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IMU MNU UN Y1Lt <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CITY CLERK <br />DATE <br />A-2023-076-04 <br />AGREEMENT WITH HARDY & HARPER, INC., TO PROVIDE ON -CALL EMERGENCY <br />ASPHALT AND PCC SERVICES FOR THE CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Hardy <br />& Harper, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />o California ("City"). <br />N <br />aQ RECITALS <br />0 <br />A. On January 18, 2023, the City issued Request for Proposal ("RFP") No. 22-096, by which it sought <br />qualified contractors to provide on -call emergency asphalt and PCC services for the City's Public <br />Works Agency. <br />B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor <br />represents that it is able and willing to provide the services described in the scope of work that was <br />included in RFP 22-096. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable <br />in its field and that any services performed by Contractor under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional consulting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />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. 22-096, which is attached as Exhibit A, and <br />incorporated in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor <br />under this Agreement. Contractor shall be paid only for actual services performed under this <br />Agreement at the rates and charges identified in Exhibit B. Contractor is one of six (6) <br />contractors selected to provide emergency asphalt and PCC services on an on -call basis under <br />RFP 22-096. The total compensation for these services provided by all such contractors <br />selected under RFP 22-096 shall not exceed the shared aggregate amount of Three Million, <br />Dollars and Zero Cents ($3,000,000) during the term of the Agreement, including any <br />extension periods. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />