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EXHIBIT 1 <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />DAVID EVANS AND ASSOCIATES, INC. FOR LANDSCAPE ARCHITECTURAL <br />DESIGN SERVICES FOR LOTH AND FLOWER PARK PROJECT <br />THIS AGREEMENT is made and entered into this 2nd day of May 2023 by and between David <br />Evans and Associates, Inc. ("Consultant"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. On January 27, 2023, the City issued Request for Proposal No. 22-124, by which <br />it sought a qualified consultant to provide design, development and contract <br />documents for the proposed loth and Flower Park project (Project No. 22-1342). <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 <br />in the scope of work that was included in RFP No. 22-124. <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 <br />this Agreement will be performed in compliance with such standards as may <br />reasonably 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 services described in the Scope of Work that was included <br />in RFP No. 22-124, attached hereto as Exhibit A and fully incorporated herein by this reference, <br />and as further described in Consultant's Proposal, attached hereto as Exhibit B and fully <br />incorporated herein by this reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services under this Agreement, the rates and charges identified in Consultant's <br />Fee Schedule, which is attached hereto as Exhibit C and fully incorporated <br />herein by this reference. The total sum to be expended under the term of this <br />Agreement, including any extension periods, shall not exceed Four Hundred <br />Ten Thousand Dollars and Zero Cents ($410,000.00). The $410,000.00 sum is <br />comprised of (1) the base amount of $369,455.00 and (2) a contingency in <br />the amount of$40,545.00 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 />Page 1 of 10 <br />