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FIRST AMENDMENT TO AGREEMENT <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into on January 5, 2009, by <br />and between Pacific Advanced Civil Engineering, a California corporation ("Consultant") and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into that certain Agreement A- 2008-085, dated May 5, 2008, (hereinafter <br />"said Agreement") by which Consultant has provided engineering services related to pool and <br />fountain renovation. <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the <br />Scope of Services to include the assessment and construction support required to renovate an <br />additional fountain, and increase compensation to pay for additional services. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this First Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the <br />following: <br />"Consultant shall provide professional engineering services, including assessment and <br />analysis of existing conditions, the preparation of Plan, Specification and Estimate, and <br />construction support for the renovation of the Memorial Pool and Fountain #3, in the Plaza of <br />the Fountains, as set forth in City's Request for Proposal dated January 23, 2008 (hereinafter <br />"RFP"), and Consultant's Proposal, collectively attached to said Agreement as Exhibit A. <br />Additionally, Consultant will provide professional engineering services, including assessment <br />and analysis of existing conditions, the preparation of Plan, Specification and Estimate, and <br />construction support for the renovation of Fountain #1, in the Plaza of the Fountains, as set <br />forth in Change Order Authorization 1, dated November 5, 2008, attached hereto as Exhibit <br />A-1 and incorporated by this reference. Said services shall conform to the standards set forth <br />in City's RFP." <br />2. Section 2, COMPENSATION, shall be amended to increase compensation by $31,500.00, <br />which includes a 15% contingency, to pay for the additional services provided in the <br />renovation of Fountain # 1. The total amount to be expended pursuant to said Agreement <br />shall not exceed $122,550.00 during the term of said Agreement. <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />// <br />// <br />231-4 <br />