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IN5URANCC ON FILE <br />WOFife MAY PROCEED <br />tJ1'IIi.1 SURACE EXPIRES <br />CLERK F C) C . <br />Dam: JUN 0 6 2019 <br />AGREEMENT TO PROVIDE PLANNING AND IMPLEMENTATION SERVICES <br />FOR THE AUTOMATED METER INFRASTRUCTURE PROJECT <br />A-2019-066 <br />EXHIBIT 1 <br />THIS AGREEMENT is made and entered into this 7th day of May, 2019 by and between <br />UtiliWorks Consulting, LLC ("Consultant"), and the City of Santa Ana, a charter city and <br />municipal corporation organized. and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A, On September 11, 2018, the City issued Request for Proposal No. 18-064, by which <br />it sought a consultant to provide professional planning and implementation services <br />for the City's Automated Meter Infrastructure Project, by which the City intends to <br />to convert existing water meters to "smart" meters based on new available <br />technologies. <br />B. Consultant submitted a responsive proposal that was selected by the City. <br />Consultant represents that it is able and willing to provide the services described in <br />the scope of work that was included in RFP No. 18-064. <br />C. In und.ettaking the perfortnance 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 that were described in the scope of work that was <br />included in RFP No. 18-064 and as more specifically delineated in Consultant's proposal, which <br />is attached as Exhibit A 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 />under this Agreement, the rates and charges identified in Exhibit B. The total sum <br />to be expended under the term of this Agreement, including any extension periods, <br />shall not exceed $896,530. This sum is comprised of (1) the base amount of <br />$815,027 and (2) a 10"/o contingency in the ainount of $81,503 for additional <br />services at the City's sole discretion. <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 />City Council 18 — 3 11/21/2023 <br />