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<br />INSURANCE ON FILE A-2008-012 <br />WORK MAY PROCEED <br />· I, UNJ.TI..INSURANCE EXPIRES <br />7-/-0~ , <br />CLERK OF COUNCIL <br />DATE: /.- ;).6 -0 l( CONSULTANT AGREEMENT <br /> <br />')' ?w A (:2-) fJ, <br />l ' ..: s THIS AGREEMENT, made and entered into this 7 day of January, 2008 by <br />M~ (.~ € \ 6 IYj~nd between United Inspection & Testing, Inc. a California corporation (hereinafter <br />"Consultant"), and the City of Santa Ana, a charter City and municipal corporation <br />organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a Consultant having special skill and knowledge in the <br />field of material testing and construction inspection services. <br /> <br />B. The City prepared and distributed a Request for Proposals (RFP) attached hereto <br />as Exhibit A, to solicit proposals from qualified consulting firms for the required <br />professional services. <br /> <br />C, In response to the RFP, on November 27, 2007, Consultant submitted the <br />proposal attached hereto as Exhibit B to provide said services. <br /> <br />D. Consultant represents that Consultant is able and willing to provide the services <br />contained in Exhibit B to the City. <br /> <br />E. In undertaking the performance of this Agreement, Consultant represents that it <br />is knowledgeable in its field and that any services performed by Consultant <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from a professional consulting firm in the field. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as set forth III Exhibit A to this <br />Agreement. <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the charges identified in Exhibit C. The total sum to be expended under this <br />Agreement, shall not exceed Four Hundred Thirty-Six Thousand Three Hundred Thirty <br />Eight Dollars ($436,338.00) during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of <br />