25D - AGMT REHAB OF WATER WELLS - Laserfiche WebLink

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CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this 7`h day of February, 2011 by and between Bakersfield Well and Pump Company, a California corporation (hereinafter "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 California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in providing water well and booster pump maintenance and repair services. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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: 1. SCOPE OF SERVICES Contractor shall perform water well and booster pump maintenance and repair services required to rehabilitate and maintain the efficiency of the wells, as set forth in Contractor's Proposal, attached hereto as Exhibit A. Said services shall be provided on an as-needed basis, at the written request of the Executive Director of Public Works, or his designee. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended among all contractors providing these services shall not exceed $300,000.00, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2011, unless terminated earlier in accordance with Section 12, below. The City shall have the option to renew this Agreement, on the same terms and conditions, for up to three additional one-year periods. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to 1 25D-29