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AGREEMENT TO PROVIDE ENGINEERING SERVICES FOR THE <br />WARNER AVENUE PROTECTED BIKE LANES PROJECT (OAK TO GRAND) <br />PLANS, SPECIFICATIONS, AND ESTIMATES PACKAGE <br />THIS AGREEMENT is made and entered into this 16th day of March, 2021 by and between <br />Kimley-Horn and Associates, Inc. ("Consultant"), and the City of Santa Ana, a charter City and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. On September 21, 2020, the City issued Request for Proposal No. 20-094, by which <br />it sought a Consultant to provide professional engineering services for the Warner <br />Avenue Protected Bike Lanes Project (Oak to Grand) PS&E. <br />B. Consultant submitted a responsive proposal that was selected by the City, included <br />as Exhibit B. Consultant represents that it is able and willing to provide the services <br />described in the scope of work that is included as Exhibit A. <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 are described in the scope of work that is attached <br />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 C. The total sum <br />to be expended under the term of this Agreement, including any extension periods, <br />shall not exceed $93,990.51. This sum is comprised of (1) the base amount of <br />$87,572.73 and (2) a contingency in the amount of $6,417.78 for additional services <br />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 />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 />Page 1 of 12 <br />