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INSURANCE ON FILE WORK MAY PROCEED Oq 0i ';NCEEXPIRES CITY CLERK DATE .1UL 1 2025 A-2025-105 CONTRACTOR AGREEMENT WITH EJ WARD INC. TO PROVIDE FUELING STATION IMPROVEMENTS THIS AGREEMENT is made and entered into on this 1st day of July, 2025 by and between EJ Ward, Inc., a Nevada 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. Santa Ana Municipal Code (SAMC) Section 2-807(d) for Non -Bid Purchases allows contracts to be exempted from competitive bidding through an open market purchase when vendors have been awarded a similar type of purchase contract by another public agency after going through a competitive process. B. Sourcewell, a cooperative government purchasing agency, awarded a contract to E.J. Ward, Inc. for Aboveground Fuel and Fluid Storage with Related Hardware, Software and Services (Contract No. 081524-EJW). Contract was awarded as a result of open, competitive bidding, and meets the City's requirement. C. Contractor represents that it is able and willing to provide such services described in the Scope of Work and Cost Proposal, which is attached hereto as Exhibit A. D. 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 Exhibit A, attached hereto and incorporated herein. 2. COMPENSATION a City agrees to pay and Contractor agrees to accept as total payment for its services the rates and changes identified in Exhibit A, which is attached hereto and incorporated by reference. The total compensation for services provided under the Agreement, including any extension periods, shall not exceed $624,416. The sttm is comprised of (1) a base amount of $567,651 and (2) a contingency in the amount of $56,765 for the entirety of the term. Page 1 of 10