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4 <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE PIRES <br />1 0 i I Z0t1 <br />CLERK OF COUNCIL <br />A-2021-161-02 <br />DATE: AGREEMENT TO PROVIDE ON -CALL WATER WELL, PUMP, AND MOTOR <br />i14 REHABILITATION AND REPAIR SERVICES <br />0 <br />cv <br />THIS AGREEMENT is made and entered into this I7th day of August. 2021 by and between <br />N Layne Christensen Company ("Contractor"), and the City of Santa Ana, a charter city and <br />rL municipal corporation organized and existing under the Constitution and laws of the State of <br />cn California ("City")./ <br />6. PWA{,i�w�cand6 Perna"er_ (3u) 2 RECITALS <br />A. On April 28, 2021, the City issued Request for Proposal No. 21-059, by which it <br />sought a qualified contractor to provide on -call water well, pump, and motor <br />rehabilitation and repair services for the Water Resources Division of the City's <br />Public Works Agency. <br />B. Contractor submitted a responsive proposal that was among those selected by the <br />City. Contractor represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP 21-059. <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 contracting Finn 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 on -call basis, and at the City's sole discretion, Contractor shall perform the services <br />described in the scope of work that was included in RFP No. 21-059, which is attached as Exhibit <br />A and incorporated in full, and as further described in Contractor's Proposal, which is attached as <br />Exhibit B and incorporated in full. <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 />Contractor is one of three (3) contractors selected to provide services on an as - <br />needed basis under REP 21-059. The total compensation for services provided by <br />all contractors selected under RFP 21-059 shall not exceed the shared aggregate <br />amount of three million two hundred fifty thousand dollars and zero cents <br />($3,250,000) during the term of this agreement, including any extension periods. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />Page I of 8 <br />