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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURA CE EXPIRES <br />le of I <br />CLERK OF COUNCIL <br />DATE: AGREEMENT TO PROVIDE TRAFFIC COUNTING <br />SERVICES ON AN ON -CALL BASIS <br />AUG 1 G 2021 <br />A-2021-136-01 <br />EXHIBIT 2 <br />THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between <br />Transportation Studies, hic. a California corporation ("Consultant"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California ("City"). <br />(PUA) C°x 1 Z RECITALS <br />A. On April 19, 2021, the City issued Request for Proposal No. 21-050 ("RFP"), by <br />which it sought consultants to provide traffic counting services on an on -call <br />basis. <br />B. Consultant submitted a responsive proposal that was among those selected by the <br />City. Consultant represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP No. 21-050 and attached <br />as Exhibit A. <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 <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be 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 City, Consultant shall perform the <br />services that are described in Exhibit A. 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 <br />services performed under this Agreement at the rates and charges identified in <br />Exhibit B. The total sum to be expended under this Agreement, including any <br />extension periods, shall not exceed $100,000. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting <br />procedures. Payment need not be made for work which fails to meet the <br />standards of performance set forth in the Recitals and Scope of Work, which may <br />reasonably be expected by City. <br />Page 1 of 10 <br />