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INSURANCE NOT ON FILE A-2024-099-04 WORK MAY NOT PROCEED CITY CLERK DATE: JUL 2 5 2024 0 . PW (Zi AGREEMENT WITH HARRIS & ASSOCIATES, INC. TO PROVIDE ON -CALL O E'O y ENGINEERING PLAN CHECK SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 16th day of July, 2024 by and between Harris & Associates, Inc., a California corporation ("Contractor"), 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 March 19, 2024, the City issued Request for Proposal ("RFP") No. 24-035, by which it sought qualified firms to provide on -call engineering plan check services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-035. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional engineering 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, Contractor shall perform the services described in the scope of work that was included in RFP No. 24-035, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of five (5) contractors selected to provide engineering plan check services on an on -call basis under RFP 24-035. The total annual compensation for the services provided by all such contractors selected under RFP 24-035 shall not exceed the aggregate amount of Three Hundred Thousand Dollars and Zero Cents ($300,000). The total aggregate amount to be expended by all such contractors during the full term of the Agreement, including extension periods, if any, shall not not exceed One Million Five Hundred Thousand Dollars and Zero Cents ($1,500,000). b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper