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INSURANCE Nam:;,_ ON FILE WORK MAY NOT PROCEED A-2021-120-07 CLERK OF COUNCIL JUL 1 3 2021 DATE: FIRST AMENDMEENT TO ON -CALL GENERAL ENGINEERING SERVICES p �w R (M avi a leo� tAG E EI.T. ENT WITH MARK THOMAS & COMPANY, INC. THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15"' day of June 2021, by and between Mark Thomas & Company, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 19, 2018, the City entered into Agreement No. A-2018-159-07 ("Agreement") with Mark Thomas & Company, Inc. to provide on -call general engineering services, and related matters, for a three year term until June 18, 2021, with the option for the parties to extend the term of the agreement for one (1) two (2) year extension. The Agreement is current and in effect. B. The Consultant was one of nine (9) consultants selected to provide services for general engineering projects on as -needed basis. The nine (9) selected consultants were subject to the combined not -to -exceed amount for compensation detailed in Section 2.a. of the Agreement. C. The parties now wish to exercise the option to extend the Agreement for a term of two (2) years, as provided under the terms of the Agreement, and to increase the maximum shared aggregate expenditure under the Agreement to pay for services provided during the extension to the term of the Agreement by $3,000,000 for a total, not to exceed, $5,000,000. THE PARTIES THEREFORE AGREE: 1. Section 2, COMPENSATION, shall be amended as follows: City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement as the rates and charges identified in Exhibit B. Consultant is one of nine (9) consultants selected to provide services for general engineering projects on an as -needed basis under RFP No. 17-083. The total compensation for these services provided by all such consultants selected under RFP 17- 083 shall not exceed $ 5,000,000 during the term of the Agreement. 2. Section 3, TERM. The parties agree to extend the term of the Agreement for an additional two (2) year period from June 19, 2021 through June 18, 2023. No other changes are contemplated to this section. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. Page I of 2