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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />DATE: <br />CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />A-2017-108 <br />This AGREEMENT is made and entered into this 2nd day of May, 2017 by and between the City of <br />Santa Ana, California, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California, (hereinafter "CITY") and KIMLEY-HORN AND <br />ASSOCIATES, INC. (hereinafter "CONSULTANT"). <br />RECITALS <br />A. The CITY desires to retain a consultant having special skill and knowledge in the field of <br />protected bike lane design in order to prepare Mans, specifications, estimates, and provide <br />construction support for the Santa Ana Blvd and 5 St Protected Bike Lanes Project. <br />B. CONSULTANT represents that CONSULTANT is able and willing to provide such services to <br />the 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 expected <br />from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />CONSULTANT shall perform during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully and <br />adequately complete the services described and set forth in Scope of Services - Exhibit A, attached <br />hereto and incorporated by reference. The Scope of Services shall include a Schedule for the; Delivery <br />of Services, which shall be delivered as prescribed, beginning upon the CITY's issuance of a Notice to <br />Proceed. <br />2. COMPENSATION <br />CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services for <br />CITY, a fee of $626,731 in accordance to rates and charges identified in Compensation - Exhibit B, <br />attached hereto and incorporated by reference. A contingency of ten percent (10%) shall be available, at <br />the discretion of the Executive Director of Public Works, for services that are currently not anticipated, <br />but may be required to complete the Project. The total sum to be expended under this agreement shall <br />not exceed Six Hundred and Ninety Thousand Dollars and No Cents ($690,000.00) for the term of the <br />agreement. Compensation shall be processed in accordance with Section 18. <br />3. TERM <br />This Agreement shall commence on the date fast written above for a one-year term with the <br />option for the CITY to grant up to two (2) one-year renewal option(s) exercisable by the City Manager <br />and the City Attorney, unless terminated earlier in accordance with Section 15, below. <br />rev. oan 1/2017 Page 1 of 8 <br />