NATIONAL DATA & SURVEYING SERVICES 2 - 2011

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N- 2011 -119 INSURANCE ON FILE WORK MAY PROCEED Project: UNTIL INSURANCE EXPIRES Account No.: c% — / % — /.2 Project Manager: Zdenek Kekula CLERK OF COUNCIL $: not to exceed $25.000.00 �� OCT 5 2011 O ; �w/4 �� AGREEMENT FOR PROVISION OF �2d TRAFFIC COUNTING SERVICES KeK`►1 C�, THIS AGREEMENT made and entered into this 1�` day of September, 2011 by and between National Data and Surveying Services, Inc., a California corporation (hereinafter "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 (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of traffic counting and data collection services. B. Consultant represents that it is able and willing to provide such services to the City. 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: SCOPE OF SERVICES Consultant shall perform traffic counting services on an on -call basis, including traffic counts for neighborhood surveys, bi- annual city -wide Average Daily Traffic study, city -wide Turning Movement study, and counts for signal priority list studies, in addition to pedestrian counts, speed surveys, and vehicle classifications. Said services will be provided as set forth in Consultant's Proposal — Annual Traffic County Services, attached hereto as Exhibit A and incorporated by this reference. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $25,000.00, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 forth in the Recitals which may reasonably be expected by City.