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INSURANCE NOT ON FILE A-2023-063-02 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: APR 2 7 2023 AGREEMENT WITH J & A ENGINEERING CORPORATION TO PROVIDE ON -CALL INSTALLATION, MAINTENANCE AND REPAIR SERVICES FOR FENCING AND GATES 0. 100k(J4v✓le �� ( �$- FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of April, 2023 by and between J & A Engineering Corporation, a California corporation ("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 ("City"). RECITALS A. On February 15, 2023, the City issued a Request for Proposal ("RFP") No. 23-012, by which it desired to retain a contractor having special skill and knowledge in the field of installation, maintenance and repair services for fencing and gates on an "on -call" basis for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide such services described in the scope of work that was included in RFP No. 23-012. 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 On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 23-012, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three (3) contractors selected to provide installation, maintenance and repair services for fencing and gates on an on -call basis under RFP 23-012. The total compensation for these services provided by all such contractors selected under RFP 23-012 shall not exceed the shared aggregate amount of Three Million Dollars and Zero Cents ($3,000,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper Page 1 of 9