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AGREEMENT WITH AGA ENGINEERS, INC. TO PROVIDE <br />ENGINEERING & TRAFFIC SURVEY SERVICES <br />THIS AGREEMENT is made and entered into this 19th day of October, 2021 by <br />and between AGA Engineers, Inc., a California corporation ("Consultant"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). Consultant and City are also <br />collectively referred to herein as "Parties" or singularly as a "Party." <br />RFCTTAT,C <br />A. On June 28, 2021, the City issued Request for Proposal No. 21-002, by which it <br />sought a qualified consultant to conduct a five-year update of the current <br />engineering and traffic survey for speed limits. The RFP shall be fully incorporated <br />by reference as though attached hereto. <br />B. Consultant provided a timely proposal that was selected by City staff. Consultant <br />represents that it is able and willing to provide such services to the City. The <br />Consultant's proposal dated July 19, 2021 shall be fully incorporated by reference <br />as though fully attached hereto. <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 <br />to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in Exhibit A, attached hereto and <br />incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />for City, the rates and charges identified in Exhibit B. The total amount authorized <br />during the term of this Agreement shall not exceed seventy thousand dollars and <br />zero cents ($70,000). The base agreement cost is $55,020 with a $14,980 <br />contingency to be used at the City's sole discretion. <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 />Page 1 of 10 <br />