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AGREEMENT TO PROVIDE ENGINEERING DESIGN <br />SERVICES FOR BUSH STREET BICYCLE BOULEVARD <br />THIS AGREEMENT is made and entered into on this 15th day of January, 2019 by and between KOA <br />Corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized <br />and existing under the Constitution and laws of the State of California ("City"). <br />I � <br />RECITALS <br />A. On October 15, 2018, the City issued Request for Proposal No. 18-072 by which it sought a <br />consultant to provide professional engineering design services for the Bush Street Bicycle <br />Boulevard Project. <br />B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents <br />that it is able and willing to provide the services described in the scope of work that was included <br />in RFP No. 18-072. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable <br />in its field and that any services performed by Consultant under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional consulting <br />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 />Consultant shall perform the services described in the scope of work that was included in RFP No. <br />18-072 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and <br />incorporated in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this <br />Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under <br />this Agreement, including any extension periods, shall not exceed $142,984. This sum is <br />comprised of (1) the base amount of $129,985 and (2) a 10% contingency in the amount of <br />$12,999 for additional services at the City's sole discretion. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice <br />evidencing work. performed, subject to City accounting procedures. Payment need not be made <br />for work which fails to meet the standards of performance set forth in the Recitals which may <br />reasonably be expected by City. City shall retain ten percent (10%) of the invoice amount from <br />each payment until the completed work has been accepted by City. <br />EXHIBIT 2 <br />Page 1 of 8 <br />25G-47 <br />