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INSURANCE ON FILE <br /> WORK MAY PROCEED A-2025-105 <br /> OqL 0i ;NCEEXPIRES <br /> CITY CLERK <br /> DATE! .1 UL �QS <br /> CONTRACTOR AGREEMENT WITH EJ WARD INC. TO PROVIDE FUELING <br /> STATION IMPROVEMENTS <br /> THIS AGREEMENT is made and entered into on this 1st day of July, 2025 by and <br /> between EJ Ward, Inc., a Nevada corporation ("Contractor"), and the City of Santa Ana, a charter <br /> city and municipal corporation organized and existing under the Constitution and laws of the State <br /> of California ("City") <br /> RECITALS <br /> A. Santa Ana Municipal Code (SAMC) Section 2-807(d) for Non-Bid Purchases allows <br /> contracts to be exempted from competitive bidding through an open market purchase when <br /> vendors have been awarded a similar type of purchase contract by another public agency <br /> after going through a competitive process. <br /> B. Sourcewell, a cooperative government purchasing agency, awarded a contract to E.J. Ward, <br /> Inc. for Aboveground Fuel and Fluid Storage with Related Hardware, Software and <br /> Services (Contract No. 081524-EJW). Contract was awarded as a result of open, <br /> competitive bidding, and meets the City's requirement. <br /> C. Contractor represents that it is able and willing to provide such services described in the <br /> Scope of Work and Cost Proposal, which is attached hereto as Exhibit A. <br /> D. In undertaking the performance of this Agreement, Contractor represents that it is <br /> knowledgeable in its field and that any services performed by Contractor under this <br /> Agreement will be performed in compliance with such standards as may reasonably be <br /> expected from a professional consulting firm in the field. <br /> NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br /> terms and conditions hereinafter set forth, the parties agree as follows: <br /> 1. SCOPE OF SERVICES <br /> Contractor shall perform during the tern of this Agreement, the tasks and obligations <br /> including all labor, materials, tools, equipment, and incidental customary work required to fully <br /> and adequately complete the services described and set forth in Exhibit A, attached hereto and <br /> incorporated herein. <br /> 2. COMPENSATION <br /> a City agrees to pay and Contractor agrees to accept as total payment for its services the <br /> rates and changes identified in Exhibit A, which is attached hereto and incorporated <br /> by reference. The total compensation for services provided under the Agreement, <br /> including any extension periods, shall not exceed $624,416. The sttm is comprised of <br /> (1) a base amount of$567,651 and (2) a contingency in the amount of$56,765 for the <br /> entirety of the term. <br /> Page 1 of 10 <br />