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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES � AxAA-A CLERK OF COUNCIL hATf A-2023-053-01 AGREEMENT WITH TETRA TECH, INC., TO PROVIDE ON -CALL ENGINEERING DfESIGN SERVICESFORPFAS TREATMENT SYSTEMS FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 4th day of April, 2023 by and between Tetra Tech, c� Inc., a Delaware corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal o corporation organized and existing under the Constitution and laws of the State of California ("City"). N c RECITALS A. On September 29, 2022, the City issued Request for Proposal ("RFP") No. 22-133, by which it sought qualified consultants to provide on -call engineering design services for PFAS treatment systems for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-133. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 22-133, which is attached hereto as Exhibit A and incorporated in full, and further delineated in Consultant's proposal, attached hereto as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide engineering design services for PFAS treatment systems on an on -call basis under RFP 22-133. The total compensation for these services provided by all such consultants selected under RFP 22-133 shall not exceed the shared aggregate amount of Three Million, Dollars and Zero Cents ($3,000,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals