25J - AGMT - TESTING AND INSPECTION SRVS FOR CIP

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CONSTRUCTION INSPECTION SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 7 h day of March, 2011 by and between AESCO, 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 material testing and construction inspection services to assist in the construction of City's capital improvement projects. B. The City prepared and distributed a Request for Proposals (RFP) to solicit proposals from qualified consulting firms for the required professional services. C. In response to the RFP, Consultant submitted its proposal, dated January 4, 2011, to provide said services. D. Consultant represents that Consultant is able and willing to provide the required material testing and construction inspection services to the City. E. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant 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 Consultant shall provide material testing and construction inspection services on an as needed basis on the request of the City, as set forth in Exhibits A, attached hereto, and as more particularly described in Consultant's Proposal, attached hereto as Exhibit B. All exhibits attached to this Agreement are incorporated by reference. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of the City shall be the Executive Director of the Public Works Agency or his designated representative (the "Director") and the representative of the Consultant shall be Adam Chamaa. Except as may be otherwise stated herein, the 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 Consultant shall deliver to City all work product which results from the services provided, including all records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. 25J-3