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AGREEMENT FOR PROVISION OF <br /> TRANSPORTATION SYSTEM IMPROVEMENT STUDY <br /> THIS AGREEMENT, made and entered into this 7`" day of December, 2009 by and <br /> between Kimley-Horn and Associates, a North Carolina corporation (hereinafter "Consultant"), <br /> and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br /> the Constitution and laws of the State of California (hereinafter "City"). <br /> RECITALS <br /> A. The City desires to retain a consultant having special skill and knowledge in the field of <br /> traffic engineering to prepare a transportation impact fee study. <br /> B. Consultant represents that Consultant is able and willing to provide such services to the <br /> City. <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 traffic engineering and analysis services to develop a <br /> transportation impact fee schedule, as set forth in Consultant's Proposal, attached hereto as <br /> Exhibit A, and incorporated by reference. <br /> 2. REPRESENTATIVES <br /> For purposes of implementing this Agreement, the representative of City shall be the <br /> Executive Director of the Public Works Agency, or his designated representative, and the <br /> representative of the Consultant shall be the President or his/her designated representative. <br /> Except as may be otherwise stated herein, such representatives shall have the authority to act on <br /> behalf of their respective parties in carrying out the terms of this Agreement. <br /> 3. DELIVERY OF WORK PRODUCT -OWNERSHIP <br /> Consultant warrants and represents that it has the absolute right to enter into and perform <br /> this Agreement and will perform its obligations hereunder in accordance with standards and <br /> <br /> practices prevailing in the industry. Consultant's contribution to the Project, including works. to <br /> <br /> be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or <br /> 1 <br /> 25C-5 <br /> <br />