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0 <br />c� <br />CJ <br />A -2014 -132 <br />FIRST AMENDMENT TO COOPERATIVE AGREEMENT <br />BETWEEN THE CITY OF SANTA ANA AND THE CITY OF <br />COSTA MESA FOR THE PAVEMENT REHABILITATION <br />OF SUNFLOWER AVENUE FROM AVENUE OF THE ARTS <br />TO MAIN STREET <br />This First Amendment to Cooperative Agreement is made and entered into this <br />day of 2014, by and between the CITY OF COSTA MESA, a municipal <br />corporation ( "COSTA MESA "), and the CITY OF SANTA ANA, a municipal corporation <br />("SANTA ANA "). <br />RECITALS: <br />A. The parties entered into Cooperative Agreement A- 2014 -086 on April 1, <br />2014 ( "Agreement "), in the maximum amount of $35,000 to resurface the roadway <br />pavement on Sunflower Avenue from Avenue of the Arts to Main Street. <br />B. During construction and while coldmilling the top two (2) inches of asphalt <br />pavement, the contractor encountered poor base material that is not suitable for <br />overlay. To ensure the integrity of the new pavement, an additional two (2) inches of <br />sub -grade material needs to be removed. This process requires additional excavation, <br />asphalt, and pavement fabric, which is greater than the amount specified in the <br />Agreement. <br />C. In accordance with the terms and conditions of said Agreement, the <br />parties wish to amend the project construction cost and increase the amount of the <br />Agreement in an amount not -to- exceed $16,000, for a total not -to- exceed amount of <br />$51,000, to allow the contractor to continue paving the specified portion of Sunflower <br />Avenue. <br />NOW, THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions of said Agreement, except as herein modified, the <br />parties agree as follows: <br />1. Section (13)(3) of the Agreement shall be amended to increase total <br />construction costs for SANTA ANA in an amount not -to- exceed $16,000, for a <br />total not -to- exceed amount of $51,000. Specifically, Exhibit B of the <br />Agreement shall be amended to reflect the new SANTA ANA construction <br />costs that are detailed in Exhibit 1 attached herewith and incorporated herein <br />by this reference. <br />2. Except as hereinabove amended, all terms and conditions of said Agreement <br />shall remain in full force and effect. <br />1 <br />