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o iNSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />N CLERK OF COUNCIL <br />A-2020-188-02 <br />DATE: <br />(°AGREEMENT TO PROVIDE SUBSURFACE UTILITY ENGINEERING SERVICES <br />THIS AGREEMENT is made and entered into this 15th day of September, 2020 by and between <br />AZTEC Engineering California, Inc. ("Contractor"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. On April 24, 2020, the City issued Request for Proposal No. 20-060, by which it <br />sought qualified contractors to provide subsurface utility engineering services for <br />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. 20-060. <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. 20-060 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 three contractors selected to provide services on an as -needed <br />basis under RFP No. 20-060. The total compensation for services provided by all <br />contractors selected under RFP No. 20-060 shall not exceed the shared aggregate <br />amount of $750,000 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 />Payment need not be made for work which fails to meet the standards of <br />Page 1 of 8 <br />