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A-2014-229 <br />mimtu 9A.+7vnmi," LAI <br />,-_n-ATF' <br />ERK OF COWII. <br />� <br />T F lb-g,iq <br />AGREEMENT FOR ON-CALL <br />SEWER AND WATER SYSTEM REPAIR SERVICES <br />WITH PAULUS ENGINEERING, INC. <br />THIS AGREEMENT made and entered into this 16`x' day of September, 2014 by and <br />between Paulus Engineering, Inc., a California corporation (hereinafter "Contractor"), 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 Contractor having special skill and knowledge in the field of <br />• • emergency repair of sewer and water infrastructure. <br />U <br />B, Contractor represents that Contractor is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor 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 />Contractor shall perform emergency constnrction services for City requested repair of <br />sewer and water infrastructure, on an on-call basis, as set forth in the City's Request for Proposals <br />issued July 11, 2014, attached hereto as Exhibit A and the Contractor's Proposal, attached hereto <br />as Exhibit B. All Exhibits to this Agreement are incorporated by this reference. <br />2. DELIVERY OF WORK PRODUCT <br />Contractor shall deliver to City all work product which results from the services <br />provided. Said work product shall be submitted in a hard copy and produced in a form <br />compatible with the City's computer system, as agreed between the City's project manager and <br />Contractor. <br />In regard to material produced as a deliverable under this Agreement, including but not <br />limited to reports, as -built drawings, photographs, videotapes, computer programs and any other <br />documentation pertaining to said repair work, Contractor agrees, for itself and its affected <br />officers, employees, agents, consultants, and volunteer workers, that the authors of all such <br />material, whether copyrighted or not, award to the City, and to its officers, agents and employees <br />acting within the scope of their official duties, as a condition of payment to the Contractor, a <br />royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, <br />translate, reproduce, and use such materials, <br />