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INSURANCE NOT 014 FILE A-2020-205-03 <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: <br />AGREEMENT TO PROVIDE ON -CALL <br />P �1,xCrou yFdst Cv�fA STORMWATER PROJECT DESIGN SERVICES <br />THIS AGREEMENT is made and entered into this 20a' day of October, 2020 by and between <br />Stantec Consulting Services, Inc. ("Consultant"), 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 July 16, 2020, the City issued Request for Proposal No. 20-102, by which it <br />sought qualified consultants to provide on -call stormwater project design services <br />for the City's Public Works Agency. <br />B. Consultant submitted a responsive proposal that was among those selected by the <br />City. Consultant represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP No. 20-102. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />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 on -call basis, and at the City's sole discretion, Consultant shall perform the services <br />described in the scope of work that was included in RFP No. 20-102, which is attached as Exhibit <br />A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B <br />and incorporated in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Exhibit C. <br />Consultant is one of three (3) consultants selected to provide services for <br />stormwater projects on an on -call basis under RFP No. 20-102. The total <br />compensation for these services provided by all such consultants selected under <br />RFP No. 20-102 shall not exceed the shared aggregate amount of $2,000,000 during <br />the term of the Agreement, including any extension periods. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Page 1 of 8 <br />