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AGREEMENT TO PROVIDE ON -CALL MATERIAL TESTING AND <br />SPECIAL INSPECTION SERVICES <br />THIS AGRliliMliN I' is made and entered into this 6th day of July, 7021 by and between <br />AESCO, Inc. (" Consultant"), and the Cily ol'Sania Ana, a charter city and municipal corporation <br />organized and existing under the Constinuion and laws of the State of CaIilonia ("City'*) - <br />RECITALS <br />A- On September 2, 2020, the City issued Request for Proposal No. 20-1 11, by which <br />it sought qualified dx711sultants to provide on -call material testing and special <br />inspection services for the City'; Public Works Agency. <br />B. Consultant submitted a responsive proposal that was among those selected by the <br />City. Consultant represents that if is able and willing to provide the services <br />described in the scope of work that was included in RFP No- 20-111. <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 <br />Agrccinent will be performed in conrplianec with such standards as may reasonably <br />be expected from a professional contracting firm in the field - <br />NOW TIIFRE;E'ORE, in consideration ofthc mutual and respective promises, and subject to the <br />terns and conditions hereinafter set forth, the parties agn-ee as follows: <br />SCOPE: OF SERVICES <br />(_)n an on -call basis, and at the City's sole discretion. Consultant shall perform the services <br />described in the scope of work that was included in RFP No- 20-1 11, which is attached as Exhibit <br />A, and as more specifically delineated in Consultant's proposal, Which is attached a; Exhibit B <br />and incorporated in lull. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for actual sevices <br />performed under this Agreement at the rates and charges identified in Exhibit C. <br />Consultant is one of three (3) consultants selected to provide services cn an on -call <br />basis Under RFP No- 20-111- The total conrpcnsation for these services provided <br />by all Such consultants selected under RFP No- 20-111 ;hall not exceed the shared <br />aggregate amount of 51,000,000 during the term of the Agreement, including any <br />extension periods. <br />b- Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing world perfinmicd, subject to City accounting procedures - <br />Payment need not be made for work which fails to meet the standards of <br />City Council 21 — 4 7/6/2021 <br />Pagc 1 uf8 <br />