FODDRILL CONSTRUCTION CORPORATION-2017

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INSURANCE ON FILE'. WORK MAY PROCEED uMflt INSURANCE EXPIRES DATEK &i'0 2017 Professional Liability Insurance required if contractor is or employs a licensed professional CONSULTANT AGREEMENT A-2017-274 THIS AGREEMENT is made and entered into this 27th day of September, 2017 by and between Foddrill Construction Corporation, a California Corporation, (hereinafter "Consultant"), 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. On March 31, 2017 the City issued an invitation for bid (Bid No, 17-040) for furnishing labor and materials to retrofit the lighting at the Civic Center Plaza Parking Garages and the Eddie West Stadium Facility ("the project"), B. On May 1, 2017 Consultant submitted a bid which thereafter was deemed to be the lowest responsive bid. C. Consultant was awarded the project by the City Council on August 1, 2016, D. The parties acknowledge that the project is funded through On Bill Financing proceeds and cash incentives from Southern California Edison ("Edison"). E. The City desires to retain a consultant having special skill and knowledge in the field of retro -fitting lighting fixtures by way of installing energy efficient lighting fixtures in certain City -owned locations. F. Consultant represents that Consultant is able and willing to provide such services to the City. G. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firrn 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: Consultant shall furnish labor and materials to retro fit the lighting at the Civic Center Plaza Parking Garages located at 20 Civic Center Plaza, and the Eddie West Stadium Facility located at 602 North Flower Street in the City of Santa Ana as set forth in the General Scope of Services and Requirements of the Invitation for Bid No. 17-040 attached hereto as Exhibit A and Consultant's proposal submitted May 1, 2017 for Bid No. 17-040 incorporated by reference as if completely set forth in full in this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant 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 $105,234.96 which includes $95,668.16 plus a 10% contingency of $9566.80 to be used at the City's sole discretion during the term of this Agreement. b. Consultant acknowledges that this project is to be funded by cash incentives and On Bili Financing proceeds from Edison. City will not pay invoices from Consultant. Once the