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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />y-2`-25 <br />CLERK OF COUNCIL <br />DATE: JUN 0 8 2022 <br />N-2022-159 <br />AGREEMENT TO PROVIDE LAKE ENGINEERING SERVICES <br />I�WA�O.RAntire�& Mnvia t)lh�) 2 <br />THIS AGREEMENT is made and entered into this 20th day of May, 2022 by and between J. Smith <br />& T. Muli, Inc. ("Consultant'), 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 consultant having special skill and knowledge in the <br />field of lake engineering services for the Centennial Park Lane Renovation Project. <br />B. Consultant represents that it is able and willing to provide such services to the City. <br />C. hi undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual 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 />Consultant shall perform during the term of this Agreement the services that are described <br />in the Scope of Work, which is attached as Exhibit A and incorporated in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit A. The total sum <br />to be expended under the term of this Agreement, including any extension periods, <br />shall not exceed Forty -Nine Thousand Eight Hundred Ninety -One Dollars and Zero <br />Cents ($49,891.00). <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 />Payment need not be made for work that fails to meet the standards of performance <br />set forth in the Recitals and Scope of Work, which may reasonably be expected by <br />City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on December <br />31, 2023, unless terminated earlier in accordance with Section 17, below. The term of this <br />Agreement may be extended for up to two (2) additional one-year periods upon a writing executed <br />by the City Manager and City Attorney. <br />Page 1 of 9 <br />