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A- 2014 -043 <br />INSURANCE ON FILL <br />0 %vM4IL RANCEE6 <br />R MAY AY PROCEED <br />CLERK OE UNCIl. <br />DATE: '`-3 --3-14 <br />AGREEMENT FOR PROVISION OF <br />PROFESSIONAL SERVICES <br />THIS AGREEMENT, made and entered into this 4"' day of February, 2014 by and <br />between Bucknam Infrastructure Group. Inc., a California corporation (hereinafter "Consultant ") <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br />the Constitution and laws of the State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge it the field of <br />pavement management practiccs. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />Citv. <br />C. In undertaking die 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 ftmn 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 provide all labor, materials, tools. equipment, services and incidental <br />customary work (hereinafter "Services ") required to fully and adequately update the City's <br />Pavement Management Program and develop best practices recommendations for efficiency and <br />cost effectiveness (hereinafter. the "Project"), as more fully set forth Consultant's Proposal dated <br />December 30, 2013, attached hereto as Exhibit A and incorporated by reference. <br />If during the term of this Agreement, the parties agree that additional services are <br />neecssan to complete the Project, Consultant shall provide a separate written estimate for such <br />services. No additional services shall be authorized unless a separate estimate is given for said <br />work and the estimate is approved by the Executive Director in writing before the work is <br />commenced. Work performed prior to obtaining written approval of the City shall not be included <br />within the Scope of Work and may not be paid. <br />2. OWNERSHIP OF MATERIALS <br />This Agreement creates a non- exclusive and perpetual license for City to copy. use, <br />modify reuse, or sublicense any and all copyrights, designs, and other intellectual property <br />embodied in plans, specifications, studies, drawings, estimates, and other documents or works of <br />authorship fixed in any tangible medium of expression, including but not limited to, physical <br />drawings or data magnetically or otherwise recorded on computer diskettes. which are prepared <br />or caused to be prepared by Consultant tinder this Agreement ( "Documents & Data'). Consultant <br />shall require all subcontractors to agree in writing that City is granted a non - exclusive and <br />perpetual license for any Documents & Data the subcontractor prepares under this Agreement. <br />Consultant represents and warrants that Consultant has the legal right to license any and all <br />Documents & Data. Consultant makes no such representation and warranty in regard to <br />Documents & Data which were provided to Consultant by the City. City shall not be limited in <br />any wav in its use of the Documents and Data at any time, provided that auv such use not within <br />the purposes intended by this Agreement shall be at City's sole risk. <br />