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