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CONSULTANT AGREEMENT CITY OF SANTA ANA This AGREEMENT is made and entered into this 2nd day of May, 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (hereinafter "CITY ") and KIMLEY -HORN AND ASSOCIATES, INC. (hereinafter "CONSULTANT "). RECITALS A. The CITY desires to retain a consultant having special skill and lrnowledge in the field of protected bike lane design in order to prepare Mans, specifications, estimates, and provide construction support for the Santa Ana Blvd and 5 St Protected Bike Lanes Project. B. CONSULTANT represents that CONSULTANT is able and willing to provide such services to the CITY. C. In undertaking the performance of this Agreement, CONSULTANT represents that it is knowledgeable in its field and that any services performed by CONSULTANT under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES CONSULTANT shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as prescribed, beginning upon the CITY's issuance of a Notice to Proceed. 2. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services for CITY, a fee of $626,731 in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference. A contingency of ten percent (10 %) shall be available, at the discretion of the Executive Director of Public Works, for services that are currently not anticipated, but may be required to complete the Project. The total sum to be expended under this agreement shall not exceed Six Hundred and Ninety Thousand Dollars and No Cents ($690,000.00) for the term of the agreement. Compensation shall be processed in accordance with Section 18. 3. TERM This Agreement shall continence on the date first written above for a one -year term with the option for the CITY to grant up to two (2) one -year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. EXHIBIT 1 rev. 04n 1/2017 20A -5 Page 1 of