GORDON & WILLIAMS, INC. 1A - 2005

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.. A-2005-162 INSUfii\NCEfJUI 0"1 "iLE WOW; MAY 1WJ PROCEED CLERK OF COUNCIL DATE: SEP 1 9 2005 0: Az/~ {S (~"k) FIRST AMENDMENT TO PROGRAM MANAGEMENT AGREEMENT FOR CONSTRUCTION OF CITY HALL PARKING STRUCTURE THIS FIRST AMENDMENT TO AGREEMENT is entered into on June 20, 2005, by and between GORDON & WILLIAMS, INC, a California corporation ("Program Manager") and THE CITY OF SANTA ANA, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Program Management Agreement A-2002-144A, dated July 15, 2002, (hereinafter "said Agreement") by which Program Manager agreed to provide program management for the design and construction of the new parking structure adjacent to Santa Ana City Hall (hereinafter "said "Project"). B. On February 7,2005 the Santa Ana City Council authorized an increase in the proposed budget to $5,100,000.00 to pay for an enlarged scope of work and cost of said Project. C The scope and cost of said Project has expanded again. The parties wish to amend said Agreement to enhance the scope of the work, extend the timeline to complete services and increase the budget to $6,000,000.00, for said Project. 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 Agreement, the parties agree as follows: I. Article 1.6 shall be deleted in its entirety and replaced with the following: "The Program Manager shall submit to the City the Design Proposal, including the completed Preliminary Design Documents, a statement of the proposed Project Budget, and a proposed schedule for completion of the Project. Preliminary Design Documents shall consist of preliminary design drawings, outline specifications or other documents sufficient to establish the size, quality and character of the entire Project, its architectural, structural, mechanical and electrical systems, and the materials and such other elements of the Project as may be appropriate (the "Project Documents"). The Project Budget will be tied to the construction documents for definition of scope. If the proposed Project Budget exceeds the $5,842,560 budget, including the appropriate contingencies, the project will be re-designed. The Program Manager will use its best effort to maximize the number of spaces on site."