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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />A-2024-035-02 <br />CITY CLERK APR 0 6 2024 <br />DATE: SECOND AMENDMENT TO AGREEMENT WITH IO.EINFELDER. INC. TO <br />PROVIDE ON -CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES <br />0 PW$ (1) <br />(S ThWtilatlTHIS SECOND AMENDMENT to the above -referenced agreement is entered into March 19, <br />)' 2024, by and between Kleinfelder, Inc., a California corporation ("Consultant"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution <br />and laws of the State of California ("City"). <br />RECITALS <br />A. The parties entered into Agreement No. A-2021-121-02 ("Agreement") dated July 6, 2021, <br />to retain qualified consultants to provide on -call materials testing and special inspection <br />services for the City's Public Works Agency. <br />B. Consultant is one of three Consultants which were awarded Agreements with the City for <br />the services defined in the Agreement. Each Consultant was retained to share an aggregate <br />compensation pool, under the terms of this Agreement, which is current and in -effect <br />through July 5, 2024, with available options to extend the Agreement. <br />C. On April 18, 2023, the parties entered into a First Amendment to the Agreement (A-2023- <br />065-02) to amend the Agreement to increase the aggregate compensation of the Agreement <br />to accommodate additional upcoming projects for which the Consultant can provide quality <br />assurance and testing services for these projects. <br />D. The parties now wish to further amend the Agreement to increase the aggregate <br />compensation of the Agreement and to exercise an optional one-year extension of the <br />Agreement. <br />The Parties therefore agree: <br />Section 2(a), Compensation, is hereby amended to increase the total aggregate total to be <br />expended under the term of the Agreement, including any extension periods, by $2,000,000.00. <br />The total non -to -exceed amount to the aggregate amount available to all the retained <br />consultants shall be $4,000,000.00. <br />2. Pursuant to Section 3 of the Agreement, Term, the time period of the Agreement is extended <br />for an additional one-year term which shall now end on July 5, 2025. <br />3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as <br />amended, shall remain in full force and effect. <br />[signature page to follow] <br />Page 1 of 2 <br />