GORDON & WILLIAMS, INC. 1B (2) - 2007

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INSURANCE ON FilE WORK MAY PROCEED UNTil INSURANCE EXPIRES <(.-,2? -07 ClERK OF COUNCIL DATE: r:,-J22-0'l ;"\ THIRD AMENDMENT TO 0'. PW A (2)G[. <;chfie\) PROGRAM MANAGEMENT AGREEMENT FOR CONSTRUCTION OF CITY HALL PARKING STRUCTURE A-2007-056 THIS THIRD AMENDMENT TO AGREEMENT is entered into on March 5, 2007, 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 Cali fomi a ("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. The scope and cost of said Project expanded and the parties amended said Agreement to increase the scope of the work, extend the timeline to complete services and increase the budget to $6,000,000.00, for said Project. C. The parties have again increased the scope of the Project to provide additional site improvements to the parking lot and parking structure. 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 Third Amendment to Agreement, the parties agree as follows: I. The parties agree to increase the total Project budget to a total not to exceed amount of $8,772,631.61, as set forth in Exhibit I, attached hereto and incorporated by this reference. Said budget includes all work provided by Program Manager, contractors and all subcontractors, including Howard S. Wright, for all portions of the project, including Parking Controls (Exhibit 4); and AOC Pad, Site Improvements and Site Fire Line (Exhibit 3); as set forth in section 3, below. Said increased budget includes total project management fees of $337,612 which includes the entire additional project management fee, calculated pursuant to section 15.], for approved change orders, and a fee equal to two percent (2%) for the contract administration of the Howard S. Wright contract. Program Manager agrees that it is not entitled to, and waives any claim for the four percent fee for the work performed by Howard S. Wright, as set forth in Section 4, below. 2. The Project shall be expanded to provide for site improvements including 1) the Aoe pad; 2) fire line; 3) parking controls and louvers; 4) a redesigned entry into 4-