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0 <br />ZZJ <br />CM <br />INSURANCE ON FILE <br />WORK MAY Uff PROCEED <br />CLERK OF COUNCIL <br />A-2021-132-02 <br />DATE: <br />AGREEMENT TO PROVIDE ON -CALL SEWER SYSTEM REPAIR SERVICES <br />THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between <br />Mladen Buntich Construction Co., Inc., a California corporation ("Contractor"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />P" Ar ( &I es) (SA <br />RECITALS <br />A. On April 28, 2021, the City issued Request for Proposal No. 21-036, by which it <br />sought qualified contractors to provide on -call sewer system repair services for the <br />City's Public Works Agency. <br />B. Contractor submitted a responsive proposal that was among those selected by the <br />City. Contractor represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP No. 21-036. <br />NLT <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 <br />be expected from a professional contracting 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 />On an as -needed basis, and at the City's sole discretion, Contractor shall perform the <br />services described in the scope of work that was included in RFP No. 21-036, and as more <br />specifically delineated in Contractor's proposal, which is attached as Exhibit A and incorporated <br />in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Contractor under this Agreement. Contractor shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Exhibit B. <br />Contractor is one of five (5) contractors selected to provide services on an as - <br />needed basis under RFP No. 21-036. The total compensation for services provided <br />by all contractors selected under RFP No. 21-036 shall not exceed the shared <br />aggregate amount of four million dollars and zero cents ($4,000,000) during the <br />term of this agreement, including any extension periods. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Page 1 of 8 <br />