LITTLE DIVERSIFIED ARCHITECTURAL CONSULTING, INC. (3)

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INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: DEC 2 1 2022 A-2022-236 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LITTLE DIVERSIFIED ARCHITECTURAL CONSULTING, INC., FOR DESIGN SERVICES FOR SANTA ANITA COMMUNITY CENTER THIS AGREEMENT is made and entered into this 6th day of December 2022 by and between 6 / / Little Diversified Architectural Consulting, Inc., a North Carolina corporation ("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 30, 2022, the City issued Request for Proposal No. 22-106A, by which it sought a qualified consultant to perform architectural consulting services for the City's new outdoor community center planned at Santa Anita 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. 22-106A. 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. 22-106A, attached hereto as Exhibit A and incorporated in full, and as further described in Consultant's Proposal, attached hereto 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 Consultant's Fee Schedule, which is attached as Exhibit C and incorporated in full. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed Four Hundred Twenty -Five Thousand Dollars and Zero Cents ($425,000.00). The sum is comprised of (1) the base amount of $350,237 and (2) a contingency in the amount of $74,763 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 Page 1 of 11