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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CtRr4X _ CITY CLERK T�. A-2023-088-05 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MARK THOMAS & COMPANY, INC. FOR ON -CALL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 16th day of May, 2023 by and between Mark Thomas & Company, Inc. ("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"). N `~ RECITALS N A. On February 21, 2023 the City issued a Request for Proposal No. 23-030, by which it desired to retain a Consultant having special skill and knowledge in the field of: Professional Engineering Services on an on -call basis 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 such services described in the scope of work that was included in the RFP No. 23-030. 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 consulting 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: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-030, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 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 Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C". Consultant is one of fifteen (15) separate consultants selected to provide services on an on -call basis under RFP 23-030. The total compensation for services provided by all consultants selected under RFP 23-030 shall not exceed the shared aggregate amount of $5,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. Page 1 of 10