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FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES <br />AGREEMENT WITH KIMLEY HORN AND ASSOCIATES, INC. <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15'h day of June 2021, by and <br />between Kimley-Horn and Associates, Inc. ("Consultant"), and the City of Santa Ana, a charter city <br />and municipal corporation duly organized and existing under the Constitution and laws of the State <br />of California ("City"). <br />RECITALS <br />A. On June 19, 2018, the City entered into Agreement No. A-2018-159-01 ("Agreement") with <br />Kimley-Horn and Associates, Inc. to provide on -call general engineering services, and <br />related matters, for a three year term until June 18, 2021, with the option for the parties to <br />extend the term of the agreement for one (1) two (2) year extension. The Agreement is <br />current and in effect. <br />B. The Consultant was one of nine (9) consultants selected to provide services for general <br />engineering projects on as -needed basis. The nine (9) selected consultants were subject <br />to the combined not -to -exceed amount for compensation detailed in Section 2.a. of the <br />Agreement. <br />C. The parties now wish to exercise the option to extend the Agreement for a term of two (2) <br />years, as provided under the terms of the Agreement, and to increase the maximum shared <br />aggregate expenditure under the Agreement to pay for services provided during the extension <br />to the term of the Agreement by $3,000,000 for a total, not to exceed, $5,000,000. <br />THE PARTIES THEREFORE AGREE: <br />1. Section 2, COMPENSATION, shall be amended as follows: <br />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 as the rates and charges identified in Exhibit B. <br />Consultant is one of nine (9) consultants selected to provide services for general <br />engineering projects on an as -needed basis under RFP No. 17-083. The total <br />compensation for these services provided by all such consultants selected under RFP 17- <br />083 shall not exceed $ 5,000,000 during the term of the Agreement. <br />2. Section 3, TERM. The parties agree to extend the term of the Agreement for an <br />additional two (2) year period from June19, 2021 through June 18, 2023. No other <br />changes are contemplated to this section. <br />Except as hereinabove modified, the terms and conditions of said Agreement remain <br />unchanged and in full force and effect. <br />Page 1 of 2 <br />