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Z:� INSURANCE NOT ON FILE <br />WORK MAY gOT PROCEED <br />CLERK OF COUNCIL <br />A-2021-121-02 <br />DATE; <br />AGREEMENT TO PROVIDE ON -CALL MATERIAL TESTING AND <br />SPECIAL INSPECTION SERVICES <br />THIS AGREEMENT is made and entered into this 6th day of July, 2021 by and between <br />Kleinfelder, Inc. ("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. On September 2, 2020, the City issued Request for Proposal No. 20-111, by which <br />it sought qualified consultants to provide on -call material testing and special <br />inspection services for the City's Public Works Agency. <br />B. Consultant submitted a responsive proposal that was among those selected by the <br />City. Consultant represents that it is able and willing to provide the services <br />described in the scope of work that was included in REP No. 20-111. <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 contracting 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 />On an on -call basis, and at the City's sole discretion, Consultant shall perform the services <br />described in the scope of work that was included in REP No. 20-111, which is attached as Exhibit <br />A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B <br />and incorporated in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Exhibit C. <br />Consultant is one of three (3) consultants selected to provide services on an on -call <br />basis under REP No. 20-111. The total compensation for these services provided <br />by all such consultants selected under REP No. 20-111 shall not exceed the shared <br />aggregate amount of $1,000,000 during the term of the Agreement, including any <br />extension periods. <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 />Page 1 of 8 <br />