SUNNY HILLS ASSOCIATES, INC. DBA SUNNY HILLS RESTORATION

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INSURANCE ON FILE N-2023-303 WORK MAY PROCEED UNTIL INSURANCE EXPIRES C -TRAM CITY CLERK DATE:NOV 0 J 20B D'• Hp- C II-i AGREEMENT WITH SUNNY HILLS ASSOCIATES, INC., DBA SUNNY HILLS e. L-y RESTORATION TO PROVIDE PROPERTY RESTORATION SERVICES THIS AGREEMENT is made and entered into this 26th day of October 2023 by and between Stymy Hills Associates, Inc., a California corporation dba Sunny Hills Restoration ("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"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of property restoration services for a property restoration project at Fire Station 76. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 Contractor shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete restoration services as set forth on their website, www.sunnyhilisrestoration.com, as it may be amended from time to time, and as further described in Contractor's Proposal and Fee Schedule, attached hereto and incorporated herein by this reference as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount authorized during the term of this Agreement shall not exceed $202,608.62. This sum is comprised of (1) the base amount of $168,840.52; and (2) a twenty percent (200/0) contingency in the amount of $33,768.10 for additional, as -needed services, to be exercised a City's sole discretion. a. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page 1 of 9