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HomeMy WebLinkAboutItem 17 - Construction Auditing Services for the Carnegie Navigation Center City Attorney Office www.santa-ana.org/ca/ Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Construction Auditing Services for the Carnegie Navigation Center AGENDA TITLE: Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC (“Ankura”) to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total not-to-exceed amount by an additional $50,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On August 5, 2022, the City’s Attorney’s Office (“CAO”) entered into Agreement #N- 2022-215 for Ankura to conduct an audit review of billings and billing practices regarding construction of the homeless shelter by Dyer 18 LLC. Prior to entering into this Agreement, CAO negotiated discounted rates with Ankura to conduct this audit. Since August 5, Ankura and CAO have worked steadily on this matter. A review of costs to maintain services for this audit necessitated this request to the City Council. Ankura has consistently made itself available to CAO regarding this matter and the amendment to increase compensation will ensure completion of the requested work product. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the City Attorney’s Contract Services-Professional account (no. 01108032-62300): Fiscal Year Amount 2022-23 $50,000 Total $50,000 Construction Auditing Services for the Carnegie Navigation Center November 15, 2022 Page 2 3 0 5 0 EXHIBIT(S) 1. First Amendment to Agreement with Ankura Consulting Group, LLC Submitted By: Sonia Carvalho, City Attorney Approved By: Kristine Ridge, City Manager Page 1 of 1 FIRST AMENDMENT TO AGREEMENT WITH ANKURA CONSULTING GROUP, LLC TO PROVIDE FORENSIC CONSTRUCTION AUDIT SERVICES THIS FIRST AMENDMENT to the above-referenced agreement is entered into on November 15, 2022, by and between Ankura Consulting Group, LLC, a Delaware limited liability company (“Ankura”), 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”). RECITALS A.The parties entered into Agreement No. N-2022-215 (“Agreement”) dated August 5, 2022, to engage Ankura due its special skill and knowledge in the field of forensic construction auditing. B.The Agreement is current and in-effect and runs through either the completion of services or termination by the Parties, as detailed in the Agreement. C.The parties now wish to amend the Agreement to increase the overall compensation to the Agreement. No further changes are contemplated by this Amendment. The Parties therefore agree: 1.Section 2, Fees and Expenses, is hereby amended to increase the not-to-exceed amount of this Agreement by $50,000. 2.Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA _______________________________ ______________________________ KRISTINE RIDGE Clerk of the Council City Manager APPROVED AS TO FORM ANKURA CONSULTING GROUP, LLC SONIA R. CARVALHO City Attorney By: ___________________________ _______________________________ John M. Funk Peter Badala Chief Assistant City Attorney Sr. Managing Director