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INSURANCE NOT ON FILE FEB 0 4 2MRK MAY 101PPROCEED A-2021-005 CLERK OF COUNCIL DATE: AGREEMENT TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE SOUTH MAIN CORRIDOR IMPROVEMENTS PROJECT THIS AGREEMENT is made and entered into this 19th day of January, 2021 by and between Butier Engineering, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 1, 2020, the City issued Request for Proposal No. 20-115, by which it sought a qualified consultant to provide construction management and inspection services for the South Main Corridor Improvements Project. 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. 20-115. 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 described in the scope of work that was included in RFP No. 20-115 and that is attached as Exhibit A, and as further delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 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 C. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $936,924. The sum is comprised of (1) the base amount of $780,770 and (2) a 20% contingency in the amount of $156,154 for additional services at the City's sole discretion. b. 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. Page 1 of 8