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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />4- / -05 <br />CLERK OF COUNCIL <br />DATE: / -/3 -05 <br />G' PVA- <br />Cs.40) <br />THIRD AMENDMENT TO <br />CONSULTANT AGREEMENT <br />A-2004-252 <br />THIS THIRD AMENDMENT TO CONSULTANT AGREEMENT is entered <br />November 15, 2004, by and between DMJM / Harris, dba Holmes & Narver, Inc., a <br />California Corporation ("Consultant') and the City of Santa Ana, a charter city and <br />municipal corporation of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into Agreement #A-2001-170A, dated August 20, 2001, <br />(hereinafter "said Agreement") by which Consultant has prepared construction <br />documents for Public Works and Parks projects, on an as-needed basis. <br />B. The parties now wish to amend the Scope of Services to include stormwater runoff <br />management in compliance with NPDES standards and employee training regarding <br />NPDES requirements. <br />C. The parties also wish to increase the compensation to pay for the increased service. <br />Wherefore, in consideration of the covenants contained in said Agreement, and subject <br />to all the terms and conditions of said Agreement, as amended, except those amended in <br />this Third Amendment to Consultant Agreement, the parties agree as follows: <br />Section 1, SCOPE OF SERVICES, shall be amended to include a provision (b), as <br />follows: <br />"1. b. Consultant will provide consultation and training regarding NPDES <br />requirements, as set forth in Exhibit A-1, attached to this Third Amendment to <br />Consultant Agreement, and made a part of said Agreement by this reference." <br />2. Section 2.a, COMPENSATION, shall be amended to increase compensation by <br />$150,000.00, and shall read as follows: <br />"City agrees to pay, and Consultant agrees to accept as full payment for its services, <br />the rates and charges set forth in Exhibit A, attached to said Agreement and Exhibit <br />A-1, attached hereto. The total sum to be paid pursuant to said Agreement shall not <br />exceed $535,000.00 during the term of said Agreement." <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall <br />remain in full force and effect.