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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIINSURANCE EXPIRES <br />.r r <br />CITY CLERK <br />DATE: <br />A-2023-071-01 <br />AGREEMENT WITHJOHNSON-FRANK & ASSOCIATES, INC., TO PROVIDE <br />• Pr 0- ON -CALL PROFESSIONAL LAND SURVEYING SERVICES <br />THIS AGREEMENT is made and entered into this 2nd day of May, 2023 by and between, <br />Johnson -Frank & Associates, Inc., a California corporation ("Consultant"), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California ("City"). <br />:V <br />RECITALS <br />P <br />A. On October 2, 2019 the City issued a Request for Proposal ("RFP") No. 19-090, by which <br />-' it desired to retain a consultant having special skill and knowledge in the field of <br />Professional Land Surveying services on an "on -call" basis for the City's Public Works <br />Agency. <br />B. Consultant submitted a responsive proposal that was among those selected by the city. <br />Consultant represents that it is able and willing to provide such services described in the <br />scope of work that was included in the RFP No. 19-090. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting 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 />During the term of this Agreement, Consultant shall perform all tasks, services, and <br />obligations described in the scope of work section included within RFP No. 19-090, including <br />providing all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in the "Scope of Services", which <br />was included in RFP 19-090 and is attached hereto and fully incorporated herein by this reference <br />as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost <br />proposal and resumes), which is attached hereto and fully incorporated herein by this reference as <br />Exhibit B. <br />2. ALLOWABLE COSTS AND PAYMENTS <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Consultant's <br />Fee and Cost Proposal, which is attached hereto and fully incorporated herein by <br />this reference as Exhibit C. Consultant is one of three (3) separate consultants <br />selected to provide services on an on -call basis under RFP 19-090. The total <br />Page 1 of 19 <br />