5 STAR ELEVATOR SERVICE INC. -2013

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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIR& LEF1KOFGOUNCII. _..,..__.. DESIGN -BUILD CONTRACTOR SERVICES DATE: SANTA ANA MAIN LIBRARY ELEVATOR MODERNIZATION F-MINSIM THIS AGREEMENT, made and entered into this 4'' day of November, 2013, by and between 5 STAR ELEVATOR SERVICE, 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 1. The City desires to retain a Contractor having special skill and knowledge required to design and build improvements to modernize the elevator at the Santa Ana Main Library. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide general contractor services, 3. 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 contracting firm. 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: SCOPE OF WORK a. Contractor shall provide professional and technical engineering services required to design and prepare construction drawings, time schedule and cost estimates for the modernization of the existing hydraulic elevator at the Santa Ana Main Library (hereinafter "Project "). Contractor shall provide project management, construction management, skilled labor, equipment, supplies and materials required to construct the Project on schedule in conformance with the approved plans and specifications, as set forth in Request for Proposal 13 -038, specifically the Scope of Work attached hereto as Exhibit A -1, and Contractor's Proposal dated September 20, 2013, attached as Exhibit A -2. All attached Exhibits are incorporated by this reference. b. Time for Performance. Contractor shall perform and complete all services required to complete the project, in a timely and expeditious manner. Contractor shall perform such services in accordance with the schedules which Contractor and City may mutually agree. In the event that Contractor determines that a proposed schedule for work as requested by the City is not possible or achievable, Contractor shall immediately notify the City's Representative, in writing and seek modifications. No extension of time shall be accepted unless it is evidenced in a writing executed by each Party's Representative. c. Progress Report. Contractor shall submit progress reports at least once a month. The reports shall be sufficiently detailed for City's Project Manager to determine whether Contractor is performing to expectations and on schedule, to communicate interim findings, and to specifically address any difficulties or special problems encountered, so remedies can be developed.