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