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'NSURANCE NOT ON FILE fl a030_JM_0;) WORK MAY Nam( T_ PROCEED CLERK OF COUNCIL DATE: AGREEMENT TO PROVIDE ON -CALL v STORMWATER PROJECT DESIGN SERVICES 0; QINflC1�((Y�iy�dste✓) THIS AGREEMENT is made and entered into this 20' day of October, 2020 by and between CWE ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On July 16, 2020, the City issued Request for Proposal No. 20-102, by which it sought qualified consultants to provide on -call stormwater project design services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 20-102. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 20-102, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide services for stormwater projects on an on -call basis under RFP No. 20-102. The total compensation for these services provided by all such consultants selected under RFP No. 20-102 shall not exceed the shared aggregate amount of $2,000,000 during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of Page 1 of 8