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INSURANCE N(QiT ON FIB, A -2095 -080 <br />VV RK MAY WT PROCEED AGREEMENT FOR PROVISION OF <br />OLFR 1 OF COUNCIL ELECTRICAL CONTRACTING SERVICES <br />DATE; `7- 7_t5 <br />THIS AGREEMENT, made and entered into this 19`x' day of May, 2015, by California Professional <br />Engineering, Inc., a California corporation (hereinafter "Contractor "), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of California <br />( hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of street light <br />repair and installation. <br />B. Contractor represents that it is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its <br />field and that any services performed by Contractor under this Agreement will be performed in <br />compliance with such standards as may reasonably be expected from a professional consulting firm in <br />the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />I. SCOPE OF SERVICES <br />Contractor shall rewire the existing street light system and install new City supplied fixtures on the <br />existing street light poles on Floral. Park Neighborhood (hereinafter "Project"), as set forth in Exhibit A, attached <br />hereto and incorporated by this reference. <br />2. COMPENSATION <br />a. The Contractor agrees to accept as total payment for its services, a fixed price of $478,020. The <br />City has allocated an additional $20,000 contingency amount, to be expended only at the written direction of the <br />Executive Director of Public Works or his designee for additional services required due to unforeseen <br />circumstances. The total sum to be expended under this Agreement shall not exceed $448,020 during the teen of <br />this Agreement. <br />b. Payment to Contractor for the City paid portion of the contract shall be made after completion <br />and City acceptance of the Project. Contractor shall submit a detailed report of work performed and materials <br />used in the Project. Within sixty (60) days after receipt of such report, City shall pay Contractor, subject to City <br />accounting procedures. Payment need not be made for work which fails to meet the standards of performance <br />set forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall continence on the date first written above and terminate on June 30, 2016, unless <br />terminated earlier in accordance with Section 11 <br />4. OWNERSHIP OF REPORTS AND DOCUMENTS <br />The originals of all maps, drawings, plans, graphs, letters, documents, reports and other products and data <br />produced under this Agreement shall be delivered to, and become the property of City. Copies may be <br />