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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES GT'fZ/�rX CITY CLERK DATE: A-2023-075-05 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND B'TWA(2�I(AV) J.-SMITH & T. MULI, INC. FOR ON -CALL ENGINEERING SERVICES µIC" 0•) THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between J. Smith & T. Muli, 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 N ("City"). RECITALS A. On February 22, 2023 the City issued a Request for Proposal ("RFP") No. 23-025, by which it desired to retain a consultant having special skill and knowledge in the field of engineering 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 such services described in the scope of work that was included in the RFP No. 23-025. 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 consulting 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 During the tern of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 23-025, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 23-025 and is attached hereto and fully incorporated herein by this reference as Exhibit A. 2. COMPENSATION 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 Fee Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit B. Consultant is one of ten (10) separate consultants selected to provide services on an on -call basis under RFP 23-025. The total compensation for services provided by all consultants selected under RFP 23-025 shall not exceed the shared aggregate amount of $5,000,000.00 during the term of this Agreement, including any extension periods as set forth in Section 3, below. Page 1 of 10