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AGREEMENT TO PROVIDE WATER WELL REHABILITATION <br />SERVICES AS A NEEDED BASIS <br />THIS AGREEMENT is made and entered into this 15TH day of November, 2016 by and between <br />BAKERSFIELD WELL & PUMP CO. ("Contractor"), and the CITY OF SANTA ANA, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the State <br />of California ("City"). <br />RECITALS <br />A. On August 16, 2016, the City issued Request for Proposal No. 16-090, by which it <br />sought contractors to provide water well, pump and motor rehabilitation and repair <br />services for the City of Santa Ana Public Works Agency Water Resources Division. <br />B. Contractor submitted a responsive proposal that was selected by the City <br />Contractor represents that it is able and willing to provide the services described in <br />the scope of work that was included in RFP No. 16-090 and attached herein as <br />Exhibit A. <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 <br />be 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 />On an as -needed basis, and at the sole discretion of City, Contractor shall furnish the <br />services as set forth in Exhibit A, to this Agreement. Contractor's proposal is incorporated <br />by reference as though fully set forth 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 Exhibit B. <br />The total annual sum to be expended under this Agreement shall not exceed <br />$400,000. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals and Scope of Work, which may reasonably be <br />expected by City. <br />Page 1 of 8 <br />25C-45 <br />