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AGREEMENT TO PROVIDE ENGINEERING DESIGN SERVICES <br />FOR FAIRVIEW STREET WIDENING AND BRIDGE REPLACEMENT <br />THIS AGREEMENT is made and entered into this 3rd day of October, 2017 by and between <br />WKE, Inc., a California corporation ("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 June 29, 2017, the City issued Request for Proposal No, 17-074, by which it sought <br />consultants to provide engineering design services for the Fairview Street Widening and <br />Bridge Replacement from 9`h Street to 16`h Street. <br />B. Consultant submitted a responsive proposal that was selected by the City. Consultant <br />represents that it is able and willing to provide the services as described in the scope of <br />work that was included in RFP No. 17-074 and attached as Exhibit A to this Agreement. <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 the services that are described in Exhibit A. Consultant's <br />proposal is incorporated by reference as though fully set forth herein. <br />2. COMPENSATION <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 to <br />be expended under the term of this Agreement, including any extension periods, shall <br />not exceed.$1,566,569. This amount is comprised of (1) the base sum of $1,424,154 <br />and (2) a 10% contingency of $142,415 for services to be performed at the sole <br />discretion of the City. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. City shall retain ten percent <br />(10%) of the invoice amount from each payment until the completed work has been <br />accepted by City. <br />EXHIBIT 2 Page 1 of 8 <br />20C-.7 <br />