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INSURANCE NOT ON FILE WORK MAY Off PROCEED A-2025-018-06 CITY CLERK DATE: MAY 2 0 2025 AGREEMENT WITH KLEINFELDER, INC. TO PROVIDE ON -CALL WATER RESOURCES ENGINEERING SERVICES D: P Y( Uff) THIS AGREEMENT is made and entered into on this 18Tn day of February, 2025 by and between J 0 S 6 Ho 0 W) Kleinfelder, hie., a California corporation ("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 June 25, 2024, the City issued Request for Proposals No. 24-083, by which it sought Consultants to provide on -call water resources engineering services on behalf of the City of Santa Ana's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-083 and attached as Exhibit A. Consultant's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Consultant was selected as one of nine (9) vendors which qualified for this engagement. Only those consultants approved by the City Council on February 18, 2025 shall be eligible to be engaged by the City for these services. D. 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 consulting 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 On an on -call basis, and the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of nine (9) consultants selected under RFP 24-083. The total compensation for these services provided by all such consultants selected under RFP 24-083 shall not exceed the shared aggregate amount of Two Million Dollars ($2,000,000) during the term of the Agreement, Page 1 of 9 #2010344vl