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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />Da �h.�w 0 <br />CLERK Oi COUNCIL <br />DATE: <br />A-2021-211 <br />AGREEMENT TO PROVIDE PAVEMENT MANAGEMENT PROGRAM UPDATE <br />THIS AGREEMENT is made and entered into on this 19th day of October, 2021 by and between Bucknam <br />Infrastructure Group, 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 ("City"). <br />U �Yw R <br />RECITALS <br />A. On August 16, 2021 the City issued Request for Proposal No. 21-076, by which it sought a <br />.-a <br />Consultant to provide Pavement Management Program Updates. <br />cat <br />CM H B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents <br />CM that it is able and willing to provide the services described in the scope of work that was included <br />® in RFP No. 21-076. <br />u <br />Q C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable <br />in its field and that any services performed by Consultant under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional consulting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns <br />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 RFP No. <br />21-076, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, <br />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 City, <br />the rates and charges identified in Exhibit C. The total amount to be expended under this <br />Agreement shall not exceed ninety-one thousand dollars and zero cents ($91,000) during the <br />term of this Agreement, including any extension periods. The sum is comprised of (1) the base <br />amount of $79,038 and (2) an approximate 15% contingency in the amount of $11,962 for <br />additional services at the City's sole discretion. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on October 18`h, <br />2023, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may <br />Page 1 of 9 <br />