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19"i,%i.8UAANCE NOT ON FILE A-2020-245-04 91 NORK MAY NOT PROCEED CLERK OF COUNCIL. DATE: AGREEMENT TO PROVIDE ON -CALL CONSTRUCTION REPAIR SERVICES (Flo W Su ih )THIS AGREEMENT is made and entered into this 1st day of December, 2020 by and between Palp hie. dba Excel Paving Company ("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. On September 22, 2020, the City issued Request for Proposal No. 20-106, by which it sought qualified contractors to provide on -call asphalt pavement, concrete pavement, and stormdrain repair services for the City's Public Works Agency. 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 described in the scope of work that was included in RFP 20-106 and addenda thereto. 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 On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 20-106 and addenda thereto, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four contractors selected to provide services on an on -call basis under RIP No. 20-106 and addenda thereto. The total compensation for any services provided by the contractors selected under RFP No. 20-106 shall not exceed the shared aggregate amount of $900,000 during the term of this agreement, including any extension periods. 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 Page 1 of 8