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L __j w M LLI 0 aC rL LU U_ cua �x W1 A-2017.388 oca AGREEMENT TO PROVIDE ENGINEERING DESIGN SERVICES w FOR REHABILITATION OF CITY WELL 29 r� J. AGREEMENT is made and entered into this 5th day of December, 2017 by and between t;iPSOMAS, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city qnd municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). po SLA (1) RECITALS On July 11, 2017, the City issued Request for Proposal No. 16-11.0, by which it sought a consultant to provide engineering design services for the rehabilitation of City Well 29. B. Consultant submitted a responsive proposal that was selected by the City, Consultant represents that it is able and willing to provide the services as described in the scope of work that was included in RFP No. 16-110 and attached as Exhibit A to this Agreement, C, In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES AND CONSULTANT'S PROPOSAL Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a, City agrees to pay, and Consultant agrees to accept as total payment for its services reader this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the tens of this Agreement, including any extension periods, shall not exceed $625,000. This amount is comprised of (1) the base sum of $465,353 for the required tasks 1-14, (2) $70,380 for optional task 15, and (3) a contingency of $89,267 for services to be performed at the sole discretion of the City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work perfanned, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. TERM This Agreement shall commence on the date fixst written above and continue through December 4, 2020, unless terminated earlier in accordance with. Section 16, below. The term of Page I of 8