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INSURANCE NOT ON FILL <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: <br />A-2022-204-03 <br />AGREEMENT TO PROVIDE ON -CALL VARIOUS ENVIRONMENTAL SERVICES: <br />ENVIRONMENTAL SITE ASSESSMENT FOR THE CITY OF SANTA ANA <br />6:Dh(.P,Vicl R) <br />(,AV) 2 THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between <br />Leighton Consulting, 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 />N ("City"). <br />ci <br />cli <br />a <br />r— RECITALS <br />0 <br />A. On June 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought <br />qualified consultants in the field of Environmental Site Assessment for the proposed <br />Various Environmental Services. <br />B. Consultant submitted a responsive proposal that was among those selected by the City. <br />Consultant represents that it is able and willing to provide the services described in the <br />scope of work that was included in RFP No. 22-090. <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 be <br />expected from a professional consulting 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 />On an as -needed basis, and at the City's sole discretion, Consultant shall perform during <br />the term of this Agreement, the tasks and obligations including all labor, materials, tools, <br />equipment, and incidental customary work required to fully and adequately complete the services <br />described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by <br />reference. <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 services performed <br />under the Agreement at the rates and charges identified in Exhibit B_ Consultant is one <br />of three Consultants selected to provide Environmental Site Assessment. The total <br />aggregate amount, among the three consultants, shall not exceed the shared aggregate <br />amount of $135,000 annually during the term of this agreement, including any <br />extension periods. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />