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THIRD AMENDMENT TO AGREEMENT <br />THIS THIRD AMENDMENT TO AGREEMENT is entered into on April 18, 2011, by and <br />between Psomas, Inc., a California corporation ("Consultant") and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California ("City"). <br />RECITALS: <br />A. The City and Psomas entered into that certain Agreement A-2006-178, dated July 17, 2006, <br />(hereinafter "said Agreement") by which Consultant has provided water and sewer <br />engineering services. <br />B. By Amendment dated November 17, 2008 and Second Amendment dated February 1, 2010, <br />the parties agreed to add compensation to provide for the continuation of services. <br />C. In accordance with the terms and conditions of said Agreement, the parties wish to again <br />increase available compensation to allow continued provision of services by Consultant. <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 Third Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 3, COMPENSATION, shall be amended to increase compensation by $200,000.00, <br />to pay for additional services, as set forth in Exhibit A to said Agreement. The total amount <br />available for services shall not exceed $900,000.00. <br />2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement <br />on the date and year first written above. <br />ATTEST: <br />Maria D. Huizar <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />Joseph Straka, Interim City Attorney <br />RECOMMENDED FOR APPROVAL: <br />Raul Godinez, II <br />Executive Director - PWA <br />CITY OF SANTA ANA <br />DAVID N. REAM <br />City Manager <br />PSOMAS, INC. <br />JOSEPH L. BOYLE P.E. <br />Vice President <br />25B-7