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EXHIBIT 4 <br />CONSULTANT AGREEMENT WITH BERG & ASSOCIATES, INC. TO PROVIDE <br />CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE SANTA <br />ANA ZOO EDUCATION HUB PROJECT <br />THIS AGREEMENT is made and entered into on this Wh day of September, 2025 by and between <br />Berg & Associates, Inc., ("Consultant"), 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 June 5, 2025, the City issued Request for Proposal ("RFP") No. 25-077, by which it <br />sought qualified consultants to provide construction management and inspection services <br />for the Santa Ana Zoo Education Hub Project. <br />B. Consultant submitted a responsive proposal that was selected by the City. Consultant <br />represents that it is able and willing to provide the services described in the scope of work <br />which was included in RFP 25-077. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant 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 />Consultant shall perform during the term 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 the Scope of Services which was <br />included with RFP 25-077, attached hereto as Exhibit A and incorporated by reference, as well as <br />Consultant's Proposal Response, which is attached as Exhibit B and incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the rates and charges identified in Compensation - Exhibit C. The total amount <br />to be expended during the term of this Agreement shall not exceed $374,315, including <br />any extension periods. <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 <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />Page 1 of 11 <br />