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INSURAivU IjQ <br />I ON FILE <br />WORK MAY NQT PROCEED <br />CLERK OF COUNCIL <br />DATE. DATE: <br />-'? L06t, � d' AGREEMENT TO PROVIDE ON -CALL WATER RESOURCES <br />L/Mandd �Unu>ldt2 SERVICES <br />A-2020-075-02 <br />THIS AGREEMENT is made and entered into this 21 st day of April, 2020 by and between Michael <br />® Baker International, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal <br />o corporation organized and existing under the Constitution and Taws of the State of California <br />("City"). <br />co <br />RECITALS <br />4 <br />A. On October 29, 2019, the City issued Request for Proposal No. 19-100, by which <br />it sought qualified contractors to provide on -call water resources engineering <br />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 RFP No: 19400.- <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 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 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-I00 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 RFP No. 19-100. The total compensation for services provided by all <br />contractors selected under RFP No. 19-100 shallnot exceed the shared.aggregate <br />amount of $2.000,000 during the term of this agreement, including any extension <br />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 />Page I of 8 <br />