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;MU> ANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK DATE: MAY 2 8 2025 N-2025-136 AGREEMENT WITH ECS PACIFIC, INC. TO PERFORM BUILDING ENCLOSURE ASSESSMENT AND DESIGN CONSULTATION SERVICES V n �U�10 �� THIS AGREEMENT is made and entered into on this 16th day of May, 2025 by and between ECS 1 Pacific, Inc., a Virginia corporation ("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 ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of building enclosure assessment and design consultation services to evaluate the Main Library for water/moisture intrusions, to review design documents, and to offer recommendations for waterproofing the building on behalf of City's Library Services Department. B. Consultant represents that it is able and willing to provide such services to the City. C. 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 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 Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B, attached hereto and incorporated herein. The total amount to be expended during the term of this Agreement shall not exceed $49,954.00, which is comprised of. (1) a base amount of $47,575.00; and (2) a 5% contingency in the amount of $2,379.00 for additional and as -needed services, to be exercised at City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required Page 1 of 9