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EXHIBIT 1 <br />CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND AESCO, INC. FOR ON -CALL ENGINEERING SERVICES <br />THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between <br />AESCO, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On February 22, 2023 the City issued a Request for Proposal ("RFP") No. 23-025, by <br />which it desired to retain a consultant having special skill and knowledge in the field of <br />engineering services on an "on -call" basis for the City's Public Works Agency. <br />B. Consultant submitted a responsive proposal that was among those selected by the city. <br />Consultant represents that it is able and willing to provide such services described in the <br />scope of work that was included in the RFP No. 23-025. <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. <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 />During the term of this Agreement, Consultant shall perform all tasks, services, and <br />obligations described in the scope of work section included within RFP No. 23-025, including <br />providing all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in the "Scope of Services", which <br />was included in RFP 23-025 and is attached hereto and fully incorporated herein by this reference <br />as Exhibit A. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Consultant's Fee <br />Proposal, which is attached hereto and fully incorporated herein by this reference as <br />Exhibit B. Consultant is one of ten (10) separate consultants selected to provide <br />services on an on -call basis under RFP 23-025. The total compensation for services <br />provided by all consultants selected under RFP 23-025 shall not exceed the shared <br />aggregate amount of $5,000,000.00 during the term of this Agreement, including any <br />extension periods as set forth in Section 3, below. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />Page 1 of 10 <br />