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N <br />0 <br />N <br />co <br />N <br />INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />N-2021-079 <br />DATE: <br />AGREEMENT TO PROVIDE IRRIGATION DESIGN AND CALCULATION SERVICES FOR <br />THE CABRILLO PARK IRRIGATION RENOVATION PROJECT <br />THIS AGREEMENT is made and entered into on this 25th day of March, 2021 by and between Little <br />Diversified Architectural Consulting, Inc. ("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 California <br />("City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />engineering services to prepare the PS&E package for the Cabrillo Park Irrigation Renovation <br />project. <br />B. Consultant represents that Consultant is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable <br />in its field and that any services performed by Consultant under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional consulting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform during the term of this Agreement, the tasks and obligations including <br />all labor, materials, tools, equipment, and incidental customary work required to fully and adequately <br />complete the services described and set forth in Consultant's proposal, which is attached as Exhibit A and <br />incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, <br />the rates and charges identified in Exhibit B. The total amount to be expended under this <br />Agreement shall not exceed $24,060 during the term of this Agreement, including any <br />extension periods exercised under Section 3. The sum is comprised of (1) the base amount of <br />$20,050 and (2) a 20% contingency in the amount of $4,010 for additional services at the City's <br />sole discretion. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />Page 1 of 8 <br />