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INSURANCE NOT ON FILE A-2017-220 WORK MAY Nff PROCEED CLERK OWE 17 DAr 'AGREEMENT TO PROVIDE ON -CALL PROPERTY BOARD -UP SERVICES FOR THE CITY OF SANTA ANA ly"sr'°> `" ` THIS AGREEMENT is made and entered into this 15th day of August, 2017 by and between Forness Construction, Inc., a California corporation ("Contractor"), and the City of Sama Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California C City"). RECITALS A. On June 13, 2017, the City issued Request for Proposal No. 17-066, by which it sought contractors to provide on -call property board -up services in connection with various street improvement prgjcots. 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 as described in the scope of work that was included in RFP No. 17-066 and attached as Exhibit A to this Agreement. 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 aprofiessional consulting 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: I. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Contractor shall perform the services that are described in Exbibit A. Contractor's proposal is incorporated by reference as though fully set forth herein, 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor sball be paid only for actual services performed under this Agreement at the raises and charges identified in Exhibit B. The total amount to be expended shall not exceed $200,000 during the temp of the Agreement, including any extension periods exercised under Section 3. 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. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page I of 8 EXHIBIT 2