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25E - AGMT - CONSTRUCTION MGMT SRVS
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03/21/2011
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25E - AGMT - CONSTRUCTION MGMT SRVS
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Last modified
1/3/2012 3:49:41 PM
Creation date
3/17/2011 1:18:36 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25E
Date
3/21/2011
Destruction Year
2016
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completion of the work. Invoices shall be mailed to City's Project Manager at the <br />following address: <br />Michel Girgis <br />20 Civic Center Plaza (M-22) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />e. No payment will be made prior to approval of any work, nor for any work <br />performed prior to approval of this Agreement. <br />f. The parties mutually agree that this project will be partially funded through <br />Federal funds, and that said funding is contingent on approval of the Project by the <br />Federal Highway Administration (FHWA), and FHWA allocation of funds to the Project. <br />Consultant shall not commence services until it receives a written Notice to Proceed <br />(NTP) executed by the Executive Director of Public Works. Said NTP is contingent on <br />1) City's receipt of FHWA and California Department of Transportation (Caltrans) <br />approval of the Project and appropriation of FHWA funds for completion of the Project. <br />If the FHWA does not authorize funding for said Project, the City may terminate this <br />Agreement, as set forth in Section 15, below. <br />6. TERM <br />This Agreement shall commence on the date first written above and Consultant <br />shall commence work after Notification to Proceed by City's contract manager. The <br />Agreement shall terminate on City's Notice of Completion of the First Street Bridge, <br />unless terminated earlier in accordance with Section 15, below. <br />7. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended <br />nor shall it be construed to create an employer-employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Consultant performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Consultant shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br />8. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />25E-7
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