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INSURANCE NOT ON FILE WORK MAY T PPROCEED CLERK OF COUNCIL DATE: AUG 1 g 2021 A-2021-132-03 AGREEMENT TO PROVIDE ON -CALL SEWER SYSTEM REPAIR SERVICES THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between Mike Prlich and Sons, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). L rcey�) (s') I RECITALS A. On April 28, 2021, the City issued Request for Proposal No. 21-036, by which it sought qualified contractors to provide on -call sewer system repair services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 21-036. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-036, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of five (5) contractors selected to provide services on an as - needed basis under RFP No. 21-036. The total compensation for services provided by all contractors selected under RFP No. 21-036 shall not exceed the shared aggregate amount of four million dollars and zero cents ($4,000,000) during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Page 1 of 8