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INSURANCE NOT ON FILE <br />WORK MAY NST PROCEED <br />CLERK OF COUNCIL <br />A-2018-095 <br />,0 [SATE, APR 1 4 3AEBMENT FOR CITYWIDE STREETLIGHT UPGRADE <br />vIA CZE CITY OF SANTA ANA <br />,a- r, P 55 ., r ✓- <br />Gk0,,e\ <br />AGREEMENT is made and entered into this 3rd clay of April, 2018 by and between Siemens <br />Industry, Inc. Intelligent Traffic Systems ("Contractor"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of California, <br />("City"). <br />RECITALS <br />A. On August 2, 2017, the City issued Request for Proposal No. 17-075, by which it sought a <br />Contractor to evaluate models of LED fixtures identified by the City and thereafter famish <br />and install the LED fixtures, as selected by the City, for Citywide Streetlight Upgrades. <br />B. Contractor submitted a responsive proposal that was selected by the City. Contractor <br />represents that it is able and willing to provide the services described in the scope of work <br />that was included in RPP 17-075. <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 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 to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall perform during the term of this Agreement, the tasks and obligations including all <br />labor, materials, tools; equipment, and incidental customary work required to fully and adequately <br />complete the services described in the scope of services that was included in RFP No. 17-075 and as <br />further delineated in Contractor's proposal, which is attached as Exhibit A and incorporated by reference. <br />2. COMPENSATION <br />a, City agrees to pay, and Contractor agrees to accept as total payment for its services for <br />City, the rates and charges identified in Exhibit B. The total amount to be expended <br />under this Agreement shall not exceed Two Million One Hundred Sixty -Two Thousand <br />Eight Hundred Dollars ($2,162,800) during the term of this Agreement, including any <br />extension periods exercised under Section 3. This sum is comprised of (1) the base fee of <br />$2,059,360 plus (2) a contingency of $103,440 for services to be performed at the sole <br />discretion of the City. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need <br />not be made for work which fails to meet the standards of performance set forth in the <br />Recitals which may reasonably be expected by City, <br />Page 1 of 8 <br />