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<br />Exhibit 2 <br />AGREEMENT TO PROVIDE ENGINEERING CONSULTING SERVICES FOR <br />THE STANDARD AVENUE PROTECTED BIKE LANE PROJECT <br />THIS AGREEMENT is made and entered into this 2nd day of February, 2021 by and between <br />Mark Thomas & Company, Inc. (“Consultant”), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California (“City”). <br />RECITALS <br />A. <br />B. <br />C. <br />On August 27, 2020, the City issued Request for Proposal No. 20-113, by which it <br />sought a qualified consultant to provide engineering consulting services for the <br />Standard Avenue Protected Bike Lane and Protected Intersection project. <br />Consultant submitted a responsive proposal that was selected by the City. <br />Consultant represents that it is able and willing to provide the services described in <br />the scope of work that was included in RFP No. 20-113. <br />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 <br />be expected from a professional contracting 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 />Consultant shall perform the services described in the scope of work that was included in <br />RFP No. 20-113 and that is attached as Exhibit A, and as further delineated in Consultant’s <br />proposal, which is attached as Exhibit B and incorporated in full. <br />2.COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit C. The total sum <br />to be expended under the term of this Agreement, including any extension periods, <br />shall not exceed $820,702.30. The sum is comprised of (1) the base amount of <br />$746,093 and (2) a 10% contingency in the amount of $74,609.30 for additional <br />services at the City’s sole discretion. <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 procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals and Scope of Work, which may reasonably be <br />expected by City. <br />Page 1 of 8