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NORk <br />V?L 11, Jr <br />J ?irRw <br />'AT7 FR2ST AMENDMENT TO AGREEMENT <br /> THIS FIRST AMENDMENT TO AGREEMENT is entered into on September 10, 2012, <br /> by and between URS Corporation, a California corporation ("Consultant") and the City of Santa <br /> Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />v laws of the State of California ("City"). <br /> <br /> <br />3 RECITALS: <br />1 A. The parties entered into Agreement #A-2008-217, dated August 18, 2008, (hereinafter "said <br /> Agreement") by which Consultant has provided engineering and landscape architecture <br /> services to the Public Works Agency on an on-call basis. <br />S B. By letter dated July 29, 2011, and pursuant to the provisions of said Agreement, Consultant <br /> was authorized to proceed with a Non-Stormwater Diversion Concept Study for the Upper <br /> Newport Bay Watershed (hereinafter "the Study"). <br />V C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the <br />fee schedule to include the services of a Project Scientist which will be required to complete <br />the study. <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 />Section 3, COMPENSATION, shall be amended to delete Exhibit B, Fee Schedule and <br />replace it with "URS Schedule of Fees and Charges for City of Santa Ana - Urban Discharge <br />Diversion Project, January 1, 2011", attached hereto as Exhibit B-1 and incorporated by this <br />reference. The rates and charges set forth in Exhibit B-1 shall be effective from the date of <br />authorization to proceed. The parties agree that the total cost of the Study shall not exceed <br />565,000, which will reduce the $200,000 available for services by an equal amount. <br />2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br /> <br />Exhibi# 2 <br />25H-37 <br />A-2008-217-01