Cities Index.
Amendment No. 1 to the Agreement with DKS Associates

City Council and Authorities Concurrent
December 6, 2022

Document
Amendment No. 1 to the Agreement with DKS Associates
Meeting
December 6, 2022
Body
City Council and Authorities Concurrent
Pages
1
Original file
97 KB
Text extracted from the city's file for reading and search. Open the original on santaclara.legistar1.com. That file is the official record.
Page 1 ends

Rev. 10/25/19
E bix Insurance No. S200004256
AM
ENDMENT NO. 1

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

DKS ASSOCIATES
PR
EAMBLE
This agreement (“Amendment No. 1”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and DKS Associates, a California corporation, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “AGREEMENT FOR

DESIGN PROFESSIONAL SERVICES BETWEEN THE CITY OF SANTA
CLARA, CALIFORNIA AND DKS ASSOCIATES”, dated July, 27, 2021 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Contractor provide traffic engineering services, and the Parties now wish to amend the Agreement to extend the termination date and increase the maximum compensation.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Se
ction 2 of the Agreement, entitled “TERM OF AGREEMENT” is amended to read as follows:
“U
nless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on July 1, 2021 and terminate on July 1, 2024.”

2. S
ection 6 of the Agreement, entitled “COMPENSATION AND PAYMENT” is amended to read as follows:
“In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is one hundred fifty thousand dollars Amendment No. 1 to Agreement/DKS Associates Page 2
Rev. 10/25/2019
($150,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.”

3. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

Office of the City Attorney
City of Santa Clara

Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

DKS ASSOCIATES
a California corporation

Dated:

By (Signature):

Name: Terry Klim
Title: Principal
Principal Place of
Business Address:
720 SW Washington, #500, Portland, OR
97205
Email Address: [email protected]
Telephone: (510) 763-2061
Fax: (510) 268-1739
“CONTRACTOR”
S:\Attorney\AGREEMENTS\Amendments\Amendment No. 1 - Form.doc

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