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EXHIBIT 4 <br />AGREEMENT TO PROVIDE CONSTRUCTION ENGINEERING SERVICES <br />FOR THE SAN LORENZO SEWAGE LIFT STATION PROJECT <br />THIS AGREEMENT is made and entered into this 1 st day of October, 2019 by and between Butier <br />Engineering, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />("City"). <br />RECITALS <br />A. On .Tune 14, 2018, the City issued Request for Proposal No. 18-049, by which it <br />sought a contractor to provide construction engineering services for the San <br />Lorenzo Sewage Lift Station Project. <br />B. Contractor submitted a responsive proposal that was selected by the City. <br />Contractor represents that it is able and willing to provide the services described in <br />the scope of work that was included in REP No, 18-049. <br />C. 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 <br />be expected from a professional contracting 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 the services that were described in the scope of work that was <br />included in REP No. 18-049 and that is attached as Exhibit A, and as further delineated in <br />Contractor's proposal, which is attached as Exhibit B and incorporated in Rill. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit C. The total sum <br />to be expended under the terra of this Agreement, including any extension periods, <br />shall not exceed $550,000. This sum is comprised of (1) base amount of $479,572 <br />and (2) an approximate 15% contingency of $70,428 for additional services at the <br />City's sole discretion. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals and Scope of Work, which may reasonably be <br />expected by City. <br />Page t of. 8 <br />20A-27 <br />