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INSURANCE ON FILE A-2022-235 WORK MAY PROCEED UNTIL INSURANCE EXPIRES S •3I.2023 CLERK OF COUNCIL AGREEMENT WITH MIG, INC. TO PROVIDE FULL CAT' AGREEMENT 2 2 2022 CONCEPT DESIGN FOR THE CITY OF SANTA ANA DOG PARK ,9.-WA C2) THIS AGREEMENT is made and entered into on this 6�h day of December 2022 by and between, t5e4n-i�tQ MIG, 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 22, 2022 the City of Santa Ana Public Works Agency issued a Request for Proposal No. 22-129, by which it sought a qualified Consultant having special skill and knowledge in the field of engineering, landscape architectural, administration services to develop and provide construction management support for the City of Santa Ana Dog Park. B. Consultant represents that Consultant is able and willing to provide such services to the City. 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 RIP No. 22-129 and that is attached as Exhibit A and incorporated herein by this reference, and as further delineated in Contractor's proposal, which is attached as Exhibit B and incorporated herein by this reference. 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 attached hereto and incorporated herein by this reference. The total amount to be expended during the term of this Agreement shall not exceed $800,000 during the term of this Agreement, including any extension periods exercised under Section 3. The sum is comprised of one (1) the base amount of $703,851 and two (2) an approximate contingency of 14% in the amount of$96,149 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 which may reasonably be expected by City. Page 1 of 10