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.. i" ~' `''"r,ANCE NOT ON FILE ~^; 'i~K MAY N4T PROCEED CLERK OF COUNCIL DATE: ll' ~~- o k O~. PWIF-Wader ci>C s. worml) FIRST AMENDMENT TO AGREEMENT A-2006-269 THIS FIRST AMENDMENT TO AGREEMENT is entered into on October 2, 2006, by and between Harper & Associates Engineering, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement A-2004-074, dated April 19, 2004, (hereinafter "said Agreement") by which Consultant has provided engineering consultant services in relation to the seismic retrofit and exterior coating design of the City's East and West Reservoirs. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to provide revisions and modifications to the final design, increase compensation to pay for the additional services, and extend the term to complete the project. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to add language as follows: "l.b. Consultant shall revise the plans and specifications for the East and West Reservoir Rehabilitation projects, as set forth in Exhibit A-1, attached hereto and incorporated by reference. l.c. Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, pursuant to this Agreement shall be the property of the City, Consultant agrees to provide City with any such materials whenever requested to do so. The City agrees, however, that plans, drawings or other work product may be used only for the project described herein." 2. Section 2, COMPENSATION, shall be amended to increase compensation by $4,000.00 for a total not to exceed amount of $60,880.00. 3. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on April 19, 2004 and terminate upon City's acceptance of Consultant's plans and specifications, unless terminated earlier in accordance with Section 12, below."