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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES GiRPtX 61ttlUM DATE: A-2023-076-03 AGREEMENT WITH PALP, INC., DBA EXCEL PAVING CO. TO PROVIDE ON -CALL EMERGENCY ASPHALT AND PCC SERVICES FOR THE CITY OF SANTA ANA g:pWAl2�(�v� THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Palp, Inc., a California corporation dba Excel Paving Co. ("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 N California ("City"). 0 N all RECITALS A. On January 18, 2023, the City issued Request for Proposal ("RFP") No. 22-096, by which it sought qualified contractors to provide on -call emergency asphalt and PCC 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 22-096, 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 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: 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 REP No. 22-096, 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 six (6) contractors selected to provide emergency asphalt and PCC services on an on -call basis under RFP 22-096. The total compensation for these services provided by all such contractors selected under RFP 22-096 shall not exceed the shared aggregate amount of Three Million, Dollars and Zero Cents ($3,000,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) 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