MACADEE CONSTRUCTION INC. 2 - 2012

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A-2012-071 1N5[A" 11T- t !� . (JNTI CLERK DATE S- / 7 AGREEMENT FOR PROVISION OF ELECTRICAL CONTRACTING SERVICES THIS AGREEMENT, made and entered into this 2nd day of April, 2012 by Macadee Electrical Construction, Inc., a California corporation (hereinafter "Contractor"), 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 (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of street light repair and installation. B. Proposer represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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 Contractor shall rewire the existing street light system and install new fixtures on the existing street light poles on Broadway and Sycamore Street (hereinafter "Project"), as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. COMPENSATION a. The City agrees to pay, and Contractor agrees to accept as total payment for its services, a fixed price of $156,889. The City has allocated an additional $15,111 contingency amount, to be expended only at the written direction of the Executive Director of Public Works for additional services required due to unforeseen circumstances. The total sum to be expended under this Agreement shall not exceed $172,000 during the term of this Agreement. b. Payment to Contractor shall be made after completion and City acceptance of the Project. Contractor shall submit a detailed report of work performed and materials used in the Project. Within thirty (30) days after receipt of such report, City shall pay Contractor, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on March 30, 2013. However, contractor shall perform all work items required by this Agreement within a period of ten (10) weeks from Agreement commencement unless terminated earlier in accordance with Section 13.