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INSURANCE ON FILE <br />WORK MAY PROCEED N- 201 1 -058 <br />UNTIL INSURANCE EXPIRES <br />9- 020 —/, <br />CLERK OF COUNMhy 1 1 2011 <br />DATE FOR PROVISION OF ON -CALL SERVICES <br />PVVA <br />=� <br />THIS AGREEMENT, made and entered into this I" day of April, 2011 by and between <br />Sabo. R. B. Welding, Inc., a California corporation (hereinafter "Contractor "), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />welding and steel fabrication. <br />B. Contractor represents that Contractor is able and willing to provide such services to <br />the City. <br />C. 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 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 welding and steel fabrication services on an on -call basis for the <br />City's Water Resources Agency. Contractor may be requested to provide Shielded Metal Arc, <br />Gas Tungsten Arc, Gas Metal Arc and Oxygen and Arc Cutting. Materials to be welded are flat <br />surfaces and pipeline. All welding and steel fabrication work shop and field services shall <br />comply with American Welding Association (AWS) D1.1 Standards, inclusive. As services are <br />required, Contractor shall submit a written proposal including services to be performed and <br />estimated fee. The Executive Director shall provide a written approval prior to commencement <br />of work. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, a <br />rate of $85.00 per hour per welder. Materials will be billed at cost plus 1 O %. The total sum to be <br />expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. City shall retain <br />fifteen percent (1 5 %) of the contract price for each project until the completed Project has been <br />accepted by City. Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2012, unless terminated earlier in accordance with Section 12, below. The term may be renewed <br />for up to two additional one -year periods with the approval of both parties. <br />