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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: <br />A-2023-051 <br />N P'IRS 'IAMENDMENT'I'O AGREEMENT WITH BERG & ASSOCIATES. INC.. <br />TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR <br />M SR-55 / RITCHEY IMPROVEMENT PROJECTS <br />0 <br />�- THIS FIRST AMENDMENT to the above -referenced agreement is entered into on April 4, <br />c¢ 2023, by and between Berg & Associates, Inc. ("Consultant"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California ("City"). <br />fj •�%w�(�la�j� ie� ri.rn) RECITALS <br />A. Following City's issuance of Request for Proposal No. 21-066, the parties entered into <br />Agreement No. A-2021-212, dated November 2, 2021, by which Consultant agreed to <br />provide Construction Management and Inspection Services for the SR-55 / Ritchey <br />Improvement Projects (Ritchey St Water Main Relocation Project No. 19- 6438, SA-7 <br />Pressure Reducing Station Relocation Project No. 19- 6439 and SR-55 Water Crossing <br />Relocation Project No. 19- 6440) for the City's Public Works Agency ("Agreement"). <br />B. The Agreement is current and in effect through November 1, 2024. <br />C. The parties now wish to amend the Agreement to increase the not to exceed amount <br />under the Agreement due to unanticipated challenges during the construction phase of the <br />project. <br />The Parties therefore agree: <br />1. Section 2.a., Compensation, is amended to increase the not to exceed amount by <br />$900,000. This sum is comprised of (1) a $780,000 increase to the base amount and (2) an <br />approximate 15% contingency increase in the amount of $120,000 for additional services at <br />the City's sole discretion. The total not to exceed amount for the remainder of the term of the <br />Agreement shall be $1,900,000. <br />2. Except as modified by this First Amendment, and all prior amendments, all terms and <br />conditions of the Agreement shall remain in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the <br />Agreement on the date and year first written above. <br />all r <br />City Clerk <br />Kristine Ridge <br />City Manager <br />[signatures continued on nextpage/ <br />