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SECOND AMENDMENT TO AGREEMENT <br />THIS SECOND AMENDMENT TO AGREEMENT is entered into on August 5, 2013, <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 />laws of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into Agreement 4A-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 />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 />C. The Study resulted in a proposed project to divert urban runoff discharge from the Santa Ana <br />Delhi Channel to the Orange County Sanitation District for processing (hereinafter the <br />"Project"). <br />D. The parties desire to amend said Agreement to provide for preliminary engineering services, <br />environmental review and construction support services required to obtain grant funding for <br />the Project. <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 Second Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 1, SCOPE OF SERVICES, shall be amended to read as follows: <br />"Pursuant to this on-call agreement, Consultant has provided engineering services to analyze <br />and design a project to divert dry weather urban discharge from the Santa Ana Delhi Channel <br />and the Upper Newport Bay ("Project"). Consultant will continue to provide engineering <br />services to prepare plans, specifications and estimates for the proposed Project. Additionally, <br />Consultant will provide environmental review and construction support services for said <br />Project, as set forth in Consultant's Request for Approval dated January 16, 2012, attached <br />hereto as Exhibit A-I and incorporated by this reference. <br />2. Section 3, COMPENSATION, shall be amended to increase compensation by $365,000.00. <br />Said section shall read as follows: <br />"a. City agrees to pay, and Consultant agrees to accept for the preliminary engineering, <br />environmental review and construction support services, the rates and charges set forth in <br />Consultant's Estimated Cost Breakdown, as set forth in Exhibit B-1, attached hereto and <br />incorporated by this reference. The total amount to be expended for all services related to <br />the non-stormwater diversion project shall not exceed Four Hundred Fifty-Five Thousand <br />Dollars ($455,000.00) during the term of said Agreement. Said Project total includes <br />services required for the feasibility study, grant application and a Twenty Five Thousand <br />Exhibit 4 <br />25H-53