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INSURANCE ON FILE WORK MAY PROCEED A-2025-063 UNTIL INSU hIVCE FKPIRis CITY CLERKI - IAJbL 0 3 202bN-CALL AGREEMENT WITH NATIONAL DATA & SURVEYING SERVICES TO PROVIDE TRAFFIC COUNTING SERVICES THIS AGREEMENT is made and entered into on this 6th day of May, 2025 by and between National Data & Surveying Services, 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 January 21, 2025, City issued Request for Proposal ("RFP") No. 2.5-012, by which it sought qualified consultants to provide on-call traffic counting services for the City's Public Works Agency. 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 described in the scope of work that was included in RFP 25-012. 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 terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and at the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials,tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the scope of work that was included in RFP No. 25-012, which is attached hereto as Exhibit A and incorporated by reference. 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. Consultant is one of two (2)consultants selected to provide services on an on-call basis under RFP 25-012. The total compensation for these services provided by all such consultants selected under RFP 25-012 shall not exceed the shared aggregate amount of Five Hundred Thousand Dollars ($500,000) during the term of the Agreement, including any extension periods. 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. City and