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INSURANCE NOT ON FILE A-2024-165-03 WORK MAY NOT PROCEED CITY CLERK DATE: NOV 2 6 2024 AGREEMENT TO PROVIDE LARGE WATER SERVICES VAULT AND METER Pwot O APPARATUS IMPROVEMENTS laic, Lou()roN C KP THIS AGREEMENT is made and entered into on this 15th day of October 2024 by and between Big Ben, Inc. ("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 July 16,2024,the City issued Request for Proposal No.24-089,by which it sought a contractor to provide large water services vaults and meter apparatus improvements for the City's water system. B. Contractor submitted a proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-089. 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 Contractor shall perform during the term of this Agreement,the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. City agrees to pay,and Contractor agrees to accept as total payment for its services for City,the rates and charges identified in Compensation-Exhibit B. Contractor is one of four (4) contractors selected to provide services under RFP 24-089. The total aggregate amount to be expended for all services provided under RFP 24-089 during the term of this Agreement shall not exceed $7,500,000. b. Payment by City shall be made within forty-five (45)days following receipt of proper invoice evidencing work performed,subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM