1 August 2017
FIRST MODIFICATION OF DESIGN/BUILD AGREEMENT NO. 10736 (CCS) This First Modification of Agreement Number 10736 (CCS) (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Kiewit Infrastructure West Co. (“Design/Builder”) is made with reference to the following:
RECITALS
A. On or about November 19th, 2018, the City and Design/Builder entered into Agreement Number 10736 (CCS) for Design/Build Agreement services on the following Project: Sustainable Water Infrastructure Project (“Original Agreement”).
B. The City and Design/Builder desire to modify the Original Agreement to include additional services to be performed by Design/Builder and to increase the contract price to pay for those additional services.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Article 4.0 of the of the Original Agreement entitled “Preconstruction Phase” shall be modified by adding the following paragraph:
Design/Builder shall perform all of the additional services described in Exhibit 20, Additional Services & Budget for Confined Space Entry Plan.
Design/Builder will complete the Additional Services in accordance with Exhibit 20, Additional Services & Budget for Confined Space Entry Plan.
2. Article 2.1.1 of the Original Agreement entitled “Preconstruction GMP” shall be replaced by the following paragraph:
Preconstruction GMP.
The City shall compensate Design/Builder for the Additional Services in an amount not to exceed THIRTEEN THOUSAND SIX HUNDRED
EIGHTY-NINE DOLLARS AND THIRTY-NINE CENTS ($13,689.39), as set forth in Exhibit 20, Additional Services & Budget for Confined Space Entry Plan.
Total compensation to Design/Builder for Work performed by Design/Builder during the Preconstruction Phase in accordance with Section
4.0, including the Additional Services, shall not exceed the Guaranteed Maximum Price (also referred to herein as the “Preconstruction GMP”) of
SEVEN MILLION ONE HUNDRED FOUR THOUSAND SIX
HUNDRED EIGHTY-NINE DOLLARS AND THIRTY-NINE CENTS
($7,104,689.39) and shall be paid in accordance with the Payment Schedule set forth in Exhibit “6” (Budget for Pre-construction).
DocuSign Envelope ID: A133BD3B-B99D-4475-A856-937A73D62B9D 6/11/2019
2 August 2017
3. Exhibit 20, Additional Services & Budget for Confined Space Entry Plan, is attached hereto and incorporated herein and into the Original Agreement by this reference.
4. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ____________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ____________________________
DocuSign Envelope ID: A133BD3B-B99D-4475-A856-937A73D62B9D City Attorney
Lane Dilg
5/8/2019
Tony Joyce
Kiewit Infrastructure West Co
Vice President
6/6/2019
City Manager
6/11/2019
Rick Cole
City Clerk
Denise Anderson-Warren
6/13/2019