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• A-2003-196 <br />SECOND AMENDMENT TO CONSULTANT AGREEMENT <br />THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT "Second <br />Amendment," made and entered into this 2"d day of September, 2003, by and between the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City) and P&D Consultants, a <br />California corporation (`Consultant"). <br />Recitals: <br />w <br />55 <br />wm <br />a <br />E U U <br />O 1 ¢ Q <br />¢g_ o� <br />C.j J �W <br />yOZ JQ <br />?3� c�c <br />WITNESSETH <br />A. City and Consultant entered into a Consultant Agreement, dated August 2, 1999 <br />whereby Consultant agreed to prepare an Environmental Impact Report (EIR) for <br />the One Broadway Plaza Project (hereinafter "Agreement.") The contract amount <br />was $357,366.00. <br />B. On February 2, 2001, the parties entered into an amendment, increasing the <br />amount of the Agreement by $123,000.00 for a total contract amount of <br />$480,366.00 (hereinafter "Amendment'). <br />C. The Parties now desire to enter into a Second Amendment to Consultant <br />Agreement for Consultant to provide additional environmental services for the <br />One Broadway Plaza project and increase the amount of compensation by an <br />additional $30,000.00 (hereinafter "Second Amendment.") <br />WHEREFORE, in consideration of their mutual and respective promises, and subject to <br />the terms and conditions of the Agreement as amended in the Amendment and hereby in this <br />Second Amendment, the parties hereby agree as follows: <br />1. Exhibit A-1 attached to this Second Amendment shall be included in the Scope of <br />Services. Section 1 of the Amendment is amended to read as follows: <br />"Consultant shall perform those services as set forth in Exhibit A and Exhibit A-1 to this <br />Agreement. The Scope of Services of this Agreement may be extended upon a writing executed <br />by the Executive Director of Planning and Building, the City Attorney, and Consultant to include <br />additional studies as needed." <br />3. Section 2(a) of the Agreement is amended to read as follows: <br />"City agrees to pay, and Consultant agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit A. The total sum to be expended under this Agreement <br />shall not exceed $510,366.00 during the term of this Agreement." <br />4. Section 3 of the Amendment, "Term" is amended to read as follows: <br />