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INSURANCE ON FILE <br /> WORK MAY PROCEED <br /> UNTIL INSURANCE EXPIRES A-2024-069-03 <br /> t 2.5 <br /> �� CITY to <br /> CLERK <br /> JUN 1 7 NA <br /> \ DATE.: LI(Iz f z9 <br /> 0: (,PW A 1(-2-) CONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PALP <br /> r Mores-)EL INC., DBA EXCEL PAVING COMPANY FOR ON-CALL EMERGENCY ASPHALT <br /> 1, CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES <br /> THIS AGREEMENT is made and entered into on this 21s` 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 RFP 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 term 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 term of this <br /> Agreement, including any extension periods, as set forth in Section 3,below. <br /> Pagel of 10 <br />