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Page 1 of 10 <br />AGREEMENT TO PROVIDE ELECTRICAL LIGHTING DESIGN SERVICES FOR <br />PACIFIC ELECTRIC BIKE TRAIL PHASE 2 <br />AND SANDPOINTE PARK SECURITY LIGHTING PROJECT <br />THIS AGREEMENT is made and entered into on this 20th day of April, 2021 by and between <br />IDS Group (“Consultant”), and the City of Santa Ana (“City”), a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California. <br />RECITALS <br />A.The City desires to retain a consultant having special skill and knowledge in the field of <br />construction management and inspection services. <br />B.Consultant represents that Consultant is able and willing to provide such services to the <br />City. <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 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 <br />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 Scope of Services - Exhibit A, <br />attached hereto and incorporated by reference. <br />2.COMPENSATION <br />a.City agrees to pay, and Consultant 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 $71,556 during the term of this Agreement, <br />including any extension periods exercised under Section 3. The sum is comprised of <br />the base amount of $65,051 with a contingency in the amount of $6,505 for <br />additional services at the City’s sole discretion. <br />b.Payment by City shall be made within 45 days (forty-five) 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 performance <br />set forth in the Recitals which may reasonably be expected by City. City shall retain <br />ten percent (10%) of the invoice amount from each payment until the completed Project <br />has been accepted by the City.