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INSURANCE NOT ON FILE A-2018-189 WORK MAY t�QT PROCEED CLERK OF COUNCIL DATE.00T 0 2 201tlkGREEMENT TO PROVIDE ENVIRONMENTAL SITE e (0 ASSESSMENT SERVICES ON AN ON-CALL BASIS THIS AGREEMENT is made and entered into this 21st day of August, 2018 by and between Ninyo & Moore Geotechnical & Environmental Sciences Consultants ("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 May 8, 2018, the City issued Request for Proposal No. 18-043, by which it sought a consultant to provide various environmental services on an on-call basis for 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. 18-043. 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 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 on-call basis, and at the City's sole discretion, Consultant shall perform the environmental site assessment services that were described in the scope of work that was included in RFP No. 18-043 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum 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 Consultant's Cost Proposal attached as Exhibit B. Consultant is one of two consultants selected to provide environmental site assessment services on an as -needed basis under RFP No. 18-043. The total compensation for these services provided by all consultants selected under RFP No. 18-043 to perform them shall not exceed $149,850 during the term of the Agreeinent, including any extension periods. This sum is comprised of (1) the base amount of $135,000 and (2) an 11% contingency in the amount of $14,850 for additional services at the City's sole discretion. Page 1 of 14