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CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into this 2nd day of August, 2017 by and between <br />KimletiHorn_, ("Consultant"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />("City"). <br />RECITALS <br />a <br />The City desires to retain a consultant having special skill and knowledge in the field of: <br />Architectural and engineering design services which will result in the provision of <br />Contract Documents for the"South Main Street Corridor Improvements" project, which <br />is based on and in alignment with the South Main Street Vision Plan. <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 during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in Scope of Services - Exhibit A, <br />attached hereto and incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the rates and charges identified in Compensation - Exhibit B. The total sum to <br />be expended under this Agreement shall not exceed $770,485. This amount includes <br />(1) the base stun of $733,795 and (2) a 5% contingency of $36,690 for services to be <br />performed at the sole discretion of the City. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Non -Fed Funding (6,21.2017) <br />Page 1 of 8 <br />