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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />WSP USA ENVIRONMENT & INFRASTRUCTURE INC TO PROVIDE <br />INDUSTRIAL/COMMERCIAL INSPECTION AND NPDES PROGRAM SUPPORT <br />SERVICES <br />THIS AGREEMENT is made and entered into this 1 st day of August, 2023 by and between <br />WSP USA Environment & Infrastructure Inc. ("Consultant"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the <br />State of California ("City"). <br />RECITALS <br />A. On March 16, 2023, the City issued Request for Proposal No. 23-028, by which it <br />sought qualified consultants to provide Industrial/Commercial Inspection and <br />NPDES Program Support services for the City's Public Works Agency. <br />B. Consultant submitted a responsive proposal that was among those selected by the <br />City. Consultant represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP No. 23-028. <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 <br />be expected from a professional contracting 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 the services described in the scope of work that was included in <br />RFP No. 23-028, which is attached as Exhibit A, and as more specifically delineated in <br />Consultant's proposal, which is attached as Exhibit B and incorporated in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />provided under RFP No. 23-028, the rates and charges identified in Exhibit C. The <br />total annual amount to be expended under this Agreement shall not exceed <br />$350,000 during the term of this Agreement, including any extension periods. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals and Scope of Work, which may reasonably be <br />expected by City. <br />City Council 1 13 — 43 8/1 /2023 <br />