USA SHADE & FABRIC STRUCTURES (SHADE STRUCTURES, INC.)

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INSURANCE NOT ON FILE A-2024-144 WORK MAY NOT PROCEED CITY CLERK 2024 DATE: OCT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SHADE STRUCTURES, INC., DBA SHADE & FABRIC STRUCTURES FOR PURCHASE AND INSTALLATION 0: Lilo) OF A SHADE STRUCTURE AT THE NEWHOPE LIBRARY Ovlay. Dave(KF) THIS AGREEMENT is made and entered into this 17th day of September 2024 by and between Shade Structures, Inc., a Texas corporation dba USA Shade & Fabric Structures ("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 design, procurement, and installation of shade structures for the City's Newhope Library ("Project"). B. Contractor represents that Contractor is able and willing to provide such services to the City. C. Contractor has full access to the material and special pricing under Sourcewell Contract No. 010521-LTS-6 ("Cooperative Contract"). D. The City is a member of Sourcewell (Member ID No. 1888) and is authorized to use the Cooperative Contract for public works procurements, including the materials and services required for the Project. E, 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 a. Contractor shall perform the tasks and obligations including all labor, materials, tools, 12k reach fork and skid steer, and work required to fully and adequately complete the services described and set forth in Contractor's Proposal Exhibit A, attached hereto and incorporated by reference. b. Contractor is not responsible for crane services, drill rigs, land surveying, field measurements, layout, confirmation of final location, above and below ground utilities, sprinklers/irrigation systems, caulking, sealants, joint checks, traffic control plans, flagging, permits, or a Storm Water Pollution Prevention Plan. c. The Project shall be deemed complete upon its acceptance by the City's Executive Page 1 of 10