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AGREEMENT TO PROVIDE ENGINEERING SERVICES <br />ON AN ON-CALL BASIS (GENERAL ENGINEERING) <br />THIS AGREEMENT is made and entered into this 19th day of June, 2018 by and between Kimley- <br />Hom and Associates, 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 />RE TAL <br />A. On February 22, 2018, the City issued Request for Proposal No. 17-083, by which <br />it sought a consultant to provide engineering services on an on-call basis for the <br />City's Public Works Agency. <br />B. Consultant submitted a responsive proposal that was among those selected by the <br />City. Consultant represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP No. 17-083. <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 <br />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 />On an on-call basis, and at the City's sole discretion, Consultant shall perform the services <br />that were described in the scope of work that was included in REP No. 17-083 and as more <br />specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated <br />in full. <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 Exhibit B. <br />Consultant is one of nine (9) consultants selected to provide services for general <br />engineering projects on an as -needed basis under RFP No. 17-083. The total <br />compensation for these services provided by all such consultants selected under <br />RFP No. 17-083 shall not exceed $2,000,000 during the terni of the Agreement, <br />including any extension periods. <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 procedures. <br />EXHIBIT 1 <br />Page 1 of 8 <br />25E-5 <br />