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INSURA~~;E NOT ON FILE <br />Y~~~'K MAY NOT PROCEED A-2002-144A <br />CLERK OF COUNCIL <br />DATE; ~J'--/~ ~ 2-- PROGRAM MANAGEMENT AGREEMENT FOR <br />CONSTRUCTION OF THE CITY HALL PARHING STRUCTURE <br />TH~~GRAM MANAGEMENT AGREEMENT ("Agreement") is entered into this [~~day <br />of 2002, by and between GORDON & WILLIAMS, INC. a California corporation <br />(hereinafter referred to as "Program Manager") and THE CITY OF SANTA ANA, a charter the <br />City and municipal corporation duly organized and existing under the constitution and laws of the <br />State of California (hereinafter referred to as the "City"). <br />RECITALS <br />A. The City issued a Request for Qualifications to select a program manager assist in the <br />design and construction of a new pazking structure (the "Project") adjacent to Santa Ana City Hall <br />(the "RFQ"). A copy of the RFQ is attached hereto as Exhibit A. <br />B. Program Manager submitted what was determined to be the best statement of qualifications <br />(the "Statement of Qualifications"). Program Manager also submitted a fee proposal. A copy of the <br />Fee Proposal is attached hereto as Exhibit B and a copy of the Statement of Qualifications is <br />attached hereto as Exhibit C. <br />C. City and Program Manager wish to enter into this Agreement to cant' out development of <br />the Project. <br />ARTICLE 1 <br />PHASE 1--DESIGN DEVELOPMENT/PROJECT TEAM <br />1.1 The scope of services under this Article shall be the development of a preliminary design, <br />project budget, and scheduling required to accomplish the prepazation and submission of the <br />Program Manager's Design Development Proposal and Project Budget, based on the Conceptual <br />Site Plan attached as exhibit A to the RFQ (the "Design Proposal"). Design services shall include <br />the soils investigation (including hazazdous materials), civil, architectural, structural, mechanical, <br />and electrical design. Site survey to be provided by others. Design includes investigation of <br />structure placement and pedestrian access options, as well as alternate foundation and structural <br />framing systems. All services required by this Article shall be performed by the Project Team as <br />identified in the Statement of Qualifications. The contractual obligations of the Project Team are <br />undertaken and performed in the interest of the Program Manager. The make up of the Project <br />Team was central to Program Manager being selected. Therefore, Program Manager shall not <br />substitute any member of the Project Team without the written consent of the Designated City <br />Representative in his/her sole and absolute discretion. <br />1.2 The Program Manager shall be responsible to the City for acts and omissions of the Project <br />Team or other subconsultants performing any portion of the Program Manager's obligations under <br />this Agreement. <br />1.3 Nothing contained in this Article shall create a contractual relationship between the City <br />and any person or entity other than the Program Manager. <br />RECE(VEI~ <br />AI IG 2 8 2002 t <br />GORDON & WILLIAMS <br />