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N-2025-032 C F Y G k1l. �[)Af �- AGREEMENT WITH T.B. PENICK & SONS, INC. TO PROVIDE 0 PR.CAA(0)FEB 2 6 20XITIIOCRETE/LITHOMOSAIC PAVING FOR THE SANTA ANAL ZOO (J,kAY,1 Loy 1� w� THIS AGREEMENT is made and entered into on this 29th day of January, 2025 by and between T.B. Penick & Sons, Inc., 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. The City desires to retain a Consultant having special skill and knowledge in the field of providing Lithocrete/LithoMosaic paving for the Santa Ana Zoo. B. City staff, pursuant to City purchasing requirements, has determined that Conti -actor is the sole Contractor for which the purchase of materials, supplies, labor, and equipment is available through one (1) reasonably available Source to provide said services. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor Linder this Agreement will be perfonried 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: I. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, arid incidental customary work required to fully and adequately complete the services described in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A, and in accordance with Section 2- 7.1 of the Greenbook: Standard Specifications for Public Works Construction. The total arnount to be expended during the term of this Agreement shall not exceed the amount of $151,790.00, which is comprised of the following: (1) a base amount of 137,990.00 and (2) a contingency arriOUnt of $13,800.00 for additional and as -needed services to be exercised at City's sole discretion. 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 Contractor agree that all payments due and owing Linder this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the Page I of It