Attachment 3
4875-7521-8538 v1
CITY OF SAN CLEMENTE
AMENDMENT No. 1 TO
EMERGENCY CONSTRUCTION CONTRACT
PROJECT: CASA ROMANTICA SLOPE STABILIZATION REPAIR
THIS AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(hereinafter “Amendment”), dated _________, 2023 for identification purposes, is made and entered into by and between the CITY OF SAN CLEMENTE, a municipal corporation, hereinafter designated as "City", and ALLIANCE DIVERSIFIED ENTERPRISES, INC., hereinafter designated as "Contractor."
RECITALS
WHEREAS, City and Contractor are the parties to that certain Emergency Construction Contract dated , 2023, hereinafter referred to as the “Contract”, wherein Contractor agreed to provide certain services to the City as set forth therein; and WHEREAS, the parties desire to amend the Agreement to provide for changes and/or modifications to the not to exceed compensation amount.
AMENDMENT
NOW, THEREFORE, the parties hereto do mutually agree that the Contract shall be amended as follows:
1. Section 3.7.1 (Amount of Compensation) of the Contract shall be amended such that Contractor’s compensation for all work performed in accordance with this Agreement, shall be increased by $150,000, from $200,000, for the not to exceed total contract price of $350,000.
2. Section 3.3.1 (Contract Time) of the Contract shall be amended such that the contract time shall be extended from 10 working days to 30 working days.
3. Exhibit A (Services/Schedule) to the Contract shall be amended by adding the following: “All work will be performed as directed by the Public Works Director and LGC consultants. All work is to be compensated on a time and materials basis at the CalTrans force account rates, which are located at:
https://dot.ca.gov/-/media/dotmedia/programs/construction/documents/equipment-rental-rates-and-laborsurcharge/book_2023.pdf”
CASA ROMANTICA SLOPE STABILIZATION REPAIRS
(ALLIANCE DIVERSIFIED ENTERPRISES, INC)
4875-7521-8538 v1 2
4. Except as expressly set forth in this Amendment, the Contract shall remain in full force and effect and is hereby ratified and reaffirmed.
SIGNATURES. The individuals executing this Amendment represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Amendment on behalf of the respective legal entities of the CONSULTANT and the CITY.
IN WITNESS WHEREOF, the parties hereto being duly authorized on behalf of their respective entities to execute this Amendment, do hereby agree to the covenants contained in the Agreement, including this Amendment, and have caused this Amendment to be executed by setting hereunto their signatures on the dates set forth below.
CITY OF SAN CLEMENTE
By:
ATTEST: Andy Hall, City Manager
Dated: , 2023
CITY CLERK of the
City of San Clemente,
California
APPROVED AS TO FORM:
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO
AVAILABILITY OF
FUNDING:
Finance Authorization
CONSULTANT
Alliance Diversified Enterprises, Inc. Alliance Diversified Enterprises, Inc.
By: Joan Grenke By: Evan Grenke
Its: Chief Executive Officer/Secretary Its: Chief Financial Officer Dated: , 2023 Dated: , 2023