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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />I!X - <br />CITY CLERK <br />DATE: <br />N-2023-172 <br />AGREEMENT TO PROVIDE ON -CALL SEWER SYSTEM HYDRAULIC MODELING <br />JUL 13 2023 SUPPORT SERVICES <br />THIS AGREEMENT is made and entered into this 27th day of June, 2023 by and between Woodard & <br />Curran, Inc., a Maine corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California ("City"). <br />Nude G, (5m)1 <br />RECITALS <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of <br />sewer system hydraulic modeling support on an on -call basis for the Public Works Agency <br />Water Resources Division. <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional contracting 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 />SCOPE OF SERVICES <br />On an as -needed basis, Contractor shall perform the tasks and obligations including all labor, <br />materials, tools, equipment, and incidental customary work required to fully and adequately complete the <br />services described and set forth in Scope of Services — Exhibit A, attached hereto and incorporated by <br />reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services under <br />this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended <br />under the term of this Agreement shall not exceed Fifty Thousand Dollars and Zero Cents <br />($50,000). <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. <br />C. This Agreement contemplates payment for services rendered and invoiced beginning May <br />14, 2023. <br />d. Payment need not be made for work that fails to meet the standards of performance set <br />forth in the Recitals and Scope of Work, which may reasonably be expected by City. <br />Page 1 of 9 <br />