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INSURANCE ON FILE WORK MAY PROCEED N-2018-106 UNTIL INSURANCE EXPIRES $ RS -/$ C CLERK OF COUNCIL DATE: AGREEMENT WITH DUDEK INC. TO PROVIDE TEMPORARY m IAN 2 1 2018 REPAIRS SERVICES AT THORNTON LAKE �d v v THIS AGREEMENT is made and entered into this 30th day of April, 2018 by and between Dudek, MA Inc., a California corporation, ("Consultant"), and the City of Santa Ana, a charter city and o v> municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing consultation consisting of developing design detail drawings and specifications for a contractor to construct a temporary repair in the southerly portion of the lake edge at Thomton Park. B. Consultant represents that Consultant 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: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations regarding this consultation, including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 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 A. The total amount to be expended under the term of this agreement shall not exceed'$5,000 which includes $3,600 provided in the attached exhibit and a contingency amount of $1,400 for additional services provided at the sole discretion of the City 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