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EXHIBIT 4 <br />CONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PALP <br />INC., DBA EXCEL PAVING COMPANY FOR ON -CALL EMERGENCY ASPHALT <br />CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES <br />THIS AGREEMENT is made and entered into on this 21" day of May, 2024 by and between <br />PALP, Inc., a California corporation, dba Excel Paving Company ("Contractor"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution <br />and laws of the State of California ("City"). <br />RECITALS <br />A. On January 9, 2024, the City issued Request for Proposal ("RFP") No. 23-182, by which <br />it sought to retain a Contractor having special skill and knowledge in the field of on -call <br />emergency asphalt concrete, concreate and storm drain repair services. <br />B. Contractor submitted a responsive proposal that was among those selected by the City. <br />Contractor represents that it is able and willing to provide such services described in the <br />Scope of Work that was included in UP No. 23-182. <br />C. In undertaking the perfonnance 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 be <br />expected from a professional consulting 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 />Contractor shall perform during the tern of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in Scope of Services - Exhibit A, <br />attached hereto and incorporated herein, and as further described in Contractor's Proposal - <br />Exhibit B, attached hereto and incorporated herein. <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 Contractor's Fee <br />Proposal, which is attached hereto and fully incorporated herein by this reference as <br />"Compensation - Exhibit C." Contractor is one of three (3) separate contractors <br />selected to provide services on an on -call basis under RFP 23-182. The total <br />compensation for services provided by all contractors selected under RFP 23-182 shall <br />not exceed the shared aggregate amount of $3,000,000.00 during the teen of this <br />Agreement, including any extension periods, as set forth in Section 3, below. <br />Page 1 of 10 <br />