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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />/O —//—'99 <br />CLERK OF COUNCIL <br />DATE: 9-3-03 <br />6: PWA <br />tT C,wtg1ran) <br />A-2003-175 <br />ON-CALL AGREEMENT <br />THIS AGREEMENT, made and entered into this 4P day of August 2003, by <br />and between DOTY BROS. CONSTRUCTION CO., a California corporation), (hereinafter <br />"Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized <br />and existing under the Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City of Santa Ana's Public Works Agency Water Resources (CITY), <br />provides water and sewer services to persons and property located both within and <br />beyond the boundaries of CITY. <br />B. From time to time CITY requires the services of independent contractors to assist <br />CITY in natural or manmade emergency situations when CITY has an insufficient <br />number of personnel and/or insufficient materials and/or equipment required to <br />take action necessary on an expedited basis to prevent a system outage, to <br />expeditiously restore service to normal operating conditions and/or to maintain <br />service during such emergencies. <br />C. CITY desires to expedite securing services of contractors to provide personnel, <br />materials, tools, and/or equipment to assist CITY during such emergencies <br />(collectively, Services). <br />D. Contractor represents that Contractor is able and willing to provide such services the <br />City. <br />E. 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 consulting firm in the field. <br />F. The public interest, welfare and economy will be served by this Agreement <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to <br />the terms and conditions hereinafter set forth, the parties agree as follows: <br />