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INSURA0 NOT ON FILE <br />WORK MAY NOT PROCEED A-2016-284 <br />CLERK OF COUNCIL <br />®ATE: //—"-""AGREEMENT TO PROVIDE RIGHT-OF-WAY PROPERTY <br />APPRAISAL SERVICES ON AN ON-CALL BASIS <br />THIS AGREEMENT is made and entered into this 4th day of October, 2016 by and between Lidgard and <br />Associates, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On August 3, 2016, the City issued Request for Proposal No. 16-091, by which it sought <br />consultants to furnish right-of-way property appraisal services on an on-call basis. <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 scope of <br />work that was included in RFP No. 16-091 and attached herein as Exhibit A. <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 Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional consulting 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 />SCOPE OF SERVICES <br />On an as -needed basis, and at the sole discretion of City, Consultant shall furnish the services <br />that are described in Exhibit A to this Agreement. Consultant's proposal is incorporated by reference as <br />though fully set forth herein. <br />2. COMPENSATION <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 Exhibit B. The <br />total sum to be expended under this Agreement, including any extension period, shall not <br />exceed $200,000. <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 that fails to meet the standards of performance set forth in the <br />Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date stated above and continue through October 3, 2019, <br />unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be <br />extended for a single (2) two-year period upon a writing executed by the City Manager and the City <br />Attorney. <br />