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AGREEMENT TO PROVIDE SUBSURFACE UTILITY <br />ENGINEERING SERVICES ON AN ON -CALL BASIS <br />THIS AGREEMENT is made and entered into this 18th day of April, 2017 by and between <br />Cardno ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ( "City "). <br />RECITALS <br />A. On September 14, 2016, the City issued Request for Proposal No. 16 -114, by <br />which it sought Contractors to provide On -Call Subsurface Utility Engineering <br />Services for the City of Santa Ana Public Works Agency. <br />B. Contractor submitted a responsive proposal that was among those selected by the <br />City. Contractor represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP No. 16 -114 and attached <br />as Exhibit A. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be expected from a professional contracting 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 />On an as- needed basis, and at the sole discretion of City, Contractor shall perform the <br />services that are described in Exhibit A. Contractor's proposal is incorporated by reference as <br />though fully set forth herein. When the need for services arises, City may initiate services <br />through use of a task or similar order issued to Contractor. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Contractor under this Agreement. Contractor shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Exhibit B. <br />Contractor is one of three Contractors selected to provide subsurface utility <br />engineering services on an as needed basis under RFP No, 16 -114. The total <br />compensation for services provided by all contractors selected under RFP No. 16- <br />114 is a collective amount not to exceed $900,000 during the term of the <br />Agreement. <br />b. Payment by City shall be made within forty-five (45) clays following receipt of <br />proper invoice evidencing work performed, subject to City accounting <br />Exhibit 1 <br />Page 1 of <br />251 -3 <br />