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<br />WORK MAY PROCEED
<br />UNTIL INSURANCE EXPIRES N- 2010 -095
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<br />AGREEMENT FOR PROVISION OF
<br />G - �},ti/J -! � H2Ci gip{ _ C�� ELECTRICAL ENGINEERING SERVICES
<br />N�U�\ �.ba -�
<br />THIS AGREEMENT, made and entered into this day of September, 201 O by and between
<br />Thermotest, Inc., a California corporation thereinafter "Consultant "), and the City of Santa Ana, a charter
<br />city and municipal corporation organized and existing under the Constitution and laws of the State of
<br />California (hereinafter "City ").
<br />RECITALS
<br />A. The City desires to retain a consultant having special skill and knowledge in the field of
<br />electrical engineering to provide safety inspections and certification of the City's pumping
<br />stations.
<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
<br />knowledgeable in its field and that any services performed by Consultant under this Agreement
<br />will be performed in compliance with such standards as may reasonably be expected from a
<br />professional consulting firm in the field.
<br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
<br />and conditions hereinafter set forth, the parties agree as follows:
<br />1. SCOPE OF SERVICES
<br />Consultant shall perform CalOSHA approved electrical safety inspections and certifications of
<br />the City's pumping stations switch gear and motor control center. Said inspections shall include Arc
<br />Flash Hazard Analysis for the East, North East, Cambridge, Walnut, Garthe and South Pumping Stations
<br />and for Wells 36 and 39. Such Arc Flash Hazard Analysis shall be in conformance with the standards as
<br />set forth in Consultant's Proposal dated August 23, 201 O, attached as Exhibit A to this Agreement.
<br />Additionally, Consultant will perform Infrared Inspections of the electrical systems at all pumping
<br />stations and well sites within the City, as set forth in Consultant's Proposal dated September 14, 2010,
<br />attached as Exhibit A -1 to this Agreement. Finally, Consultant will provide NFPA70E Safety Training
<br />for City employees.
<br />2. DELIVERY OF WORK PRODUCT - OWNERSHIP
<br />In regard to all material produced as a deliverable under this Agreement, including but not limited
<br />to records, papers, drawings, specifications, programs, systems and other materials prepared by
<br />Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
<br />volunteer workers, that �a) other such material shall be the property of the City, and may not be
<br />copyrighted without prior review from the City, and (b) the authors of all such material, whether
<br />copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of
<br />their official duties, as a condition of payment to the Consultant, aroyalty -free, nonexclusive, irrevocable
<br />license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use
<br />such materials.
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