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EXHIBIT 2 <br />AGREEMENT TO PROVIDE ENGINEERING DESIGN SERVICES <br />FOR REHABILITATION OF CITY WELL 29 <br />THIS AGREEMENT is made and entered into this 5th -day of-Ddcember; 2017 by and between <br />PSOMAS,.hrc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. On July 11, 2017, the City issued Request for Proposal No, 16-110, by which it sought a <br />consultant to provide engineering design services for the rehabilitation of City Well 29. <br />B. Consultant submitted a responsive proposal that was selected by the City. Consultant <br />represents that it is able and willing to provide the services as described in the scope of <br />work that was included in RFP No. 16-110 and attached as Exhibit A to this Agreement. <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 AND CONSULTANT'S PROPOSAL <br />Consultant shall perform the services that are described in Exhibit A. Consultant's <br />proposal is incorporated by reference as though fully set forth herein. <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 B. The total sum to <br />be expended under the term of this Agreement, including any extension periods, shall <br />not exceed $625,000. This amount is comprised of (1) the base sum of $465,353 for <br />the required tasks 1-14, (2) $70,380 for optional task 15, and (3) a contingency of <br />$89,267 for services to be performed at the sole discretion of the City. <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. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />"1101119 <br />This Agreement shall commence on the date first written above and continue through <br />December 4, 2020, unless terminated earlier in accordance with Section 16, below. The term of <br />Page 1 of 8 <br />250-5 <br />