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INSURANCE ON FILE WORK MAY PROCEED A-2024-039 UNTIL INSURANCE EXPIRES <DI 2�1 Zo2 CITY CLFJ�Y 0 3 1021 DATE CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND o., HOUSTON & HARRIS PCS, INC. FOR CCTV INSPECTION SERVICES o N oA ff-e THIS AGREEMENT is made and entered into on this 2❑d day of April, 2024 by and between Houston & Harris PCS, Inc., a California corporation ("Consultant"), 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. The City desires to retain a Consultant having special skill and knowledge in the field of cleaning, inspecting and videotaping sanitary sewer mains. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the Scope of Work that was included in the Request for Proposal ("RFP") No. 24-003. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant 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 Consultant 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 herein, and as further described in Consultant's Proposal - Exhibit B, attached hereto and incorporated herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Compensation - Exhibit C, attached hereto and incorporated herein. The total amount to be expended during the term of this Agreement shall not exceed $4,000,000.00, including any extension periods, and is comprised of: (1) a base amount of $3,529,150.00 and (2) a contingency in the amount of $470,850.00, which may be exercised at the sole discretion of City. 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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required Page 1 of 9