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INSURANCE ON FILE N-2023-31 9 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />cox <br />CITY CLERK <br />DATE:NOV 3 0 2023 CONSTRUCTION AGREEMENT BETWEEN HERK EDWARDS, INC. AND <br />THE CITY OF SANTA ANA FOR THE FURNISHING AND <br />p; pwft u) INSTALLATION OF TELESCOPING BLEACHERS <br />G.Ru�l7 <br />h THIS AGREEMENT is made and entered into this _'R day of September, 2023 by and between <br />Herk Edwards, 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 desires to retain Contractor to furnish and install Telescoping Bleachers <br />by the Hussey Seating Company pursuant to Sourcewell Contract #091719-HSC <br />Effective 12/3/2019—12/3/2023. <br />B. Contractor represents that Contractor is able and willing to provide such work to <br />the City. <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 WORK <br />Contractor shall perform during the term of this agreement, the tasks and obligations <br />including all labor, materials, equipment, and incidental customary work required to fully and <br />adequately complete the work in a good and workmanlike manner as described and set forth in <br />Exhibit A, attached hereto and incorporated herein by this reference. <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 Exhibit A. The <br />total sum to be expended under the term of this Agreement, including any <br />extension periods, shall not exceed $284,610, This sum is comprised of (1) the <br />base amount of $237,175; and (2) a twenty percent (20%) contingency in the <br />amount of $47,435 for additional services to be exercised at City's sole 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 />procedures. Payment need not be made for work which fails to meet the <br />standards of performance set forth in the Recitals and Scope of Work, which may <br />1 <br />