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INSURANCE NOT ON FILE <br />WORK MAY NE PROCEED <br />CLERK OF COUNCIL <br />DATE. P 2fl <br />A-2017.228 <br />$L 1 M3REEMENT TO PROVIDE ON-CALL RIGHT OF WAY <br />is r <br />WA C"4) PROPERTY MANAGEMENT SERVICES <br />THIS AGREEMENT is made and entered into this 15 4"1'1 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 property management 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 property management services and <br />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 />terms and conditions hereinafter set forth, the parties agree as follows; <br />1. SCOPE OF SERVICES <br />On an as -needed basis, and at the sole discretion of the City, Consultant shall perform the <br />property management services that are described in Scope of Services - Exhibit A, attached hereto <br />and incorporated by reference. Consultant's proposal is incorporated by reference as though fully <br />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 accornuing procedures, Payment <br />need not be made for work which faits 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 3 <br />