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iNSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL. <br />DATE: <br />A-2020-245-01 <br />D-. ?WfrCo) <br />�J N1�1M-C �4eV) AGREEMENT TO PROVIDE ON -CALL CONSTRUCTION REPAIR SERVICES <br />THIS AGREEMENT is made and entered into this 1st day of December, 2020 by and between <br />T.E. Roberts, Inc. ("Contract_ "), 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 September 22, 2020, the City issued Request for Proposal No. 20-106, by which <br />it sought qualified contractors to provide on -call asphalt pavement, concrete <br />pavement, and stormdrain 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 20-106 and addenda <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 on -call basis, and at the City's sole discretion, Contractor shall perform the services <br />described in the scope of work that was included in RFP No. 20-106 and addenda thereto, which <br />is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is <br />attached as Exhibit B 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 C. <br />Contractor is one of four contractors selected to provide services on an on -call basis <br />under RFP No. 20-106 and addenda thereto. The total compensation for any <br />services provided by the contractors selected under RFP No. 20-106 shall not <br />exceed the shared aggregate amount of $900,000 during the term of this agreement, <br />including any extension periods. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Page I of 8 <br />