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AGREEMENT TO PROVIDE HVAC REPLACEMENT AT <br />THE SANTA ANA REGIONAL TRANSPORTATION CENTER <br />THIS AGREEMENT is made and entered into this 20`x' day of June, 2017 by and between ACCO <br />Engineered Systems, a California corporation ("Contractor"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the State <br />of California ("City"). <br />RECITALS <br />A. On May 8, 2017, the City issued Request for Proposal No. 17-056, and subsequent <br />addenda, by which it sought contractors to provide Replacement of the HVAC <br />systems at the Santa Ana Regional Transportation Center for the City of Santa Ana <br />Public Works Agency. <br />B. Contractor submitted a responsive proposal that was selected by the City. <br />Contractor represents that it is able and willing to provide the services described in <br />the scope of work that was included in RFP No. 17-056 and attached as Exhibit A. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected fiom a professional contracting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />1. SCOPE OF SERVICES <br />Contractor shall perform those services as set forth in Exhibit A, and incorporated by <br />reference to this Agreement. Contractor's proposal is also incorporated by reference as though <br />fully set forth herein. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services <br />provided under RFP 17-056, the rates and charges identified in Exhibit B and <br />incorporated by reference to this Agreement. The total sum to be expended under <br />this Agreement shall not exceed $650,,000 for the term of the Agreement. This <br />amount is comprised of (1) the sum of $529,000 and (2) and a contingency amount <br />of up to $121,000 for services as may be performed by the Contractor at the sole <br />discretion of City. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />Page 1 of 9 <br />Exhibit'l <br />25L-41 <br />