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2. Section l.c. Time for Performance, shall be deleted in its entirety and replaced with <br />the following: <br />"l.c. Time for Performance. Consultant shall perform and complete all services as may be <br />requested pursuant to the Scope of Services in a timely and expeditious manner. Consultant <br />shall perform such services in accordance with the schedule which Consultant and City may <br />mutually agree. The schedule attached hereto as Exhibit A-3, has been agreed by the parties <br />and shall control the duration of the project. In the event that Consultant determines that a <br />proposed schedule for work as requested by the City is not possible or achievable, Consultant <br />shall immediately notify the Director of the Public Works Agency (the "Director"), or his/her <br />designee, in writing and seek appropriate modifications. No extension of time shall be <br />accepted unless written approval in advance is given by the Director or his/her designee." <br />Section 2, COMPENSATION, shall be amended to increase compensation by Three Hundred <br />Thirty-Two Thousand, Four Hundred Ninety-One Dollars ($332,491.00), to pay for the <br />additional services required to complete the project. Said services shall be compensated on a <br />fixed fee based on time and deliverables, with not to exceed amounts set per task, in <br />accordance with the Budget set forth in Exhibit B, attached hereto. To clarify, if Consultant <br />does not utilize the full amount allocated to any task, the excess shall be for the benefit of the <br />City, and not available for allocation to other Consultant tasks. The total amount to be <br />expended pursuant to said Agreement, as amended, shall not exceed Five Million, Two <br />Hundred Ninety-Eight Thousand, Three Hundred Fifteen Dollars ($5,298,315.00). <br />Consultant shall invoice the City on a monthly basis for all tasks completed during the <br />previous month. Said invoices shall include all backup documentation provided by <br />Subconsultants as well as deliverables charged during the period. <br />4. This amended Scope of Work and Compensation shall represent the final and maximum <br />Scope of Work and Compensation between the parties for the Santa Ana and Garden Grove <br />modern streetcar project. Said Agreement shall not be amended any further, and the <br />compensation contemplated in this Second Amendment to Agreement shall represent the final <br />payment from City to Consultant for all deliverables referenced in Section 1, above. <br />5. Section 3.a., TERM, shall be amended to extend the termination date through June 30, 2013. <br />6. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />/// <br /> <br /> <br />25D-8