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INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE A-2021-222 AGREEMENT TO PROVIDE RIGHT OF WAY SPECIALTY SERVICES - ACQUISITION AND RELOCATION SERVICES ON AN ON -CALL BASIS THIS AGREEMENT is made and entered into this 16th day of November, 2021 by and between, Monument ROW, a California corporation ("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 ("City"). 11'.Ckvf1yv 111t;Ven)(F WA)C$yl'2 RECrTer..c A. On July 6, 2021, the City issued Request for Proposal ("RFP") No. 21-075, by which it �., sought a consultant to provide On -Call Acquisition and Relocation Services for the City's co Public Works Agency. © B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the Q scope of work that was included in RFP No. 21-075. C. 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 contracting 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 On an on -call basis, and at the City's sole discretion, Consultant shall perform the acquisition and relocation services described in the scope of work that was included in RFP No. 21-075 and is attached hereto and marked as Exhibit A and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Cost Proposal attached as Exhibit C. Consultant is the top-ranking consultant to provide acquisition and relocation services on an as -needed basis under RFP No. 21-075. The total compensation for these services provided under RFP No. 21-075 to perform them shall not exceed an aggregate amount of $149,500.00 during the term of the Agreement, including any extension periods. b. Consultant's Cost Proposal attached as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fee. These rates are Page 1