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y <br />' INSURANCE RQT ON FILL <br />WORK MAY M! PROCEED <br />CLERK OF COUNCIL <br />DATE: AUG 0 9 2006 <br />FIRST AMENDMENT AND RESTATED <br />AGREEMENT FOR ON-CALL AGREEMENT <br />A-2006-179 <br />This / '-'— AMENDED AND RESTATED AGREEMENT, made and entered <br />into this /7 'day of :Q'A 2006 by and between the City of Santa Ana, a charter city <br />and municipal corporation duly authorized under the Constitution and laws of the State of <br />California (referred to herein as "City")," and DOTY BROS. CONSTRUCTION (hereinafter <br />"CONTRACTOR"). <br />RECITALS <br />1. The City of Santa Ana's Public Works Agency Water Resources (CITY), provides water <br />and sewer services to persons and property located both within and beyond the boundaries of the <br />CITY. <br />2. From time to time the CITY requires the services of independent contractors to assist the <br />CITY in natural or manmade emergency situations when CITY has an insufficient number of <br />personnel and/or sufficient materials and/or equipment required to take action necessary on an <br />expedited basis to prevent a system outage, to expeditiously restore service to normal operating <br />conditions and/or to maintain service during such emergencies. <br />3. CITY desires to expedite securing services of contractors to provide personnel, <br />materials, tools, and/or equipment to assist the CITY during such emergencies (collectively, <br />Services). <br />4. Contractor represents that Contractor is able and willing to provide such services to the <br />CITY. <br />5. 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 Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional consulting firm in the field. <br />6. The public interest, welfare and economy will be served by this Agreement. <br />NOW, THEREFORE, for the reasons recited above, and in consideration of the respective <br />and mutual covenants and promises hereinafter contained and made, and subject to all the terms and <br />conditions hereof, the parties hereto do hereby agree as follows: <br />