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• <br /> INSURANCE ON FILE <br /> A-2024-079 <br /> WORK MAY PROCEED <br /> CINTIL INSU ANCE EXPIRES <br /> e �l1zbz.4 <br /> ATEt JU <br /> lL 2 5 2024 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA <br /> 0..Rwft(-1-) AND SWINTERTON MANAGEMENT & CONSULTING FOR CONSTRUCTION <br /> Cele,a a, VAP\'')//v MANAGEMENT AND INSPECTION SERVICES FOR THE NEW AQUATIC <br /> FACILITY AT MEMORIAL PARK PROJECT <br /> THIS AGREEMENT is made and entered into on this 4th day of June, 2024 by and between <br /> Swinerton Management & Consulting ("Consultant"), and the City of Santa Ana, a charter city <br /> and municipal corporation organized and existing under the Constitution and laws of the State of <br /> California("City"). <br /> RECITALS <br /> A. The City desires to retain a Consultant having special skill and knowledge in the field of <br /> construction management and inspection services for the new aquatic facility at <br /> Memorial Park Project. <br /> B. Consultant represents that Consultant is able and willing to provide such services to the <br /> City. <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 this <br /> Agreement will be performed in compliance with such standards as may reasonably be <br /> 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 /> Contractor shall perform the services described in the scope of work that was included in <br /> RFP No. 24-041A that is attached as Exhibit A, and as further delineated in Contractor'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 p yment for its services <br /> for City, the rates and charges identified in Exhibit B. The total amount to be <br /> expended during the term of this Agreement shall be comprised of $1,001,477.00, <br /> with a 20%contingency of$200,295.40, for a total not to exceed of$1,201,772.40. <br /> b. Payment by City shall be made within forty-five (45)days following receipt of proper <br /> invoice evidencing work performed, subject to City accounting procedures. City and <br /> Consultant agree that all payments due and owing under this Agreement shall be <br /> made through Automated Clearing House (ACH) transfers. Consultant agrees to <br /> execute the City's standard ACH Vendor Payment Authorization and provide <br /> required documentation. Upon verification of the data provided, the City will be <br /> authorized to deposit payments directly into Consultant's account(s) with financial <br /> 1 <br />