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Item 18 - Amend Agreement for Design Services for the Standard: McFadden Park Project
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Item 18 - Amend Agreement for Design Services for the Standard: McFadden Park Project
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8/10/2023 1:48:36 PM
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Agenda Packet
Agency
Clerk of the Council
Item #
18
Date
5/2/2023
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FIRST AMENDMENT TO AGREEMENT WITH DAVID EVANS AND ASSOCIATES, <br />INC., TO PROVIDE DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE <br />STANDARD-MCFADDEN PARK PROJECT <br />THIS FIRST AMENDMENT to the above-referenced agreement is entered into on May 2, 2023, <br />by and between David Evans and Associates, Inc. (“Consultant”), and the City of Santa Ana, a <br />charter cit y and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (“City”). <br />RECITALS <br />WHEREAS, following Cit y’s issuance of Request for Proposal No. 21-055, the parties entered <br />into Agreement No. A-2021-163, dated August 17, 2021, by which Consultant agreed to provide <br />Design and Construction Support Services for the Standard-McFadden Park Project (Project No. 20- <br />2729) for the Cit y’s Public Works Agenc y (“Agreement”). <br />WHEREAS, the Agreement is current and in effect through August 16, 2024. <br />WHEREAS, the parties now wish to amend the Agreement to increase the total not to exceed <br />amount under the Agreement due to additional professional services necessary to increase the safety <br />and aesthetic value of the project to the surrounding community, as identified in Consultant’s request <br />to increase total contract amount, attached hereto and incorporated herein as Exhibit A-1. <br />The Parties therefore agree: <br />1.Section 2.a., Compensation, is amended to increase the not to exceed amount by $50,000.00 <br />for a total not to exceed amount of $350,000.00 for the remainder of the term of the Agreement. <br />This additional $50,000.00 sum is comprised of (1) a base amount of $43,505.00 and (2) a fifteen <br />percent (15%) contingency of $6,495.00 for additional services at the City’s sole discretion. <br />2.Except as modified by this First Amendment, all terms and conditions of the Agreement shall <br />remain in full force and effect. <br />IN W ITNESS WHEREOF, the parties hereto have executed this First Amendment to the <br />Agreement on the date and year first written above. <br />Jennifer L. Hall Kristine Ridge <br />Clerk of the Council City Manager <br />APPROVED AS TO FORM CONSULTANT <br />SONIA R. CARVALHO, City Attorney <br />By:____________________________ _______________________________ <br />Jonathan T. Martinez Kim Rhodes <br />Assistant City Attorney Vice President <br />RECOMMENDED FOR APPROVAL <br />______________________________ <br />Nabil Saba <br />Executive Director <br />Public Works Agency <br />EXHIBIT 2
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