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iacu 1161 <br />AGREEMENT TO PROVIDE ENGINEERING SERVICES FOR <br />FIRST STREET PEDESTRIAN LVIPROVEMENTS PLANS, SPECIFICATIONS, AND <br />ESTIMATES PACKAGE <br />THIS AGREEMENT is made and entered into this 21' day of January 2020 by and between Tetra <br />Tech, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On October 11, 2019, the City issued Request for Proposal No. 19-110, by which <br />it sought a consultant to provide professional Engineering Services for First Street <br />Pedestrian Improvements PS&E. <br />B. Consultant submitted a responsive proposal that was selected by the City. <br />Consultant represents that it is able and willing to provide the services described in <br />the scope of work that was included in RFP No. 19-110. <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 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 SERVICES <br />Consultant shall perform the services that were described in the scope of work that was <br />included in RFP No. 19-110 and as more specifically delineated in Consultant's proposal, which <br />is attached as Exhibit A and incorporated in full. <br />2. ALLOWABLE COSTS AND PAYMENTS <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit B. The total sum <br />to be expended under the term of this Agreement, including any extension periods, <br />shall not exceed $439,998. This sum is comprised of (1) the base amount of <br />$399,998 and (2) a contingency in the amount of $40,000 for additional services at <br />the City's sole discretion. <br />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 and Scope of Work, which may reasonably be <br />expected by City. <br />I§KT42 <br />