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INSURANCE ON FILE <br />WORK MAY PROCEED N-2019-012 <br />L INSURANCE EXPIRES <br />CLERK OF COUOIC _, 2019 <br />DATE: JAIV AGREEMENT TO PROVIDE SEWER SYSTEM <br />O: FRCS (, HYDRAULIC MODELING SUPPORT SERVICES <br />Silvia Cuevas <br />THIS AGREEMENT is made and entered into this 8th day of November, 2018 by and between Woodard <br />& Curran Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California {"City"). <br />RECITALS <br />A. The City desires to retain a contractor to provide special skills, services, and knowledge in the field <br />of sewer system hydraulic modeling support forthe Water Resources Division of the Public Works <br />Agency. <br />B. Contractor represents that Contractor is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable <br />in its field and that any services performed by Contractor under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional contracting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />On an as -needed basis, and at the City's sole discretion, :Contractor shall perform the tasks and <br />obligations including all labor, materials, tools, equipment, and incidental customary work required to <br />fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, <br />attached hereto and incorporated by reference. <br />2. COMPENSATION <br />a. For each modeling request made by the City, Contractor shall provide a fee estimate for City's <br />review and approval, as provided by Exhibit A. Contractor shall be paid only for actual <br />services at the rates and charges approved by City. The total amount to be expended under. <br />this Agreement shall :not exceed $25,000 during the term of this Agreement, including any <br />extension periods. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />Page I of 8 <br />