Item 25 - Construction Engineering Services for San Lorenzo Lift Station

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EXHIBIT 4 AGREEMENT TO PROVIDE CONSTRUCTION ENGINEERING SERVICES FOR THE SAN LORENZO SEWAGE LIFT STATION PROJECT THIS AGREEMENT is made and entered into on this 16 th day of May, 2023 by and between Butier Engineering, Inc. ("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. On June 14, 2018, the City issued a Request for Proposal No. 18-049 ("RFP"), by which it sought a contractor to provide construction engineering services for the San Lorenzo Sewage Lift State Project. On October 1, 2019, the City entered into Agreement #A-2019- 17 1, as amended, with the Contractor to provide said services. The term of the Agreement ran until September 30, 2022 and was not extended per the terms of Agreement #A-2019- 171. B. Due to the expiration of services, City staff determined that a new agreement was required. In accordance with the City's Purchasing Rules and Guidelines, City staff received approval from the City's Purchasing Manager to proceed with a new Agreement under the 2018 RFP process above which allowed for the prior engagement with the Contractor. C. The City desires to continue services provided under the prior Agreement and Contractor represents that it is able and willing to provide such services to the City. 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 the services that were described in the Scope of Work which was included in the RFP and is attached here to as Exhibit A, and as further delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 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 C. The total amount to be expended during the term of this Agreement, including any extension periods, shall not exceed $500,000.