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FIRST AMENDMENT TO CONSTRUCTION SUPPORT SERVICES
AGREEMENT WITH CLR DESIGN INC.
T
HIS FIRST AMENDMENT TO AGREEMENT is entered into this 16th day of January 2024, by and between CLR Design Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (“City”).
RE
CITALS
A. On
April 20, 2021 t he City entered into Agreement #A-2021-060 (“Agreement”) with Consultant to provide construction administration and management services for the Santa Ana Zoo Giant River Otter and Primate Trails Project and related matters for the term of two years with two (2) one -year renewal option(s) exercisable by the City Manager and the City Attorney.
B. O
n April 3, 2023, the parties exercised the first option to extend the Agreement (#A-2021- 060-01) for an additional one-year term until April 19, 2024. The Agreement is current and in-effect.
C. D
ue to changes with an outside contractor, the parties have determined that the services provided for Task 5 Services for Construction Administration and Project Closeout will require additional time and compensation for Consultant to complete said services.
D. T
he parties therefore wish to amend the Agreement to supplement the scope of services, increase the compensation to the Agreement, and exercise the second and final option to extend the term of the Agreement.
TH
E PARTIES THEREFORE AGREE:
1. S
ection 1, SCOPE OF SERVICES , is amended to include Exhibit A -1 to this First Amendment, attached hereto and incorporated by reference, to reflect the additional time and services required for Task 5 services previously contemplated by the Agreement.
2. S
ection 2, COMPENSATION, is amended to remove and replace the hourly billing and rate schedule in Exhibit B with Exhibit B-1 to this First Amendment, attached hereto and incorporated by reference. The compensation to this Agreement shall be increased by an additional $75,000. The total amount to be expended, during the term of this Agreement, shall not exceed $193,000.
3. S
ection 3, TERM, is amended to reflect the parties option to exercise the second and final extension of the term of the Agreement for an additional one year period through April 19, 2025.
4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect.
EXHIBIT 5
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
___________________________ ________________________ Jennifer L. Hall T homas R. Hatch
City Clerk Interim City Manager
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_____________________________
Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL: CONSULTANT
__________________________ _______________________________ Nabil Saba, P.E. By:
Executive Director of Title:
Public Works Agency
Gregg Leicester
Principal
mark e. beauchamp, asla • gregory j. dykstra, aia • gregg b. leicester, asla t 215.564.0250 • www.clrdesign.com • 833 chestnut street, suite 909 • philadelphia, pa 19107 34921 calle del sol • capistrano beach, ca 92624
E X H I B I T D E S I G N • A R C H I T E C T U R E • L A N D S C A P E A R C H I T E C T U R E A
ugust 2, 2023
Edward A. Torres
Senior Engineer
Public Works Agency | CIP Delivery Engineering
City of Santa Ana
20 Civic Center Plaza, M-36
Santa Ana, CA 92702
Sent via email
Re: Contract Amendment for Task 5 Services - Santa Ana Zoo Giant River Otter & Primate Trails Project (No. 16-2658)
Dear Edward,
As a follow-up to our recent correspondence, we appreciate this opportunity to submit a proposal for an extension to our Task 5.2 [Construction Administration] and Task 5.3 [Project Closeout] Phases services for the above referenced project.
As discussed, we understand the City of Santa Ana is going through a process to procure a new general contractor to execute the final stages of construction. This will require additional time both for the procurement process as well as construction. At this time, we are assuming the construction duration, and services by our team, will extend 6-12 months from now.
This Contract Amendment assumes that CLR Design, and our team of sub-consultants, will continue to perform the scope of services defined in our current Agreement and we will invoice accordingly until those services are complete. We have approximately $30K +/- remaining in unbilled fees and expenses, to date. In anticipation of additional virtual meetings, correspondence, and on-site construction observation visits, we are proposing to proceed on a time and materials basis beyond our current Agreement.
Additional Professional Fees and Expenses Summary:
Consultant Scope NTE Fees & Expenses*
CLR Design and team
of Engineering Sub-
Consultants
Tasks 5.2 Construction Administration
and 5.3 Project Closeout
$25,000
Total $25,000
*Reimbursable expenses for travel (local from CA office), reproduction, scanning, mailing/shipping and communication will be billed at cost as incurred.
Exhibit A-1
CLR will carry out the work described here on a Time and Materials basis, for a Not-to Exceed (NTE) amount of $25,000. Invoices are prepared monthly based on work completed and are due upon receipt.
If subsequent Zoo/City of Santa Ana directives alter the anticipated scope of work, CLR reserves the right to modify this and future Proposals. Through our monthly project correspondence and invoicing process, we will keep you apprised of our Team’s time expended as we continue with this project.
We trust this proposal reflects your understanding of the desired work to be completed by the CLR Team. Please review this Amendment and if you have any questions, do not hesitate to call. If this proposal is acceptable to you, please execute one copy and return it to CLR for our files. We look forward to continuing our work with you on this exciting project.
Sincerely,
Gregg Leicester, ASLA, LEED GA Kelsey Weber, AIA
Principal Architect
CLR Design Inc. CLR Design Inc.
cc: Karen Marshall
Attachments: Hourly Rate Chart (2023)
A
ccepted By:
_________________________________ _____________
City of Santa Ana Date
mark e. beauchamp, asla • gregory j. dykstra, aia • gregg b. leicester, asla t 215.564.0250 • www.clrdesign.com • 833 chestnut street, suite 909 • philadelphia, pa 19107 34921 calle del sol • capistrano beach, ca 92624
E X H I B I T D E S I G N • A R C H I T E C T U R E • L A N D S C A P E A R C H I T E C T U R E S tandard Hourly Billing
Rate Schedule
Classification Hourly Billing Rate (US Dollars)
S
enior Principal $265.00
Principal $260.00
Senior Associate $215.00
Landscape Architect – Level 5 $195.00
Landscape Architect – Level 4 $175.00
Landscape Architect – Level 3 $130.00
Landscape Architect – Level 2 $110.00
Landscape Architect – Level 1 $ 95.00
Architect – Level 5 $195.00
Architect – Level 4 $175.00
Architect – Level 3 $130.00
Architect – Level 2 $110.00
Architect – Level 1 $ 95.00
Graphic Designer $105.00
Technical Support $ 85.00
Reimbursable Expenses Rate
P
rinting, Reproduction, Postage & cost
Shipping
Travel and Subsistence cost
The rates stated above represent current billing rates. CLR reserves the right to modify these hourly rates to reflect increases resulting from annual salary reviews.
CLR Design, Inc., 01/01/2023
Exhibit B-1