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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />(',714A l- <br />CLERK OF COUNCIL <br />DATE: <br />N-2023-105 <br />oOAA)Z <br />AGREEMENT WITH 5M CONTRACTING, INC., TO PROVIDE ASBESTOS <br />ABATEMENT AND REMEDIATION SERVICES AT 419 FRANKLIN STREET <br />e� THIS AGREEMENT is made and entered into on this 12th day of April, 2023 by and between 5M <br />Contracting, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />® California ("City"). <br />a RECITALS <br />Q <br />A. The City desires to retain a contractor having special skill and knowledge in the field of <br />asbestos abatement and remediation. <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor 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 />Contractor shall perform during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the abatement and remediation services described and set forth in Exhibit <br />A, attached hereto and incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services for <br />City, the rates and charges identified in Exhibit A. The total amount to be expended <br />during the term of this Agreement shall not exceed Forty -Nine Thousand, Five Hundred <br />Dollars and Zero Cents ($49,500.00). <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. <br />c. Payment need not be made for work which fails to meet the standards of performance <br />set forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and expire on June 30, <br />#19793v4 Page 1 of <br />