23AA - PROJ - FLOWER ST BIKE TRAIL

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ADDENDUM TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GREEN GIANT LANDSCAPE INC. THIS ADDENDUM TO AGREEMENT is entered into on October 21, 2014, by and between Green Giant Landscaping, Inc. a California corporation ( "Contractor ") 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 ") (collectively "Parties "). RECITALS: A. The Parties entered into that certain Agreement 4 12 -2620, dated August 5, 2013, (hereinafter "said Agreement ") by which Contractor has constructed a portion of the Flower Street Bike Trail ( "Trail ") between Sunflower Avenue and MacArthur Boulevard. B. Section 2.19 of said Agreement provided the outline for the erection of a sculpture at the trailhead plaza area of the Trail. Pursuant to that section the Contractor was to construct the base upon which the sculpture is to be set and to pick -up, deliver and install the sculpture. Further, the Contractor was to pay to the artist who constructs the sculpture a sum not to exceed $60,000.00 for the sculpture and associated works of improvement to the trailhead plaza. C. In order to complete the requirements under the Agreement, certain specifications, time -lines and pay schedules need to be amended and added to the Agreement. The Parties hereto desire to enter into this Addendum to set forth the additional specifications and to provide Contractor with the means by which to fulfill its obligations under the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those as set forth in this Addendum to Agreement, the Parties agree as follows: 1. Section 1.03 Time of Completion is amended as follows: The Contractor shall complete all work as amended by this agreement by June 30, 2015. 2. Section 2.19 Trailboa.d Plaza is amended to add the following provisions: Contractor shall pay to the Artist (Richard Turner) the dollar amounts and at the times as set forth in the "ARTIST SCOPE OF WORK/FEE SCHEDULE" attached as Exhibit 1 hereto and incorporated herein. Contractor shall be responsible for obtaining from the Artist and any and all subcontractors and material suppliers all appropriate lien releases upon payment for said work/materials. City shall release to Contractor from the funds allowed in the Agreement the sum of $60,478.00 upon execution of this Addendum. Contractor agrees that said $60,478.00 is to be used by Contractor for the sole purpose of paying the Artist the amounts and upon the time lines as set forth in Exhibit I hereto. Concurrently therewith, City shall reduce the amount of the performance bond of Contractor on the project to the sum as established in Change Order No. 3. The $60,478.00 is a `Not to Exceed' and the Contractor shal l provide invoices for all work provided by the Artist and all funds not used shall be returned to the City. 23AA -8