AGREEMENT TO PROVIDE FOCUS AREA PUBLIC REALM PLAN
SERVICES WITH TORTI GALLAS AND PARTNERS
THIS AGREEMENT is made and entered into on this 20th day of February 2024 by and between Neal I. Payton Architectural Corporation, a California corporation dba Torti Gallas and Partners (TGP) ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. On February 21, 2023, the City issued Request for Proposal No. 23-011, by which it sought proposals from qualified firms to develop five (5) public realm plans for the Focus Areas included in the updated General Plan, technical studies, and environmental documents required under the California Environmental Quality Act (CEQA) for the project.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 23-011.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
a. Consultant shall perform during the term of this agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement, including any optional extension periods defined below, shall not exceed $799,282.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.