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A-2017-081 AGREEMU' NT TO PROVIDE SUBSURFACE UTILITY ENGINEERING SERVICES ON AN ON -CALL BASIS THIS AGREEMENT is made and entered into this 4th day of April, 2017 by and between C Below, Inc. ("Contractor"), 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"), RECITALS w M A. On September 14, 2016, the City issued Request for Proposal No, 16-114, by =-s ua ^ which it sought Contractors to provide On -Call Subsurface Utility Engineering 8 C z Services for the City of Santa Ana Public Works Agency. 8 �, O U B. Contractor submitted a responsive proposal that was among those selected by the trek City. Contractor represents that it is able and willing to provide the services M y described in the scope of work that was included in RFP No. 16-114 and attached Exhibit A. 111�w ¢ as r.r ' �a V) C)C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 On an as -needed basis, and at the sole discretion of City, Contractor shall perform the services that are described. in Exhibit A. Contractor's proposal is incorporated by reference as though folly set forth herein. When the need for services arises, City may initiate services through use of a task or similar order issued to Contractor. 2. COMPENSATION a. City neither warrants nor guarantees any minunum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B, Contractor is one of three Contractors selected to provide subsurface utility engineering services on an as needed basis under RFP No. 16-114. The total compensation for services provided by all contractors selected under RFP No. 16- 114 is a colleotivc amount not to exceed $900,000 during the term of the Agreement. b, Payment by City shall be made within forty-five (45) clays following receipt of proper invoice evidencing work perfonxxod, subject to City accounting Exhibit 3 261-31