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EXHIBIT 3 <br />CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND SWINTERTON MANAGEMENT & CONSULTING FOR CONSTRUCTION <br />MANAGEMENT AND INSPECTION SERVICES FOR THE NEW AQUATIC <br />FACILITY AT MEMORIAL PARK PROJECT <br />THIS AGREEMENT is made and entered into on this 4ffi 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 payment 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 />