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INSURANCE ON FILE JUN 2 3 2021 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPM <br />7i . 3/ ?02J <br />CLERK OF COUNCIL <br />DATE: <br />A-2021-097-02 <br />AGREEMENT TO PROVIDE SPILL RESPONSE, HAZARDOUS WASTE <br />DISPOSAL, AND STORM DRAIN FACILITY MAINTENANCE SERVICES <br />b = YW A( (4ZA I Cr (J,) TT <br />THIS AGREEMENT is made and entered into this 151h day of June, 2021 by and between United <br />Storm Water, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />("City"). <br />RECITALS <br />A. On March 4, 2021, the City issued Request for Proposal No. 21-004, by which it <br />sought qualified consultants to provide spill response, hazardous waste disposal, <br />and storm drain facility maintenance services for the City's Public Works Agency. <br />B. Consultant submitted a responsive proposal that was among those selected by the <br />City. Consultant represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP No. 21-004. <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 />Agreement will be performed in compliance with such standards as may reasonably <br />be expected from a professional contracting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform the services described in the scope of work that was included in <br />RFP No. 21-004, which is attached as Exhibit A, and as more specifically delineated in <br />Consultant's proposal, which is attached as Exhibit B and incorporated in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />provided under RFP No. 21-004, the rates and charges identified in Exhibit C. The <br />total annual amount to be expended under this Agreement shall not exceed <br />$350,000 during the term of this Agreement, including any extension periods. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals and Scope of Work, which may reasonably be <br />expected by City. <br />Page 1 of 8 <br />