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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL fURANCE EXPIRES <br />CITY CLERK <br />DATE: <br />A-2023-072-01 <br />AGREEMENT WITH JOHNSON-FRANK & ASSOCIATES, INC., TO PROVIDE ON-CALL <br />=P►�R C2� PROFESSIONAL LAND SURVEYING SERVICES FOR THE CITY OF SANTA ANA <br />L�'r)fA_THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Johnson - <br />Frank & Associates, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the State of <br />zu California ("City"). <br />0 <br />cv <br />RECITALS <br />r <br />A. On October 2, 2019, the City issued a Request for Proposal ("RFP") No. 19-090, by which it <br />desired to retain a consultant having special skill and knowledge in the field of Professional Land <br />Surveying services on an "on -call" basis for the City's Public Works Agency. <br />B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant <br />represents that it is able and willing to provide such services described in the scope of work that <br />was included in REP No. 19-090. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable <br />in its field and that any services performed by Consultant 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 />SCOPE OF SERVICES <br />On an on -call basis, and at the City's sole discretion, Consultant shall perform all tasks, services, <br />and 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 and <br />adequately complete the services described and set forth in the "Scope of Services," which was included <br />in RFP 19-090 and is attached hereto and fully incorporated herein by this reference as Exhibit A and as <br />more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which <br />is attached hereto and fully incorporated herein by this reference as Exhibit B. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant <br />under this Agreement. Consultant shall be paid only for actual services performed under this <br />Agreement at the rates and charges identified in Exhibit B. Consultant is one of three (3) <br />consultants selected to provide services on an on -call basis under RFP 19-090. The total <br />compensation for these services provided by all such consultants selected under RFP 19-090 <br />shall not exceed the shared aggregate amount of One Million, Five Hundred Thousand Dollars <br />and Zero Cents ($1,500,000) during the term of the Agreement, including any extension <br />periods. <br />Page 1 of 10 <br />