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INSURANCE NOT ON FILE A-2018-172 WORK MAY NOT PROCEED CLERK OAF�CDOUNCIL (9DATE: (ii 6 2AREEMENT TO PERFORM COST OF SERVICE STUDY � � FOR WATER AND SEWER ENTERPRISES liP eos�`�^ THIS AGREEMENT is made and entered into this 3rd day of July, 2018 by and between Stantec ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organizer) and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On December 21, 2017, the City issued Request for Proposal No. 17-142, by which it sought a consultant to perform a cost of service study for the City's water and sewer enterprises. B: Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 17-142 and addendum thereto. 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 contracting 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: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work that was included in RFP No, 17-142 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in fill. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $158,000, This sum is comprised of (1) the base amount of $138,912 and (2) a contingency in the amount of $19,088 for additional services at the City's sole discretion. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, 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 and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on July 2, 2021, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to two 1-year periods upon a writing executed by the City Manager and City Attorney. Page 1 of 8