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AGREEMENT TO PROVIDE SPACE PLANNING AND <br />IMPLEMENTATION SERVICES AT THE CITY YARD <br />THIS AGREEMENT is made and entered into this 20TH day of June, 2017 by and between Culver - <br />Newlin, (hereinafter "Consultant"), 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 />(hereinafter "City"). <br />RECITALS <br />A. On May 9, 2017, the City issued Request for Proposal No. 17-057, by which it <br />sought Contractors to provide Space Planning and Implementation Services for <br />adequate office and work space areas for the Public Works Agency City Yard and <br />Ross Annex offices. <br />B. Consultant represents that Consultant is able and willing to provide such services <br />to the City at the Public Works Agency City Yard offices only. <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 <br />be expected from a professional consulting 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 />Consultant shall perform those services as set forth in Exhibit A, only in respect to those <br />services at the City Yard, and incorporated by reference to this Agreement. Consultant's proposal <br />is also incorporated by reference as though fully set forth herein. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />provided under RFP 17-057, the rates and charges identified in Exhibit B. The <br />total sum to be expended under this Agreement shall not exceed $159,000 during <br />the term of this agreement. This amount is comprised of (1) the sum of $138,228.50 <br />and (2) a 15 percent contingency of up to $23,771.50 for services as may be <br />performed by the Contractor at the sole discretion of City. <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 procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals which may reasonably be expected by City. <br />Exhibit 3 <br />25H-73 <br />