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INSURANCEON r- A-2022-157-02 <br />WORK A °" PROC;_.'' <br />UNTIL NSURAN�%. EX" <br />CLERK OF COUrC'1L <br />DATE: <br />AGREEMENT WITH CALIFORNIA PROFESSIONAL ENGINEERING, INC., TO PROVIDE <br />ON -CALL CONSTRUCTION SERVICES FOR THE CITY OF SANTA ANA <br />. j�Jlt(Rlod l;� A qAA%h)) 2 <br />THIS AGREEMENT is made and entered into on this 16th day of August, 2022 by and between California <br />�., Professional Engineering, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of the State <br />of California ("City"). <br />a RECITALS <br />A. On March 21, 2022, the City issued Request for Proposal ("RFP") No. 21-095, by which it sought <br />a qualified contractor to provide on -call construction services for traffic signals, street lights, and <br />concrete wheel chair ramps for the City's Public Works Agency. <br />B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor <br />represents that it is able and willing to provide the services described in the scope of work that was <br />included in RFP 21-095. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable <br />in its field and that any services performed by Contractor under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional consulting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />On an on -call basis, and at the City's sole discretion, Contractor shall perform the services <br />described in the scope of work that was included in RFP No. 21-095, which is attached as Exhibit A, and <br />as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated <br />in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor <br />under this Agreement. Contractor shall be paid only for actual services performed under this <br />Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) <br />contractors selected to provide demolition services on an on -call basis under RFP 21-095. The <br />total compensation for these services provided by all such contractors selected under RFP <br />21-095 shall not exceed the shared aggregate amount of Two Million, Five Hundred <br />Thousand Dollars and Zero Cents ($2,500,000) during the term of the Agreement, <br />including any extension periods. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />