20A - AA - MODULAR BUILDING AT ZOO

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DESIGN -BUILD AGREEMENT FOR SITE IMPROVEMENTS AND INSTALLATION OF MODULAR CONSTRUCTION AT THE SANTA ANA ZOO AT PRENTICE PARK THIS DESIGN -BUILD AGREEMENT is made and entered into this 1st day of December, 2015 by and between Modular Building Concepts, Inc. ( "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 ( "City "). RECITALS A. The City desires to retain a contractor with special skill and knowledge in the field of designing and constructing site improvements for installation of a new modular building at the Santa Ana Zoo at Prentice Park that will serve as a care and quarantine facility ( "Project "). B. For this purpose, the City issued Request for Proposal No. 15 -079, by which the City invited proposals for the Project. Following evaluation by the City of all the proposals that were submitted, Contractor was selected to complete the Project. C. In undertaking the Project, 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 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 perform design and construction services as set forth in Exhibit A to this Agreement, specifically those services as identified at pages 11 -30 of the City's Request for Proposals No. 15 -079, the entirety of which is incorporated herein by reference. Contractor shall perform all services in compliance with applicable laws, statutes, ordinances, codes, rules, and regulations. 2. COMPENSATION City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $186,000, which includes a 10% contingency, during the term of this Agreement. Contractor shall submit a monthly invoice by the fifteenth of each month to the City for the services rendered in the prior month. All invoices for work performed under this Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: (i) Contractor's invoice number, (ii) beginning and ending dates for services, (iii) City projeet 20A -3