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Page 1 of 10 <br />#257822v1 <br />AGREEMENT WITH ROBERTSON INDUSTRIES TO PROVIDE <br />RUBBER RESURFACING SERVICES FOR PLAYGROUNDS AT CITY PARKS <br />THIS AGREEMENT is made and entered into on this 21st day of February, 2023 by and between <br />Robertson Industries, Inc. (“Contractor”), 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 />(“City”). <br />RECITALS <br />A.As set forth in Request for Proposal (“RFP”) No. 22-100, issued November 30, 2022, the <br />City desires to retain a Contractor to provide citywide rubber resurfacing for playgrounds <br />at various Santa Ana parks. <br />B.Contractor represents that Contractor is able and willing to provide such services to the <br />City. <br />C.In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor 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 />Contractor shall perform all services described in “Scope of Work” that was included in <br />RFP No. 22-100, which is attached hereto and fully incorporated herein by this reference as <br />Exhibit A. <br />2.COMPENSATION <br />a.City agrees to pay, and Contractor agrees to accept as total payment for its services for <br />City, the rates and charges identified in Contractor’s Fee Proposal, which is attached <br />hereto and fully incorporated herein by this reference as Exhibit B. The total amount <br />to be expended under the Agreement shall not exceed $451,205.00 during the term of <br />this Agreement. This sum is comprised of (1) the base amount of $360,964.00 and (2) <br />a 25% contingency in an amount not to exceed $90,241.00, exercisable at City’s sole <br />discretion, for on-call and/or emergency services, as well as for extra work and/or <br />repairs to be performed by Contractor. <br />b.Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Pa yment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />EXHIBIT 1 <br />  <br />City Council 14 – 3 2/21/2023 <br />