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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCEEXP <br />IRES <br />IrK <br />CLERK OF COUNCIL <br />DATE <br />A-2023-053-03 <br />AGREEMENT WITH EEC ENVIRONMENTAL TO PROVIDE ON -CALL ENGINEERING <br />DESIGN SERVICES FOR PFAS TREATMENT SYSTEMS FOR THE CITY OF SANTA ANA <br />c . rWA-C-Jaynes . 6o(k)(Skk) ) <br />THIS AGREEMENT is made and entered into on this 4th day of April, 2023 by and between EEC <br />Environmental, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and <br />N municipal corporation organized and existing under the Constitution and laws of the State of California <br />o ("City"). <br />N <br />o RECITALS <br />� v A. On September 29, 2022, the City issued Request for Proposal ("RFP") No. 22-133, by which it <br />sought qualified consultants to provide on -call engineering design services for PFAS treatment <br />systems for the City's Public Works Agency. <br />B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant <br />represents that it is able and willing to provide the services described in the scope of work that was <br />included in RFP 22-133. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable <br />in its field and that any services performed by Consultant under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional consulting <br />firm 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 />On 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. 22-133, which is attached hereto as Exhibit <br />A and incorporated in full, and further delineated in Consultant's proposal, attached hereto as Exhibit B <br />and incorporated in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant <br />under this Agreement. Consultant shall be paid only for actual services performed under this <br />Agreement at the rates and charges identified in Exhibit C. Consultant is one of three (3) <br />consultants selected to provide engineering design services for PFAS treatment systems on an <br />on -call basis under RFP 22-133. The total compensation for these services provided by all <br />such consultants selected under RFP 22-133 shall not exceed the shared aggregate amount of <br />Three Million, Dollars and Zero Cents ($3,000,000) during the term of the Agreement, <br />including any extension periods. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />