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CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of January, 2008 by and between United Inspection & Testing, Inc. a California corporation (hereinafter "Consultant"), 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 (hereinafter "City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of material testing and construction inspection services. B. The City prepared and distributed a Request for Proposals (RFP} attached hereto as Exhibit A, to solicit proposals from qualified consulting firms for the required professional services. C. In response to the RFP, on November 27, 2007, Consultant submitted the proposal attached hereto as Exhibit B to provide said services. D. Consultant represents that Consultant is able and willing to provide the services contained in Exhibit B to the City. E. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant 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 Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the charges identified in Exhibit C. The total sum to be expended under this Agreement, shall not exceed Four Hundred Thirty-Six Thousand Three Hundred Thirty Eight Dollars ($436,338.40) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of 25K-3