water infrastructure, on an on -call basis, as set forth in the City's Request for Proposals issued July 11, 2014, attached hereto as Exhibit A and the Contractor's Proposal, attached hereto as Exhibit B. All Exhibits to this Agreement are incorporated by this reference. 2. DELIVERY OF WORK PRODUCT Contractor shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with the City's computer system, as agreed between the City's project manager and Contractor. In regard to material produced as a deliverable under this Agreement, including but not limited to reports, as -built drawings, photographs, videotapes, computer programs and any other documentation pertaining to said repair work, Contractor agrees, for itself and its affected officers, employees, agents, consultants, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Contractor, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. EXHIBIT 3 25H -135