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AGREEMENT TO PROVIDE CONSTRUCTION <br />SURVEYING SERVICES ON AN ON-CALL BASIS <br />THIS AGREEMENT is made and entered into this 5th day of July, 2017 by and between <br />Johnson -Frank & Associates ("Contractor"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. On March 20, 2017, the City issued Request for Proposal No. 17-009, by which it <br />sought Contractors to provide On -Call Construction Surveying Services for the <br />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. 17-009 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 Linder <br />this Agreement will be per£onned 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 construction surveying <br />services on an as needed basis under RFP No. 17-009. The total compensation for <br />Contractor, as one of the selected contractors, for services provided under RFP <br />No. 17-009, shall not exceed $250,000 during the term of the Agreement, <br />including any extension periods. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />Page 1 of 12 <br />26A4 <br />