Item 07 - Amend Agreement for Memorial Park and Aquatics Facility Renovation

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EXHIBIT 1 FIRST AMENDMENT TO AGREEMENT WITH ELS ARCHITECTURE AND URBAN DESIGN TO PROVIDE LANDSCAPE ARCHITECTURAL SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on December 5, 2023, by and between ELS Architecture and Urban Design ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). (Consultant and City are also referred to as the "Parties.") RECITALS A. The Parties entered into Agreement No. A-2023-150 ("Agreement") dated August 15, 2023 to provide master planning, preparation of contract documents, and construction support for the new Memorial Park and Aquatics Facility Renovation. The Agreement term runs until August 14, 2026 and is current and in effect. B. The parties now wish to amend the Agreement to revise the scope of services to include a "two -pool concept aquatic center" and increase the overall compensation in consideration of the increased scope under the Agreement. No other changes are contemplated by this First Amendment. The Parties therefore agree: 1. Section 1, Scope of Services, is amended as follows: a. Exhibit A-1 to this First Amendment shall replace the schematic drawing, marked as Exhibit 1, on the last page of Exhibit A. b. Exhibit B-1 to this First Amendment, identified as the October 23, 2023 proposal for a request for additional services, shall be included as part of the Consultant's proposal in Exhibit B. 2. Section 2.a., Compensation, is hereby amended to increase the total compensation by one million, seventy-nine thousand dollars and no cents ($1,079,000.00). The total compensation amount for this Agreement shall not exceed two million, eight hundred and fifty-eight thousand, one hundred and seventy dollars and no cents ($2,858,170.00). Rates and charges shall be amended to include Exhibit C-1 to this First Amendment. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. [signature page to follow]