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INSURANCE NOT ON FILE A-2019-142-02 <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: SEP 0 4 2019 <br />®vJ A l�� AGREEMENT TO PROVIDE ON -CALL EMERGENCY WATER <br />D'- AND SEWER SYSTEM REPAIR SERVICES <br />THIS AGREEMENT is made and entered into this 20th day of August, 2019 by and between <br />Paulus Engineering, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />("City"). <br />RECITALS <br />A. On May 16, 2019, the City issued Request for Proposal No. 19-032, by which it <br />sought qualified contractors to provide on -call emergency water and sewer system <br />repair services for the City's Public Works Agency. <br />B. Contractor submitted a responsive proposal that was among those selected by the <br />City. Contractor represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP No. 19-032 and addendum <br />thereto. <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 this <br />Agreement will be performed in compliance with such standards as may reasonably <br />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 />On an as -needed basis, and at the City's sole discretion, Contractor shall perform the <br />services described in the scope of work that was included in RFP No. 19-032 and addendum <br />thereto, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit <br />A and incorporated in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Contractor under this Agreement. Contractor shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Exhibit B. <br />Contractor is one of three contractors selected to provide services on an as -needed <br />basis under RFP No. 19-032. The annual compensation for services provided by <br />all contractors selected under RFP No. 19-032 shall not exceed the shared aggregate <br />amount of $500,000 during the term of this agreement, including any extension <br />periods. <br />Page 1 of 8 <br />