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AGREEMENT TO PROVIDE ENVIRONMENTAL SITE <br />ASSESSMENT SERVICES ON AN ON-CALL BASIS <br />THIS AGREEMENT is made and entered into this 21st day of August, 2018 by and between <br />_Ninyo & Moore Geotechnical& Environmental Sciences Consultants ("Consultant"), and the City <br />of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On May 8, 2018, the City issued Request for Proposal No. 18-043, by which it <br />sought a consultant to provide various environmental services on an on-call basis <br />for the 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. 18-043. <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 <br />environmental site assessment services that were described in the scope of work that was included <br />in RFP No. 18-043 and as more specifically delineated in Consultant's proposal, which is attached <br />as Exhibit A and incorporated in full. <br />2. ALLOWABLE COSTS AND PAYMENTS <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 <br />Cost Proposal attached as Exhibit B. Consultant is one of two consultants selected <br />to provide environmental site assessment services on an as -needed basis under RFP <br />No. 18-043. The total compensation for these services provided by all consultants <br />selected under RFP No. 18-043 to perform them shall not exceed $149,850 during <br />the term of the Agreement, including any extension periods. This sum is comprised <br />of (1) the base amount of $135,000 and (2) an 11 % contingency in the amount of <br />$14,850 for additional services at the City's sole discretion. <br />EXHIBIT 1 <br />Page 1 of 14 <br />25F-5 <br />