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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />12-`�\ 22 <br />CLERK OF COUNCIL <br />DATE: <br />A-2022-078-02 <br />AGREEMENT TO PROVIDE ON -CALL CHAIN LINK FENCING SERVICES <br />FOR THE CITY OF SANTA ANA <br />N THIS AGREEMENT is made and entered into on this 17th day of May, 2022 by and between United <br />`c Site Services Inc., a Delaware corporation ("Contractor"), and the City of Santa Ana, a charter city <br />v and municipal corporation organized and existing under the Constitution and laws of the State of <br />p California ("City"). <br />Q RECITALS <br />A. On October 14, 2021, the City issued Request for Proposals No. 21-123, by which it sough <br />qualified contractors to provide on -call chain link fence furnishing and installation at various sites <br />citywide on an as needed basis. <br />B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor <br />represents that it is able and willing to provide the services described in the scope of work that was <br />included in RFP 21-123 <br />C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable <br />in its field and that any services performed by Contractor 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 terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />On an on -call basis, and at the City's sole discretion, Contractor shall perform the services <br />described in the scope of work that was included in RFP No. 21-123, which is attached as Exhibit A, and <br />as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated <br />in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor <br />under this Agreement. Contractor shall be paid only for actual services performed under this <br />Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) <br />contractors selected to provide right of way specialty services on an on -call basis under RFP <br />21-123. The total compensation for these services provided by all such contractors selected <br />under RFP 21-123 shall not exceed the shared aggregate amount of Three Hundred Thousand <br />Dollars and Zero Cents ($300,000) during the term of the Agreement, including any extension <br />periods. <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 />Page I of 9 <br />