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AGREEMENT TO PROVIDE ON -CALL MATLR1AL TESTING AND <br />SPECIAL INSPECTION SERVICES <br />THIS AGRliliMliN I' is made and entered into this 6th day of July, 7071 by and between <br />IUeinlelder, Inc. ("Consullam"), and the Cily of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of Cahlornia <br />RFCTTATR <br />A- On Scptcnrba- 2, 2020, the City issued Request for Proposal No. 20-1 1 Eby which <br />it sought qualified consultants to provide on -call material testing and special <br />inspection services for the City's Public Works Agency. <br />R. Consultant submitted a responsive proposal that was anxnr4 lhose selected by the <br />City. C'onsullant represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP No. 20-1 1 1- <br />(:. In undertaking the performance of this Agreement. Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant underthis <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 'I HFREFORF, in consideration ol'lhe nutlual 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- 20-1 1 I, 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 frill. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum cinmpersation fir <br />Consultant Linder this Agreement. Consultant shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in F.xhihit C- <br />Consullant is one of three. (1) consultants selected to provide scrviccs tm an on -call <br />basis under RFP No- 20-111- The total compensation for these services provided <br />by all Snell consultants selected under RFP No. 20-111 shall not exceed the shared <br />aggregate amount of S1.000,000 during the term of the Agreement, including any <br />extendion 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 />City Council 21 — 77 7/6/2021 <br />Pagc 1 of8 <br />