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INSURANCE NOT ON FILE A-2017-262 WORK MAY NOT CLERK OF CONREEMENT TO PROVIDE ENGINEERING DESIGN SERVICES f DATE: T F2RVIEW STREET WIDENING AND BRIDGE REPLACEMENT 13 29 D�niA THI GREEMT is made and entered into this 3rd da of October, 2017 b and between 74x�l ''4� `t WKE, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and 'laws of the State of California ("City"). RECITALS A. On Juane 29, 2017, the City issued Request for Proposal No. 17-074, by which it sought consultants to provide engineering design services for the Fairview Street Widening and Bridge Replacement from San Street to 16th Street. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services as described in the scope of work that was included in RFP No. 1.7-074 and attached as Exhibit A to this Agreement. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as hallows: 1. SCOPE OF SERVICES Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $1,566,569. This amount is comprised of (1) the base sum of $1,424,154 and (2) a 10% contingency of $142,415 for services to be performed at the sole discretion of the City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. City shall retain ten percent (10%) of the invoice amount fto1n each payment until the completed work has been accepted by City. Page 1 of 8