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AGREEMENT WITH MIG, INC. TO PROVIDE FULL <br />CONCEPT DESIGN FOR THE CITY OF SANTA ANA DOG PARK <br />THIS AGREEMENT is made and entered into on this 6th day of December 2022 by and between, <br />MIG, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On September 22, 2022 the City of Santa Ana Public Works Agency issued a Request for <br />Proposal No. 22-129, by which it sought a qualified Consultant having special skill and <br />knowledge in the field of engineering, landscape architectural, administration services to <br />develop and provide construction management support 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. 22-129 and that is attached as Exhibit A and incorporated herein by this reference, and <br />as further delineated in Contractor's proposal, which is attached as Exhibit B and incorporated <br />herein by this reference. <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 attached hereto and incorporated <br />herein by this reference. The total amount to be expended during the term of <br />this Agreement shall not exceed $800,000 during the term of this Agreement, including <br />any extension periods exercised under Section 3. The sum is comprised of one (1) the <br />base amount of $703,851 and two (2) an approximate contingency of 14% in the <br />amount of$96,149 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 proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />Page 1 of 10 <br />