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EXHIBIT 1 <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />TRUELINE CONSTRUCTION & SURFACING FOR CITYWIDE OUTDOOR SPORTS <br />COURT RESURFACING <br />THIS AGREEMENT is made and entered into this 7th day of February 2023 by and between <br />TrueLine Construction & Surfacing, Inc., a California corporation ("Contractor"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On October 14, 2022, the City issued Request for Proposal ("RFP") No. 22-123, <br />by which it sought a qualified contractor to perform outdoor sports court <br />resurfacing throughout the City. <br />B. Contractor submitted a responsive proposal that was selected by the City. <br />Contractor represents that it is able and willing to provide the services described <br />in the scope of work that was included in RFP No. 22-123. <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 <br />this Agreement will be performed in compliance with such standards as may <br />reasonably 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 />Contractor shall perform the services described in the Scope of Work that was included in <br />RFP No. 22-123, attached hereto as Exhibit A and incorporated in full, and as further described <br />in Contractor's Proposal, attached hereto as Exhibit B and incorporated in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its <br />services under this Agreement, the rates and charges identified in Contractor's <br />Fee Schedule, which is attached as Exhibit B and incorporated in full. The total <br />annual sum to be expended under the term of this Agreement, including any <br />extension period(s), shall not exceed Three Hundred Thousand, Fifty -Eight <br />Dollars and Zero Cents ($358,058.00). The sum is comprised of (1) the base <br />amount of $195,988 and (2) a contingency in the amount of $162,070 for <br />additional services at the City's sole discretion. <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 <br />Page 1 of 10 <br />