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1NSU",n,r ;Jr: NO ON' FILE WOR/ 0)10 NCT PROCEED CLERK OF COUNCIL A-2021-084 DATE: AGREEMENT TO PROVIDE ENGINEERING SERVICES FOR THE MCFADDEN AVENUE PROTECTED BIKE LANE AND BICYCLE BOULEVARD PROJECT FROM HARBOR TO GRAND THIS AGREEMENT is made and entered into on this 1st day of June, 2021 by and between Dokken Engineering ("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"). 0: P41()GLr;«Leove (%A' 1 RECITALS A. On January 27, 2021 the City issued Request for Proposal No. 20-164, by which it sought a Consultant to provide a complete Plans, Specifications, and Cost Estimate (PS&E) package for the McFadden Avenue Protected Bike Lane and Bicycle Boulevard Project from Harbor Blvd to Grand Avenue. B. Consultant submitted a responsive proposal that was 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 No. 20-164. 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 the services described in the scope of work that was included in RFP No. 20-164, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed $800,000 during the term of this Agreement, including any extension periods. The sum is comprised of (1) the base amount of $714,857.66 and (2) an approximate 12% contingency in the amount of $85,142.34 for additional services at the City's sole discretion. b. Payment by City shall be made within 45 days (forty-five) 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. Page 1 of 8