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INSURANCE ON FILE A-2023-089-03 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />C_ AX <br />CITY CLERK <br />DATE: <br />CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />KIMLEY-HORN & ASSOCIATES, INC. FOR ON -CALL LANDSCAPE <br />0 :p'PWk(2)lAv) ARCHITECTURAL SERVICES <br />(5Vz v) <br />THIS AGREEMENT is made and entered into on this 16th day of May, 2023 by and between <br />Kimley-Horn & 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 />o California ("City"). <br />N <br />all RECITALS <br />A. On February 22, 2023 the City issued a Request for Proposal No. 22-097 by which it <br />desired to retain a Consultant having special skill and knowledge in the field of landscape <br />architectural services on an on -call basis for the City's Public Works Agency. <br />B. Consultant submitted a responsive proposal that was among those selected by the city. <br />Consultant represents that it is able and willing to provide such services described in the <br />scope of work that was included in the RFP No. 22-097. <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 were described in the scope of work included in <br />the RFP No. 22-097, during the term of this Agreement, the tasks and obligations including all <br />labor, materials, tools, equipment, and incidental customary work required to fully and adequately <br />complete the services described and set forth in "Scope of Services - Exhibit All, attached hereto <br />and incorporated by reference, and as further described in Consultant's Proposal, attached hereto <br />an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Consultant's Fee <br />Proposal, which is attached hereto and fully incorporated herein by this reference as <br />"Compensation - Exhibit C". Consultant is one of ten (10) separate consultants <br />selected to provide services on an on -call basis under RFP 22-097. The total <br />compensation for services provided by all consultants selected under RFP 22-097 shall <br />not exceed the shared aggregate amount of $5,000,000.00 during the term of this <br />Agreement, including any extension periods, as set forth in Section 3, below. <br />Page 1 of 10 <br />