25M - AGMT - RIGHT OF WAY - Laserfiche WebLink

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AGREEMENT TO PROVIDE, ON -CALL RIGHT OF WAY COORDINATING SERVICES THIS AGREEMENT is made and entered into this l8a day of April, 2017 by and between HDR Engineering, Inc. ( "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 "). RECITALS A. On December 1, 2016, the City issued Request for Proposal No. 16 -141, by which it sought a consultant to provide on -call right-of-way coordinating services for the City of Santa Ana Public Works Agency. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16 -141 and attached as Exhibit A. 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 consulting fine 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 as- needed basis, and at the sole discretion of City, Consultant shall perform during the term of this Agreement the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein, 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximuin 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 Exhibit B. The total sum to be expended during the term of this Agreement, including any extension period, shall not exceed $500,000. b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set firth in the Recitals and Scope of Work, which may reasonably be expected by City. � llof 30 This Agreement shall commence on the date first written above and terminate on April 17, 2020, unless terminated earlier in accordance with Section 15, below. The tern of this Agreement may be extended for one 2 -year period by a writing executed by the City Manager and the City Attorney. EXHIBIT 1 25M -3