GILBANE BUILDING COMPANY 2-2011 - Laserfiche WebLink

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IitioURANCE ON FILE - , N-2011-060 rirORK MAY PROCEED UNTIL INSURANCE EXPIRES.' to - ? G // _ CLERK OF COUNCIL AGREEMENT INCORPORATING DATE: MA? ? ?.? 201, BLOCK GRANT REQUIREMENTS BETWEEN ?. C L? r? THE CITY OF SANTA ANA AND ?QreY\ ?=tGr'a? C GILBANE BUILDING COMPANY REGARDING VALUE ENGINEERING OF COMMUNITY CENTER This Agreement Incorporating Block Grant Requirements Between the City of Santa Ana and Gilbane Building Company Regarding Value Engineering of Community Center ("Agreement") is made this 1't day of Ac??l 2011, by and between the City of Santa Ana, a charter city and municipal corporation ("City"), and Gilbane Building Company ("Contractor"), (collectively, "Parties"; individual]y "Party"). RECITALS A. The Santa Ana Unified School District ("SAUSD") is designing and constructing multiple improvements at its Gazfield Elementary School site ("Project"). The Project includes atwo-story building that is intended to be used as amultiple-purpose building and community center ("MPR/CC"). B. SAUSD issued a Request for Proposals ("RFP") for a competitive bidding process to hire a contractor to perform certain services including preparation of a construction cost estimate and preparation of a value engineering proposal for the construction of the MPR/CC ("Engineering Services"). Contractor was chosen through this competitive process after submitting its Proposal and being interviewed and evaluated as the most experienced candidate for the job, through a fair, competitive selection process consistent with Government Code section 4529.12 and consistent with the federal rules of procurement. C. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the Contractor for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG Reg's"), to pay for the initial Engineering Services pertaining to the MPR/CC. D. The Parties intend to later negotiate an agreement to fund the remaining construction of the MPR/CC that will be approved separately from this Agreement ("Construction Agreement"). 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 Work/Term. A. The Contractor shall provide the project management and engineering services as outlined in the attached Scope of Services dated March 10, 2011, attached hereto and incorporated herein as Exhibit A. B. The services shall be provided by Contractor as of the date first stated above, and complete on or before ,20 2. Compensation . A. The City shall pay for the initial cost to manage and value engineer the MPR/CC for a not to exceed figure of Twenty-Five Thousand Dollars ($25,000). The City shall make payment within thirty (30) days following receipt of a proper invoice evidencing the work performed. B. The Contractor has agreed to sepazately invoice for its work efforts for the MPR/CC so that the Parties can determine the cost of those efforts as part of the value engineering of the Project. 3. Independent Contractor. Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be