Laserfiche WebLink
INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTI�q RANCEEXPIRES <br />CITY CLERK <br />DATE: <br />N-2023-249 <br />CONSTRUCTION AGREEMENT BETWEEN NATIONAL POOLS INC. AND THE <br />CITY OF SANTA ANA FOR MASONRY WALL PROJECT AT MEMORIAL PARK <br />THIS AGREEMENT is made and entered into this 14th day of September, 2023 by and between <br />National Pools Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />("City"). <br />RECITALS <br />A. The City issued Invitation for Bid ("IFB") No. 23-117A, attached hereto and <br />incorporated herein as Exhibit A, by which it sought a qualified contractor to <br />remove the current wooden fence located at Memorial Park, dividing residential <br />homes and the parking lot, and to replace said wooden fence with a masonry wall. <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 <br />in the scope of work that was included in IFB No. 23-117A. <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 <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be 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 />1. SCOPE OF SERVICES <br />Contractor shall perform all those services which were described in the Scope of Work <br />section included within Exhibit A, and as further described in Contractor's Proposal, attached <br />hereto and incorporated herein as Exhibit B. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its <br />services under this Agreement, the rates and charges identified in Contractor's <br />Fee Proposal, attached hereto and incorporated herein as Exhibit C. The total <br />sum to be expended under the term of this Agreement, including any extension <br />periods, shall not exceed $395,000.00. This sum is comprised of (1) the base <br />amount of $329,000.00; and (2) a twenty percent (20%) contingency in the <br />amount of $66,000.00 for additional services to be exercised at City's sole <br />discretion. <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 <br />Page 1 of 10 <br />