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INSURANCE ON FILE A-2024-131 W:1Rz MAY PROCEED UNTIL I3L;IWCE EXPIRES 1 I I /202—SCITY cLER', DATEhP `1 9 2024 D pvVAEl) OaSoy, E-tab(ie0 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND BERNARDS BROS,INC FOR CONSTRUICTION MANAGEMENT SERVICES FOR THE STATE BUILDING DEMOLITION THIS AGREEMENT is made and entered into this 20th day of August, 2024 by and between Bernards Bros, Inc, ("Consultant"), and the City of Santa Ana, a charter city and 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 luiowledge in the field of construction management services for the demolition of the State Building located at 28 Civic Center Plaza. 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_wi1L 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 including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Consultant's Proposal, attached hereto as Exhibit A,and incorporated herein by this 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 B,attached hereto and incorporated by reference. The compensation for this Agreement shall be comprised of$765,481 with a contingency amount of$84,518 for a total not to exceed amount of$850,000 during the term of this Agreement,including any extension periods exercised under Section 3. 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.