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_ . ILE <br />'ED <br />VI <br />AGREEMENT FOR TRAFFIC <br />ENGINEERING SERVICES <br />A-2009-212 <br />THIS AGREEMENT, made and entered into this 15`h day of October, 2010 by <br />and between Kimley-Horn and Associates, Inc., a North Carolina corporation (hereinafter <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the <br />field of traffic engineering to prepare a transportation impact fee study. <br />B. On December 21, 2009, Santa Ana City Council approved Consultant to perform <br />a Transportation System Improvement Area fee study, including the area which <br />is the subject of a Joint Powers Agreement between Santa Ana and Tustin. <br />Before an agreement was signed, Tustin determined that it did not require a <br />fee study. <br />C. Consultant represents that it is able and willing to provide a TSIA fee study for <br />Santa Ana. <br />D. In undertaking the performance of this Agreement, Consultant represents that it <br />is knowledgeable in its field and that any services performed by Consultant <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Consultant shall provide traffic engineering and analysis services to complete a <br />Citywide Transportation System Improvement Area Study, as set forth in Consultant's <br />Proposal, attached hereto as Exhibit A, and incorporated by reference. <br />2. DELIVERY OF WORK PRODUCT - OWNERSHIP <br />Consultant warrants and represents that it has the absolute right to enter into and <br />perform this Agreement and will perform its obligations hereunder in accordance with <br />standards and practices prevailing in the industry. Consultant's contribution to the <br />Project, including works to be produced by Consultant hereunder, will not infringe or <br />misappropriate the proprietary or personal rights of any third person or party. Consultant <br />