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INSURANCE C - l� WORK MAY PROCEED UNTIL INSURANCE EXPIRES Cry-2,�11 CLERK OF COUNCIL /may/ nbTF_; v i l C! SECOND AMENDMENT TO CONSULTANT AGREEMENT A-20084 0 -001 THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered into on April 14, 2010, by and between'URS CORPORATION, a Nevada ("Consultant"), doing business as URS Corporation Americas, 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-2007-169, dated June 18, 2007, (hereinafter "said Agreement") by which Consultant has provided environmental consulting services. B. By Amendment A-2008-141, dated June 2, 2008, the parties extended the term of said Agreement. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services and Fee Schedule to specifically include EIR Consulting services related to the Bristol Street Widening 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 Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to include those services necessary to complete the re-evaluation of the 1990 EIR for the Bristol Street Widening Project, Phases 3 and 4, as set forth in City's Request for Proposal dated February 18, 2010, attached hereto as Exhibit A, and Consultant's Proposal, attached hereto as Exhibit B. Both exhibits are incorporated by this reference. 2. Section 2, COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Addendum 1 to Exhibit B, attached hereto. The total sum to be expended under this Agreement shall not exceed $235,815 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City shall retain ten percent (10%) of the contract price until all services have been completed and City has accepted delivery of the final product, including all studies, reports and evaluations. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City." 3. Section 3, TERM, shall be amended to extend the termination date to December 31, 2011. The term may be extended upon a written agreement executed by the Executive Director of Public Works and the City Attorney. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect.