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MURANCE ON FILE A-2017.159 WORK MAY PROCEED EA UNTILJNSURNCPlll3 y , tai CLERK NC�4L4 DATE: AGREEMENT TO PROVIDE CONSTRUCTION U/01 ( o) SURVEYING SERVICES ON AN ON-CALL BASIS at,V,&o(-},aa THIS AGREEMENT is made and entered into this 6th day of July, 2017 by and between Johnson -Frank & Associates ("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 20, 2017, the City issued Request for Proposal No. 17-009, by which it sought Contractors to provide On -Call Construction Surveying Services for the City of Santa Ana 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 No. 17-009 and attached as Exhibit A. 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 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 as -needed basis, and at the sole discretion of City, Contractor shall perform the services that are described in Exhibit A. Contractor's proposal is incorporated by reference as though lolly set forth herein. When the need for services arises, City may initiate services through use of a task or similar order issued to Contractor. 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 B. Contractor is one of three Contractors selected to provide construction surveying services on an as needed basis under RFP No. 17-009. The total compensation for Contractor, as one of the selected contractors, for services provided under RFP No, 17-009, shall not exceed $250,000 during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of