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NSUNANKU ON FII -E <br />,lory h,w PflO(,EED <br />UNTil INSUANCE. EXPIRLS <br />CLERK Of UO ICIL <br />DATEDEC 17 M <br />AGREEMENT TO PROVIDE ON-CALL <br />GEOTECHNICAL ENGINEERING SERVICES <br />A-2018-286 <br />RVfAct) <br />Rkt,, LAIPTHIS AGREEMENT is made and entered into on this 20th day of November, 2018 by and between <br />Ninyo & Moore Geotechnical & Environmental Sciences Consultants, a California corporation <br />("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On June 14, 2018, the City issued Request for Proposal No. 18-045 ("RFP") by which it <br />sought consultants to provide on-call geotechnical services for the City's Public Works <br />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 the services described in the <br />scope of work that was included in RFP No. 18-045. <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 />I. SCOPE OF SERVICES <br />On an on-call basis, and at the sole discretion of the City, Consultant shall perform the <br />geotechnical services described in the scope of work that was included in RFP No. 18-045 and as <br />more specifically delineated in Consultant's proposal, which is attached as Exhibit A and <br />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 Consultant's Cost <br />Proposal attached as Exhibit B. Consultant is one of three consultants selected to <br />provide geotechnical engineering services on an on-call basis under RFP No. 18-045. <br />The total compensation for services provided by all consultants selected under RFP No. <br />18-045 shall not exceed a total combined aggregate amount of $600,000 during the <br />term of the Agreement, including any extension periods. <br />Page I of 8 <br />