SECOND AMENDMENT TO AGREEMENT WITH KLEINFELDER, INC. TO
PROVIDE ON-CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS SECOND AMENDMENT to the above -referenced agreement is entered into March 19, 2024, by and between Kleinfelder, Inc., 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. The parties entered into Agreement No. A-2021-121-02 (“Agreement”) dated July 6, 2021, to retain qualified consultants to provide on -call materials testing and special inspection services for the City’s Public Works Agency.
B. Consultant is one of three Consultants which were awarded Agreements with the City for the services defined in the Agreement. Each Consultant was retained to share an aggregate compensation pool, under the terms of this Agreement, which is current and in -effect through July 5, 2024, with available options to extend the Agreement.
C. On April 18, 2023, the parties entered into a First Amendment to the Agreement (A-2023- 065-02) to amend the Agreement to increase the aggregate compensation of the Agreement to accommodate additional upcoming projects for which the Consultant can provide quality assurance and testing services for these projects.
D. The parties now wish to further amend the Agreement to increase the aggregate compensation of the Agreement and to exercise an optional one -year extension of the Agreement.
The Parties therefore agree:
1. Section 2(a), Compensation, is hereby amended to increase the total aggregate total to be expended under the term of the Agreement, including any extension periods, by $2,000,000.00.
The total non -to-exceed amount to the aggregate amount available to all the retained consultants shall be $4,000,000.00.
2. Pursuant to Section 3 of the Agreement, Term, the time period of the Agreement is extended for an additional one-year term which shall now end on July 5, 2025.
3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect.
[signature page to follow]
EXHIBIT 2
SIGNATURE PAGE FOR SECOND AMENDMENT TO AGREEMENT WITH
KLEINFELDER, INC. TO PROVIDE ON-CALL MATERIAL TESTING AND
SPECIAL INSPECTION SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ _____________________________ Jennifer L. Hall Thomas R. Hatch
City Clerk Interim City Manager
APPROVED AS TO FORM KLEINFELDER, INC.
SONIA R. CARVALHO
City Attorney
By:___________________________ _______________________________ Jonathan T. Martinez By:
Assistant City Attorney Title:
RECOMMENDED FOR APPROVAL
____________________________
Nabil Saba, PE
Executive Director
Public Works Agency
Mike Dorsch
VP, Southern California Service Line Leader
Construction Materials Engineering & Testing