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EXHIBIT 1 <br />AGREEMENT TO PROVIDE AQUATIC ENGINEERING SERVICES FOR <br />THORNTON PARK LAKE RENOVATION PROJECT BETWEEN <br />THE CITY OF SANTA ANA AND J SMITH & T MULI, INC. <br />THIS AGREEMENT is made and entered into on this 20th day of June, 2023 by and between J <br />Smith & T Muli, Inc. ("Consultant"), 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 <br />("City"). <br />RECITALS <br />A. As set forth in Request for Proposal ("RFP") No. 22-151, issued January 27, 2023, the City <br />desires to retain a Consultant to provide aquatic engineering services, including, but not <br />limited to, the following: a thorough environmental study assessment, preparation of <br />recommendations, development of a comprehensive rehabilitation plan, and preparation of <br />design services for the Thornton Park Lake Renovation Project. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In 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 be <br />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 all services described in the "Scope of Work" that was included <br />in RFP No. 22-151, which is attached hereto and fully incorporated herein by this reference as <br />Exhibit A, as well as all services further described in "Consultant's Proposal", which is attached <br />hereto and fully incorporated herein by this reference as Exhibit B. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the rates and charges identified in Consultant's "Fee Proposal", which is attached <br />hereto and fully incorporated herein by this reference as Exhibit C. The total amount <br />to be expended under the Agreement shall not exceed $325,000.00 during the term of <br />this Agreement, including any extension periods as set forth in Section 3 below. This <br />sum is comprised of (1) the base amount of $289,947.00 and (2) a contingency fund in <br />the amount of $35,053.00, which is exercisable at City's sole discretion. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />Page 1 of 10 <br />