ENVIRONMENTAL ENGINEERING AND CONTRACTING, INC. 5B - 2013

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�i Ilk SECOND AMENDMENT TO AGREEMENT A- 2011 - 102 -02 THIS SECOND AMENDMENT TO AGREEMENT is entered into on March 12, 2013, by and between Environmental Engineering and Contracting, Inc., a California corporation, ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2011 -102, dated April 4, 2011, (hereinafter "said Agreement') by which Consultant has provided National Pollutant Discharge Elimination System (NPDES) inspection and database management services. B. City exercised its first option to extend the term, by Amendment A- 2011 - 102 -01 dated March 12,2012. C. The parties desire to extend the term of the agreement for an additional three month period to coincide with the City's fiscal year. D. In accordance with the terms and conditions of said Agreement, the City desires to exercise its second option to extend for an additional one -year period and provide compensation to pay for services during the extended term. 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 Agreement, the parties agree as follows: 1. City hereby exercises its second option to extend the terms and conditions of said Agreement for an additional one -year period. 2. Section 2, COMPENSATION, shall be amended to provide that the aggregate compensation to be expended for all consultants providing NPDES Inspection and Database Management services, shall be increased by $300,000, to pay for services during the extended period on the following terms and conditions: a. Payment for Consultant services shall be paid at the rates and charges set forth in Consultant's Proposal, attached hereto as Exhibit B. The total payment to Consultant shall not exceed $150,000.00 during the term from April 1, 2013 through June 30, 2014, unless the Consultant makes a written request which is accepted in writing by the Executive Director of Public Works, or his designee, prior to initiating services in excess of the monthly maximum. b. No services provided by Consultant beyond the proposal amount above stated shall be paid for by the City unless that work has been approved as hereinabove stated. 3. Section 4, TERM, shall be extended through June 30, 2014, . pursuant to the conditions set forth in said Agreement. The City shall have the option to extend the term of this Agreement for one additional one -year period on the terms and conditions set forth in said Agreement.