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INSURANCE NOT ON FILE A-2018-215 <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE:SEP 13 2010 <br />0 "FAQ') <br />AGREEMENT TO PROVIDE ENGINEERING, TECHNICAL, AND <br />*Tlf\\50� t✓7 ADMINISTRATIVE SUPPORT SERVICES FOR PUBLIC WORKS PROJECTS <br />THIS AGREEMENT is made and entered into this 4th day of September, 2018 by and between <br />Penco Engineering (a Cannon company) ("Consultant"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the <br />State of California C° City"). <br />RECITALS <br />A. On June 7, 2018, the City issued Request for Proposal No. 18-047, by which it <br />sought a consultant to provide engineering, technical, and administrative support <br />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 <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. 18-047. <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 />described in the scope of work that was included in RFP No. 18-047 and as more specifically <br />delineated in Consultant's proposal, which is attached as Exhibit A and incorporated 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 three consultants selected to provide services on an as -needed <br />basis under RFP No. 18-047. The total compensation for services provided by all <br />consultants selected under RFP No. 18-047 shall not exceed a shared aggregate <br />amount of $500,000 during the term of the Agreement, including any extension <br />periods. <br />Page 3 of 8 <br />