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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />11.2I)•2023 <br />CLERK OF COUNCIL <br />DATE: DEC 2 9 2022 <br />N-2022-376 <br />AGREEMENT WITH BLACK O'DOWD AND ASSOCIATES, INC., DBA BOA <br />ARCHITECTURE TO PROVIDE ARCHITECTURAL SERVICES FOR RESTROOM <br />_UA IMPROVEMENTS <br />(/ii"C THIS AGREEMENT is made and entered into this 19 day of December 2022 by and between <br />(�iNidtA L� � V) Black O'Dowd and Associates, Inc., a California corporation dba BOA Architecture <br />("Consultant"), and the City of Santa Ana, a chatter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On September 29, 2022, the City issued Request for Proposal ("RFP") No. 22-104, <br />by which it sought qualified consultants to provide architectural services for PAAL <br />Center ADA restroom upgrades for the City's Public Works Agency. <br />B. Consultant submitted a responsive proposal that was selected by the City. <br />Consultant represents that it is able and willing to provide the services described in <br />the scope of work that was included in RFP 22-104. <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 <br />be expected from a professional contracting 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 tasks and services described in the scope of work that was <br />included in RFP No. 22-104, which is attached as Exhibit A and incorporated in full, and as further <br />described in 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 <br />under this Agreement, the rates and charges identified in Exhibit C. The total sum <br />to be expended under the term of this Agreement, including any extension <br />period(s), shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000). The <br />sum is comprised of (1) the base amount of $35,500 and (2) a contingency in the <br />amount of $14,500 for additional services at the City's sole discretion. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />C. Payment need not be made for work that fails to meet the standards of performance <br />Page 1 of 10 <br />- c4_"N <br />