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INSURANCE ON FILE <br />WORK MAY PROCEED A-2023-064-02 <br />UNTIL INSURANCE EXPIRES <br />CT`RAX <br />CITY CLERK <br />DATE: <br />MAY 18 2023 AGREEMENT WITH KLEINFELDER, INC. TO PROVIDE ON -CALL <br />9.;?WA(Z)(AV) MATERIAL TESTING AND SPECIAL INSPECTION SERVICES <br />'KY1cY(,.) THIS AGREEMENT is made and entered into this 18th day of April, 2023 by and <br />between Kleinfelder, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California ("City"). <br />RECITALS <br />A. On September 2, 2020 the City issued a Request for Proposal ("RFP") No. 20-111, by <br />which 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 city. <br />Consultant represents that it is able and willing to provide such services described in the <br />scope of work that was included in the RFP 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 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 />During the term of this Agreement, Consultant shall perform all tasks, services, and <br />obligations described in the scope of work section included within RFP No. 20-111, including <br />providing all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in the "Scope of Services", which <br />was included in RFP 20-111 and is attached hereto and fully incorporated herein by this reference <br />as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost <br />proposal and resumes), which is attached hereto and fully incorporated herein by this reference as <br />Exhibit B. <br />2. ALLOWABLE COSTS AND PAYMENTS <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 Consultant's <br />Fee and Cost Proposal, which is attached hereto and fully incorporated herein by <br />this reference as Exhibit C. Consultant is one of three (3) separate consultants <br />selected to provide services on an on -call basis under RFP 20-111. The total <br />compensation for services provided by all consultants selected under RFP 21-105 <br />Page 1 <br />