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A- 2011 -057 <br />-S AGREE"W'jFNT <br />THIS AGREEMENT, made and entered into this T" day of March, 2011 by and between <br />et-( ]I-)(- AESCO, Inc. a. California corporation (herei,,- Al� :r "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 />4 California (hereinafter "City "). <br />RECI'T'ALS <br />A. The City desires to retain a Consultant having special skill and knowledge in the field of material <br />testing and construction inspection services to assist in the construction of City's capital <br />improvement projects. <br />B. The City prepared and distributed a Request for Proposals (RFP) to solicit proposals from qualified <br />consulting firms for the required professional services. <br />C. In response to the RFP, Consultant submitted its proposal, dated January 4, 2011, to provide said <br />services. <br />D. Consultant represents that Consultant is able and willing to provide the required material testing and <br />construction inspection services to the City. <br />E. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in <br />its field and that any services performed by Consultant under this Agreement will be performed in <br />compliance with such standards as may reasonably be expected from a professional consulting firm <br />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 provide material testing and construction inspection services on an as needed <br />basis on the request ofthe City, as set forth in Exhibits A., attached hereto, and as more particularly <br />described in Consultant's Proposal, attached hereto as Exhibit B. All exhibits attached to this Agreement <br />are incorporated by reference. <br />REPRESENTATIVES <br />For purposes of implementing this Agreement, the representative of the City shall be the <br />Executive Director of the Public Works Agency or his designated representative (the "Director ") and the <br />representative of the Consultant shall be Adam Chamaa. Except as may be otherwise stated herein, the <br />representatives shall have the authority to act on behalf of their respective parties in carrying out the terms <br />of this Agreement. <br />3. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City all work product which results from the services provided, <br />including all records, papers, drawings, specifications, programs, systems and other materials prepared by <br />Consultant. Said work product shall be submitted in a hard copy and produced in a form compatible with <br />City's computer system, as agreed between th,� Project Manager and Consultant. <br />