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INSURANCE NOT ON FILE A-2024-099-03 <br />WORK MAY NOT_PROCEED <br />CITY CLERK <br />DATE: jUL 2 5 B14 <br />0 . PEA('L� <br />AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC. TO PROVIDE ON -CALL <br />ENGINEERING PLAN CHECK SERVICES FOR THE CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into on this 16th day of July, 2024 by and between Charles <br />Abbott Associates, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. On March 19, 2024, the City issued Request for Proposal ("RFP") No. 24-035, by which it sought <br />qualified firms to provide on -call engineering plan check services for the City's Public Works <br />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 24-035. <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 engineering <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns <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, Contractor shall perform the services <br />described in the scope of work that was included in RFP No. 24-035, 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 five (5) <br />contractors selected to provide engineering plan check services on an on -call basis under RFP <br />24-035. The total annual compensation for the services provided by all such contractors <br />selected under RFP 24-035 shall not exceed the aggregate amount of Three Hundred Thousand <br />Dollars and Zero Cents ($300,000). The total aggregate amount to be expended by all such <br />contractors during the full term of the Agreement, including extension periods, if any, shall not <br />not exceed One Million Five Hundred Thousand Dollars and Zero Cents ($1,500,000). <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper <br />