Item 23 - Agreement for Santa Ana Main Library Renovation

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AGREEMENT TO PROVIDE FULL DESIGN FOR THE SANTA ANA MAIN LIBRARY RENOVATION THIS AGREEMENT is made and entered into on this 19 th day of April, 2022, by and between Group 4 Architecture, Research + Planning, Inc., a California 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 October 11, 2021, the city issued Request for Proposal No. 21-118 (“RFP”), by which it sought a Consultant having special skill and knowledge in the field of library renovation to prepare full conceptual plans for the City of Santa Ana Main Library. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. The City intends to utilize funds provided under the American Rescue Plan Act (“ARPA”) for this Agreement. ARPA was signed into law in March 2021. ARPA provides funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund (“SLFRF”), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency. D. 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 during the term of this Agreement the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary works required to fully and adequately complete the services described in the Scope of Work as negotiated and attached as Exhibit A, that was based on the City’s RFP, a true and correct copy of which, as amended, is attached herewith as Exhibit B and as more specifically delineated in Consultant’s Proposal, which is attached hereto as Exhibit C and incorporated in full. In cases of conflict between Exhibits A, B & C, Exhibit A, as negotiated, shall govern. 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 D attached hereto. The total amount to be expended under this Agreement shall not exceed $2,158,565 during the term of this Agreement, including any extension periods exercised under Section 3. The sum is