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INSURANCE NOT ON FILE A-2017-227 WORK MAY Nff PROCEED CLERK OF COUNCIL DATEAUG 2 i, 2027 AGREEMENT TO PROVIDE ON-CALL RIGHT OF WAY t2 VV N (J) ACQUISITION AND RELOCATION SERVICES THIS AGREEMENT is made and entered into this day of August, 2017 by and between Paragon Partner LTD., 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"). RECITALS A. On June 13, 2017, the City issued Request for Proposal No. 17-065, by which it sought consultants to provide on-call right of way acquisition and relocation services in connection with various street improvement projects. 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 as described in the scope of work that was included in RFP No. 17-065 for acquisition and relocation services and attached as Exhibit A to this Agreement. 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 firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns 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 the City, Consultant shall perform the acquisition and relocation services that are described in Scope of Services - Exhibit A, attached hereto and incorporated by refe,=Qc. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION 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 Exhibit B. The total amount to be expended shall not exceed $300,000 during the tern of tine Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work perforned, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of & EXHIBIT 2