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INSURANCE NOT ON FILE A-2018-160-04 WORK MAY N PROCEED CLERK OF COUNCIL DATE: JUL 19 2018 03 Pork!) AGREEMENT TO PROVIDE ENGINEERING SERVICES L uw Lof ON AN ON -CALL BASIS (WATER RESOURCES) THIS AGREEMENT is made and entered into this 19th day of June, 2018 by and between NV5, 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"). RECITALS A. On February 22, 20'18, the City issued Request for Proposal No. t7-083, by which it sought a consultant to provide engineering services on an on -call basis for the Water Resources Division of 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 the services described in the scope of work that was included in RFP No, 17-083. 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 contracting firm in the field. NOW THE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform the services that were described in the scope of work that was included in RFP No. 17-083 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maxhnum 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 Exhibit B. Consultant is one of five (5) consultants selected to provide services for water resources projects on an as -needed basis under RFP No. 17-083, 'rho total compensation for these services provided by all such consultants selected under RFP No. 17-083 shall not exceed $1,200,000 during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of pttge 1 of 8