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THIS AGREEMENT, made and entered into this _ day of , 2014 by and <br />between Fleming Environmental, Inc., a California corporation (hereinafter "Consultant "), and <br />the City of Santa Ana, a charter city and municipal corporation organized and existing tinder the <br />Constitution and laws of the State of California (hereinafter "City "). <br />RECITALS <br />A, The City desires to retain a consultant having special skill and knowledge in the field of <br />designing and constructing site improvements and infrastructure for installation of a new <br />propane fueling station at the City of Santa Ana Corporate Yard. <br />B. Consultant represents that it is able and willing to provide such services to the City. <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. Consultant assumes full <br />responsibility to City for the improper acts and omissions of its Subcontractors or <br />others employed or retained by Consultant in connection with the Project. <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 />I SCOPE OF SERVICES <br />Consultant shall perform Design and Construction services as set forth in Exhibit A to <br />this Agreement, specifically those services as identified at pages 10 -21 of the City's Request for <br />Proposals # which is incorporated herein by reference. <br />2. COMPENSATION <br />City agrees to pay, and Consultant agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit B. The total sum to be expended under this Agreement <br />shall not exceed $155,229 during the term of this Agreement. <br />Invoices. Consultant shall submit a monthly invoice by the fifteenth of the month to the <br />City for the services rendered in the prior month. <br />All invoices for work performed under this Agreement shall be submitted in a format <br />approved by the City, Invoices shall include the following information at a minimum: <br />I. Consultant's invoice number <br />ii. Beginning and ending dates for services <br />iii. City project number and /or name (if applicable) <br />2511 -3 <br />