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INSURAI'lal NOT ON FILE , "' `,K MAY NOT PROCEED OF COUNC11. UIA M. -V/& -V o4— PROGRAM MANAGEMENT AGREEMENT FOR CONSTRUCTION OF THE CITY HALL PARKING STRUCTURE THIS PROGRAM MANAGEMENT AGREEMENT ("Agreement") is entered into this Zs:'day ,V of Lwg"is� 2002, by and between GORDON & WILLIAMS, INC. a California corporation (hereinafter referred to as "Program Manager") and THE CITY OF SANTA ANA, a charter the City and municipal corporation duly organized and existing under the constitution and laws of the State of California (hereinafter referred to as the "City"). RECITALS A. The City issued a Request for Qualifications to select a program manager assist in the design and construction of a new parking structure (the "Project") adjacent to Santa Ana City Hall (the "RFQ"). A copy of the RFQ is attached hereto as Exhibit A. B. Program Manager submitted what was determined to be the best statement of qualifications (the "Statement of Qualifications"). Program Manager also submitted a fee proposal. A copy of the Fee Proposal is attached hereto as Exhibit B and a copy of the Statement of Qualifications is attached hereto as Exhibit C. C. City and Program Manager wish to enter into this Agreement to carry out development of the Project. ARTICLE I PHASE 1--DESIGN DEVELOPMENT/PROJECT TEAM 1.1 The scope of services under this Article shall be the development of a preliminary design, project budget, and scheduling required to accomplish the preparation and submission of the Program Manager's Design Development Proposal and Project Budget, based on the Conceptual Site Plan attached as exhibit A to the RFQ (the "Design Proposal"). Design services shall include the soils investigation (including hazardous materials), civil, architectural, structural, mechanical, and electrical design. Site survey to be provided by others. Design includes investigation of structure placement and pedestrian access options, as well as alternate foundation and structural framing systems. All services required by this Article shall be performed by the Project Team as identified in the Statement of Qualifications. The contractual obligations of the Project Team are undertaken and performed in the interest of the Program Manager. The make up of the Project Team was central to Program Manager being selected. Therefore, Program Manager shall not substitute any member of the Project Team without the written consent of the Designated City Representative in his/her sole and absolute discretion. 1.2 The Program Manager shall be responsible to the City for acts and omissions of the Project Team or other subconsultants performing any portion of the Program Manager's obligations under this Agreement. 1.3 Nothing contained in this Article shall create a contractual relationship between the City and any person or entity other than the Program Manager. �41:(DEIVED C'1013DON & WiLlIAMS