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CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into this 6TH day of December, 2016 by and between <br />KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"), and the CITY OF SANTA ANA, a <br />charter city and municipal corporation organized and existing cinder the Constitution and laws of <br />the State of California ("City"). <br />RECITALS <br />A. On October 4, 2016, the City issued Request for Proposal No. 16-125, by which it <br />sought a consultant to provide technical support for the design review of the OC <br />Streetcar Project for the City of Santa Ana Public Works Agency. <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 RPP No. 16-125, and, related addendum. <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 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 furnish the services as set forth in Exhibit A, to this Agreement. <br />Consultant's proposal is incorporated by reference as though fully set forth herein. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit B and incorporated by reference to this <br />Agreement. The total sum to be expended cinder this Agreement shall not exceed <br />$250,000 for the term of the Agreement, including any renewal. <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 />Exhibit 2 <br />0b-1 <br />2 5 <br />