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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCEOIX <br />CLERVOUNCIL <br />DATE: <br />A-2021-212 <br />EXHIBIT 2 <br />AGREEMENT TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION <br />N,,,)C.S? V10ES FOR SR-55 / RITCHEY IMPROVEMENT PROJECTS <br />THIS AGREEMENT is made and entered into on this 2nd day of November, 2021 by and between <br />Berg and Associates, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />a <br />("City"). <br />0 <br />N RECITALS <br />N <br />o A. On July 27�h, 2021 the City issued Request for Proposal No. 21-066, by which it sought <br />firms to provide Construction Management and Inspection Services for the SR-55 / <br />Ritchey Improvement Projects (Ritchey St Water Main Relocation Project No. 19-6438, <br />SA-7 Pressure Reducing Station Relocation Project No. 19-6439 and SR-55 Water <br />Crossing Relocation Project No. 19-6440). <br />B. Consultant submitted a responsive proposal that was selected by the City. Consultant <br />represents that it is able and willing to provide the services described in the scope of work <br />that was included in RFP No. 21-066. <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 />Consultant shall perform the services described in the scope of work that was included in <br />RFP No. 21-066, which is attached as Exhibit A, and as more specifically delineated in <br />Consultant's proposal, which is attached as Exhibit B and incorporated in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the rates and charges identified in Exhibit C. The total amount to be expended <br />under this Agreement shall not exceed one million dollars and zero cents ($1,000,000) <br />during the tern of this Agreement, including any extension periods. The sum is <br />comprised of (1) the base amount of $885,279.92 and (2) an approximate 13% <br />contingency in the amount of $114,720.08 for additional services at the City's sole <br />discretion. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance <br />Page 1 of 10 <br />