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EXHIBIT 1 <br />AGREEMENT TO PROVIDE ON -CALL WATER RESOURCES CONSTRUCTION <br />MANAGEMENT AND INSPECTION SERVICES <br />THIS AGREEMENT is made and entered into this 21st day of April, 2020 by and between NV5, <br />Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized <br />and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On October 29, 2019, the City issued Request for Proposal No. 19-118, by which <br />it sought qualified contractors to provide on -call water resources construction <br />management and inspection services for the City's Public Works Agency. <br />B. Contractor submitted a responsive proposal that was among those selected by the <br />City. Contractor represents that it is able and willing to provide the services <br />described in the scope of work that was included in REP No. 19-11 S. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor 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 TEIEREFORE, 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 as -needed basis, and at the City's sole discretion, Contractor shall perform the <br />services described in the scope of work that was included in RFP No. 19-118 and that is attached <br />as Exhibit A, and as further delineated in Contractor's proposal, which is attached as Exhibit B <br />and incorporated in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Contractor under this Agreement. Contractor shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Exhibit C. <br />Contractor is one of two contractors selected to provide services on an as -needed <br />basis under REP No. 19-1IS. The total compensation for services provided by all <br />contractors selected under REP No. 19-118 shall not exceed the shared aggregate <br />amount of $2,000,000 during the term of this agreement, including any extension <br />periods. <br />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 />Payment need not be made for work which fails to meet the standards of <br />�e�of� <br />