KIMLEY-HORN AND ASSOCIATES, INC. (3)

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N INSURME NOT ON FILE WORK MAY V T_ PROCEED A-2021-034 CLiAK Of COUNCIL DATE: g AGREEMENT TO PROVIDE ENGINEERING SERVICES FOR THE WARNER AVENUE PROTECTED BIKE LANES PROJECT (OAK TO GRAND) PLANS, SPECIFICATIONS, AND ESTIMATES PACKAGE FL THIS (AGREEMENT is made and entered into this 16th day of March, 2021 by and between Kimley-Horn and Associates, Inc. ("Consultant"), and the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 21, 2020, the City issued Request for Proposal No. 20-094, by which it sought a Consultant to provide professional engineering services for the Warner Avenue Protected Bike Lanes Project (Oak to Grand) PS&E. B. Consultant submitted a responsive proposal that was selected by the City, included as Exhibit B. Consultant represents that it is able and willing to provide the services described in the scope of work that is included as Exhibit A. 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 contracting 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 the services that are described in the scope of work that is attached as Exhibit A and incorporated in full. 2. ALLOWABLE COSTS AND PAYMENTS a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $93,990.51. This sum is comprised of (1) the base amount of $87,572.73 and (2) a contingency in the amount of $6,417.78 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page 1 of 12