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CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SYRUSA <br />ENGINEERING, INC. FOR PRECONSTRUCTION ENGINEERING SERVICES <br />THIS AGREEMENT FOR CONSULTANT SERVICES ("Agreement") is made and <br />entered into this 18th day of July, 2023 by and between SYRUSA Engineering, Inc. ("Consultant"), <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br />the Constitution and laws of the State of California ("City") hereinafter collectively referred to as <br />the "Parties". <br />RECITALS <br />A. On March 15, 2023, the City issued a Request for Proposal ("RFP") No. 23-020, by which <br />it sought to retain a consultant having special skill and knowledge in the field of <br />preconstruction engineering services, construction management services, and contract <br />administration services for the Fairview Bridge Replacement and the 91h Street to 16m Street <br />Improvement Project for the City's Public Works Agency. <br />B. Consultant submitted a responsive proposal that was among those selected by the City. <br />Consultant represents that it is able and willing to provide such services described in the <br />scope of work that was included in the 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 consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject <br />to the terms and conditions hereinafter set forth, the Parties agree as follows: <br />1. SCOPE OF SERVICES <br />During the term of this Agreement, Consultant shall perform all the tasks and obligations <br />described in the scope of work section included within RFP 23-020, including providing all labor, <br />materials, tools, equipment, and incidental customary work required to fully and adequately <br />complete those services described and identified in "Exhibit A - Scope of Work (Task 1 only)", <br />attached hereto an incorporated herein by this reference, and as further described and identified <br />in "Exhibit B - Consultant's Proposal", attached hereto and incorporated herein by this <br />reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in "Exhibit C - Consultant's Fee <br />Proposal", attached hereto and incorporated herein by this reference. The total sum to be <br />expended under the term of this Agreement, including any extension period(s), shall not exceed <br />$285,620.00, and is comprised of the base amount of $259,659.00 and a 10% contingency amount <br />f10 <br />City Council 20 — 88 7/18 023 <br />