RBF CONSULTING (4) - 2003 - Laserfiche WebLink

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..~~°'.?ICE o~W fILE WORK MAY PROCEED • • A-2003-085 'UNTIL INauRANCE EXPIRES CLERK OF COUNCIL DATE It-~-p3 FIRST AMENDMENT TO AMENDED AND RESTATED CONSULTANT AGREEMENT ~~ 1pN//~ (r~i~~nS) THIS~FIItST AMENDMENT TO CONSULTANT AGREEMENT, is entered into on this 5 day of Mav, 2003, by and between RBF Consulting, a California Gt'!~ corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Amended and Restated Consultant Agreement No. A-2002- 046, dated April 1, 2002, (hereinafter "said Agreement") by which Consultant has provided engineering service in relation to the Edinger Avenue widening project. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services, increase the compensation to pay for the additional services and extend the term of said Agreement for an additional one year period. Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: 1. Section 2, SCOPE OF SERVICES, shall be amended to read as follows: "In addition to the services performed pursuant to said Agreement, Consultant shall perform those services set forth in Exhibit A to said Agreement. Consultant shall also perform those services set forth in Exhibit A-1, attached hereto, which exhibit includes the email from Dennis Jue, dated March 18, 2003 and the letter from RBF Consulting, dated October 29, 2002, with attachments. " 2. Section 3, COMPENSATION, shall be amended to read as follows: "City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A to said Agreement and Exhibit A-1, hereto. The total sum to be expended for services set forth in Exhibit A-1 shall not exceed $80,000.00. The total sum to be expended for services performed pursuant said Agreement and this Amendment shall not exceed $634,364.00 during the term of this Agreement." 2. Section 4, TERM, shall be amended to read as follows: "This Agreement shall commence on March 2, 1998 and terminate on June 30, 2004, unless terminated earlier in accordance with Section 13, below. The term of this