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SURANCE ON FILE <br />ORK MAY PROCEED A-2021-246 <br />`dNTIL INSURANCE Uf'IP0 <br />LERK Or COUNCIL <br />cmDATE: 0 AGREEMENT TO PROVIDE FULL CONCEPT DESIGN <br />j�to q Mi �j 1Nalla�k�f FOR THE SANTA ANA DOG PARK <br />THIS AGREEMENT ("Agreement") is made and entered into on this 7a' day of December, 2021 <br />by and between David Volz Design Landscape Architecture, Inc. ("Consultant"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution <br />and laws of the State of California ("City"). <br />RECITALS <br />A. On October 4, 2021, the City issued Request for Proposal No. 21-119, by which it sought <br />a Consultant having special skill and knowledge in the field of dog parks to prepare full <br />conceptual plans for the City of Santa Ana Dog Park. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <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 be <br />expected from a professional consulting 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. 21-119, 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 for <br />City, the rates and charges identified in Exhibit C. The total amount to be expended <br />under this Agreement shall not exceed $56,360 during the term of this Agreement, <br />including any extension periods exercised under Section 3. The sum is comprised of <br />the base amount of $46,966 and an approximate 20% contingency in the amount of <br />$9,393 for additional services at the City's sole discretion. <br />b. Payment by City shall be made within 45 days (forty-five) 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 performance <br />set forth in the Recitals which may reasonably be expected by City. <br />Page 1 of 13 <br />