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INSURANCE ON SILL <br />WORK MAY PROCEED <br />UNTIL. INSURANCE EXPIRES <br />f <br />4n <br />CLERK OF COUNCIL <br />riATF V 2.-5--oct <br />SECOND AMENDMENT TO AGREEMENT <br />A-2005-012-02 <br />THIS SECOND AMENDMENT is made and entered into this 20th day of May 2009, by and <br />between W. Koo & Associates, a division of PBS&J ("Consultant") and the City of Santa Ana, a <br />charter city and municipal corporation of the State of California ("City"). <br />-4- --,% <br />�7` <br />RECITALS <br />A. The Parties entered into Agreement A-2005-012, dated January 18, 2005, hereinafter referred to <br />as "said Agreement", to provide structural plans, specifications and estimates for three City <br />bridges and a cantilever bike trail structure. <br />B. By Amendment A-2005-012-01, dated May 17, 2006, the Parties agreed to extend the term of <br />said Agreement. <br />C. The Parties hereto now desire to amend the Fee Schedule to provide a fee increase, to complete <br />construction support for the Projects, without increasing the total cost of the Projects. <br />WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter <br />contained and made, and subject to all of the terms and conditions of said Agreement as hereby <br />amended, the parties agree as follows: <br />Section 2.a., "COMPENSATION", shall be deleted in its entirety and replaced with the <br />following: <br />"a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in the Cost Proposal, attached to said Agreement as <br />Exhibit B. Notwithstanding the foregoing, the Parties agree that, effective on the <br />execution of this Amendment to Agreement, the fees charged by Consultant for <br />construction support, shall be increased to correspond to the fee schedule attached hereto <br />as Exhibit B-1, and incorporated by this reference. The total sum to be expended under <br />this Agreement shall not exceed $303,160.00 during the term of this Agreement." <br />2. Except as hereinabove modified, the terms and conditions of said Agreement remain <br />unchanged and in full force and effect. <br />