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AGREEMENT TO PROVIDE ON-CALL RIGHT OF WAY <br />ACQUISITION AND RELOCATION SERVICES <br />THIS AGREEMENT is made and entered into this day of August, 2017 by and between <br />Overland Pacific & Cutler (OPC), Inc., a California corporation ("Consultant"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution <br />and laws of the State of California ("City"). <br />RECITALS <br />A. On June 13, 2017, the City issued Request for Proposal No. 17-065, by which it sought <br />consultants to provide on-call right of way acquisition and relocation services in connection <br />with various street improvement projects. <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 as described in the <br />scope of work that was included in RFP No. 17-065 for acquisition and relocation services <br />and attached as Exhibit A to this Agreement. <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 />terns 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 the City, Consultant shall perform the <br />acquisition and relocation services that are described in Scope of Services - Exhibit A, attached <br />hereto and incorporated by reference. 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 amount to be expended shall not exceed $300,000 during the term of the <br />Agreement, including any extension periods exercised under Section 3. <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 8 <br />EXHIBIT I <br />25L-5 <br />