T & B PLANNING (2) - 2010 - Laserfiche WebLink

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A- 2010 -040 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES AGREEMENT FOR ENVIRONMENTAL REVIEW SERVICES v _ /? —f CLERK OF COUNCIL W,r, A.TF:3 --7.3 THIS AGREEMENT, made and entered into this 1" day of March, 2010 by and between T &B V'�1 PLANNING, INC., a California corporation (hereinafter "Consultant "), 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 consultant having special skill and knowledge in the field of —4--— environmental project review to prepare and environmental study and related technical reports. B. Consultant represents that Consultant is able and willing to provide such services to the City. p g P Y C. In undertaking the performance of this Agreement, Consultant represents that it is 3 knowledgeable in its field and that any services performed by Consultant under this Agreement Q 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 Consultant shall prepare an Environmental Impact Report (EIR), supporting technical studies and all CEQA required notices for the San Lorenzo Sewer Lift Station Project (hereinafter, "Project "), as set forth in Consultant's Proposal dated January 29, 2010, attached as Exhibit A to this Agreement, and incorporated by reference. If additional services /studies are required to complete the EIR, Consultant shall prepare a written Proposal and Fee Schedule setting forth the additional services. The Executive Director of Public Works may, in writing, authorize the additional services proposed by Consultant. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be its President or his /her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant.