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AGREEMENT TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES <br />THIS AGREEMENT is made and entered into this DATE by and between, Insert Consultant name <br />(Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On [Date], the City issued Request for Proposal ("RFP") No. 23-020, by which it sought a <br />consultant to provide Construction and Management Services for street bridge <br />replacement, and bike trail for the City's Public Works Agency. <br />B. Consultant submitted a responsive proposal that was selected by the City. Consultant <br />represents that it is able and willing to provide the services described in the scope of work <br />that was included in RFP No. 23-020. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional contracting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />On an on -call basis, and at the City's sole discretion, Consultant shall perform the property <br />appraisal services described in the scope of work that was included in RFP No. 23-020 and is <br />attached hereto and marked as Exhibit A and as more specifically delineated in Consultant's <br />proposal, which is attached as Exhibit B and incorporated in full. <br />2. ALLOWABLE COSTS AND PAYMENTS <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Consultant's <br />Cost Proposal attached as Exhibit C. Consultant is the top-ranking consultant to <br />provide property management services under RFP No. 23-020. The total <br />compensation for these services provided under RFP No. 23-020 to perform them <br />shall not exceed an $ during the term of the Agreement, including any <br />extension periods. <br />b. Consultant's Cost Proposal attached as Exhibit C. The specified hourly rates shall <br />include direct salary costs, employee benefits, overhead, and fee. These rates are <br />not adjustable for the performance period set forth in this Agreement. <br />City Council 20 — 23 7/18/2023 <br />