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INSURANCE ON FILL <br /> WORK MkY PROCEED A-2025-075-03 <br /> UNTlI_INSURANCL L;tiMfk:3,. <br /> CITY C, '11" <br /> ©AI AUG 2 0 202 <br /> AGREEMENT WITH BERG & ASSOCIATES, INC. TO PROVIDE <br /> vw ( � ON-CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND <br /> J°so-Iue Oil na(0Z) INSPECTION SERVICES <br /> THIS AGREEMENT is made and entered into on this 20"'day of May,2025 by and between Berg <br /> & Associates, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter <br /> city and municipal corporation organized and existing under the Constitution and laws of the State <br /> of California ("City"). <br /> RECITALS <br /> A. On January 14, 2025, the City issued Request for Proposal ("RFP")No. 25-011, by which <br /> it sought Consultants to provide on-call water resources construction management and <br /> inspection services on behalf of the City of Santa Ana'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 the services described in the <br /> scope of work that was included in RFP No. 25-011, which is attached hereto as Exhibit <br /> A. Consultant's responsive proposal to RFP No. 25-011 shall be incorporated herein by <br /> reference as though fully attached to this Agreement. <br /> C. Consultant was selected as one of six (6) vendors which qualified for this engagement. <br /> Only those consultants approved by the City Council on May 20, 2025 shall be eligible to <br /> be engaged by the City for these services. <br /> D. 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 /> On an on-call basis, and the City's sole discretion, Consultant shall perform during the term <br /> of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and <br /> incidental customary work required to frilly and adequately complete the services described and <br /> set forth in Scope of Services - Exhibit A, attached hereto and incorporated herein. <br /> 2. COMPENSATION <br /> a. City neither warrants nor guarantees any minimum or maximum compensation to <br /> Consultant. Consultant shall be paid only for actual services performed under this <br /> Agreement at the rates and charges identified in Exhibit B, attached hereto and <br /> incorporated herein. Consultant is one of six (6) consultants selected under RFP 25- <br /> 011. The total compensation for these services provided by all such consultants selected <br /> Page I of 9 <br />