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CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into this 18th day of April, 2017 by and between NV5 Global, <br />Inc., and the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ( "City"). <br />RECITALS <br />A. On June 23, 2016, the City issued Request for Proposal No. 16 -080, by which it sought a firm to <br />provide construction engineering services for the Santa Ana -Delhi Charnel Diversion project <br />( "Project "). <br />B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents <br />that it is able and willing to provide the services described in the scope of work that was included <br />in RFP No. 16 -080 and attached as Exhibit A. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable <br />in its field and that any services performed by Consultant under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional consulting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform those services described in Exhibit A to this Agreement. Consultant's <br />proposal is incorporated by reference as though hilly set forth herein. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services the <br />rates and charges identified in Exhibit B. The total sum to be expended under the term of <br />this Agreement shall not exceed $683,448, including any renewal period. <br />b. Payment by City shall be made within forty -five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need <br />not be made for work that fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date stated above and continue through April 17, 2019. <br />The term of this Agreement may be extended for up to a 1 -year period upon a writing executed by the <br />City Manager and the City Attorney. <br />Exhibit 2 <br />25N -7 <br />