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FULL AGENDA PACKET 2021-07-06
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FULL AGENDA PACKET 2021-07-06
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7/12/2021 12:33:17 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
7/6/2021
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FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES <br />AGRb'6Mb;NT WI'I'II MARK T11OMAS & COMPANY, INC. <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15`t' day Of June 2021, by and <br />between Mark Thomas & Company, Inc. ("Consultant'), and the City of Santa Ana, a charter city <br />and municipal corporation duly organized and existing under the Constitution and laws of the State <br />o f California ("City"). <br />ty"). <br />RECITALS <br />A. On June 19, 2018, the City entered into Agreement No. A-2018-159-07 ("Agreemenl") with <br />Mark Thomas & Company, Tile- to provide on -cal I general engineering services, and related <br />matters, fora throe year term until.tine IS, 2021, with the option for the parties to extend the <br />term of the agreement for one (1) two (2) year extension. The Agreement is cutout and in <br />effect. <br />R. The Consultant was one of nine (9) consuhants selected to provide services for general <br />engineering, projects on as -needed basis. The nine (9) scicctcd comi.t to tta were subject <br />to du combined not -to -exceed amount for compensation detailed in Section 2.a. of the <br />Agreement. <br />C_ The parties now wish to exa-cise. the option to extend the Agreement (br a term ol'two (2) <br />years, as provided under tote tc:rnis of the Agreement, and to increase the tnaxitnum shared <br />aggregate expenditure under the Agreement to pay for services provided during the extension <br />to the term of the Agreement by $1,000,000 for a total, not to exceed, $S,(I0f)'0oo. <br />THE PARTIES THEREFORE AGREE: <br />1. Section 2, COMPENSATION, shall be amended as follow;: <br />City neither warrants new guarantees arry minimum or maximum compensation to <br />Consultant under this Agreemenl. Consultant steal I he paid only Ibr aclu;tl services <br />performed under this Agreement as the rates and charges identified in Exhibit S_ <br />Consultant is one of nine (9) eonsultartts selected to provide services for general <br />engineering projects on an as -needed basis under RFP No. 17-083. The total <br />compensation for these services provided by all such consultants selected under RFP 17- <br />083 shall not exceed S 5,000,000 dining the tenor of the Agrecamatt. <br />2. Section 3, TERM. The parties agree to extend the teen of the Agreement for an <br />additional two (2) year period trom June]9, 2021 through June 18, 2023. No other <br />Changes are contemplated to this Section. <br />Except as hcrcinabovcc modified, the tans and conditions of said Agrcctncnt remain <br />unchanged and in lull force. and effect. <br />City Council 20 — 15 7/6/2021 <br />Page 1 of <br />
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