DAVID EVANS AND ASSOCIATES, INC.

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INSURANCEON FILE 'MRK MAY PROCEED A-2021-163 aSTIL INSURANCE EXPIRES �, 12• pl_.2u�1 _ � LERK OF COUNCIL ATE AGREEMENT TO PROVIDE LANDSCAPE ARCHITECTURAL LLJ v) DESIGN SERVICES FOR STANDARD-MCFADDEN PARK V-tv viq W U ) (2) t.? THIS AG MENT is made and entered into on this 17th day of August, 2021 by and between David Evans and Associates, Inc. ("Consultant") an Oregon Corporation 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 May 10, 2021 the City issued Request for Proposal No. 21-055, by which it sought a Consultant to provide design, development and contract documents for the proposed Standard - McFadden Park. 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. 21-055. 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 consulting 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. 21-055 and which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, the relevant portion regarding the scope of services 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 for City, the rates and charges identified in Exhibit C. The total amount authorized under this Agreement shall not exceed $300,000 during the term of this Agreement, including any extension periods. The sum is comprised of (1) the base amount of $258,075 and (2) an approximate 16% contingency in the amount of $41,925 for additional services at the City's sole discretion. b. Payment by City shall be made within 45 days (forty-five) 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 which may reasonably be expected by City. Page 1 of 10