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INSURANCE NOT ON FILE A-2018-025 <br />WORK MAY aT PROCEED <br />CLERK OF COUNCIL <br />GATE: FEB 12 2010 <br />QU%A�� AGREEMENT TO PROVIDE DESIGN SERVICES FOR WARNER AVENUE <br />` PHASE 2 IMPROVEMENTS (OAK STREET TO WRIGHT STREET) <br />THIS AGREEMENT is made and entered into this 6th day of February, 2018 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 November 29, 2017, the City issued Request for Proposal No. 17-135, by which <br />it sought a consultant to provide engineering design services for Warner Avenue <br />Improvements, Phase 2, from Oak Street to Wright Street. <br />B. Consultant submitted a responsive proposal that was selected by the City. <br />Consultant represents that it is able and willing to provide the services described in <br />the scope of work that was included in RFP No. 17-135. <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 were described in the scope of work that was <br />included in RFP No. 17-135 and more specifically delineated in Consultant's proposal, which is <br />attached as Exhibit A and incorporated in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />wider this Agreement, the rates and charges identified in Exhibit B. The total sum <br />to be expended under the term of this Agreement, including any extension periods, <br />shall not exceed $940,000. This sum includes (1) the base fee of $894,639 plus (2) <br />a contingency in the amount of $45,361 for services to be performed at the sole <br />discretion of City. <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 i of 8 <br />EXHIBIT 1 <br />