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SECOND AMENDMENT TO <br />CONSULTANT AGREEMENT <br />THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered <br />into on November 17, 2008, by and between LaBelle Marvin., a California corporation <br />("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the <br />State of California ("City"). <br />RECITALS: <br />A. The parties entered into Agreement A-2004-154, dated August 2, 2004, (hereinafter <br />"said Agreement") by which Consultant has provided pavement structural evaluation <br />services on an as-needed basis. <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to <br />amend the Scope of Services, to more clearly define the testing which will be <br />provided, and to add compensation to pay for continuous pavement evaluation <br />services. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />Second Amendment to Consultant Agreement, the parties agree as follows: <br />1. Section 1, SCOPE OF SERVICES, shall be amended to replace the description of the <br />pavement analysis process set forth in Consultant's Proposal, with the processes set forth <br />in Exhibit A-1, attached hereto and incorporated by reference to said Agreement.. <br />2. Section 2.a., COMPENSATION, shall be amended to add $200,000 for a total amount <br />not to exceed $400,000 during the term of said Agreement. <br />3. Except as herein amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />// <br />// <br />// <br />// <br />251-3 <br />