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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INS R(1N L EXPIRES <br />CITY CLERK {1�� <br />DATE: <br />N-2023-223 <br />AGREEMENT TO PROVIDE END -TO -END LEAD AND COPPER COMPLIANCE <br />PROGRAM SOLUTION SERVICES BETWEEN THE CITY OF SANTA ANA AND 120 <br />p ; P W f t (A � WATER AUDIT, INC. <br />rr <br />' tTHIS AGREEMENT is made and entered into this 12th day of June, 2023 by and between 120 <br />Water Audit, 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 />r+7 <br />N <br />N RECITALS <br />o A. The City desires to retain a Consultant having special skill and knowledge in the <br />;t <br />4 field of end -to -end Lead and Copper Compliance program solutions for the <br />Public Works Agency for the City. <br />B. Consultant represents that Consultant is able and willing to provide such services <br />to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it <br />is knowledgeable in its field and that any services performed by Consultant under <br />this Agreement will be performed in compliance with such standards as may <br />reasonably 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 tasks and obligations including all labor, materials, tools, <br />equipment, and incidental customary work required to fully and adequately complete the <br />services described and set forth in "Scope of Services — Exhibit A", attached hereto and <br />incorporated herein by this reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services under this Agreement, the rates and charges identified in "Consultant's <br />Fee Proposal — Exhibit B", attached hereto and incorporated herein by this <br />reference. The total sum to be expended under the term of this Agreement, <br />including any extension period(s), shall not exceed $50,000.00, and is comprised <br />of the base amount of $45,330.00 and a contingency amount of $4,670.00 for any <br />additional services, to be exercised at the City's sole discretion. <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 <br />procedures. Payment need not be made for work which fails to meet the standards <br />DMS 26232294.10 <br />