AR 051507 ENSR Consulting and Engineering Inc.

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THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF COLTON AND ENSR CORPORATION 1. EXECUTING PARTIES. This Third Amendment ("Third Amendment") to the Professional Services Agreement ("Agreement") between the City of Colton, a California municipal corporation ("City"), and ENSR Corporation, a Delaware corporation ("Consultant"), is made this day of May, 2007. City and Consultant are at times referred to individually as "Party" and collectively as "the Parties" herein. 2. RECITALS. 2.1 In 1996, the City constructed the Drews Substation and transmission lines in order to serve the Arrowhead Regional Medical Center and surrounding load; and 2.2 As part of the U.S. Fish and Wildlife Service mitigation plan for said construction, the City entered into a Habitat Conservation Plan and Implementation Agreement ("HCPIA"); and 2.3 On or about February 5, 2002, City and Consultant entered into the Agreement wherein Consultant agreed to provide City certain environmental consulting and compliance reporting services with regard to the 7.5 acres set aside for the Delhi Sands Flower -Loving Fly Habitat ("Habitat"), as necessary as the result of the HCPIA; and 2.4 On or about August 8, 2005, City and Consultant entered into a first amendment to the Agreement ("First Amendment") in order to extend the term of ENSR's Agreement with the City until on or around June 30, 2005, for an amount not to exceed fifteen thousand dollars and zero cents ($15,000.00); and 2.5 On or about April 18, 2006, City and Consultant entered into a second amendment to the Agreement ("Second Amendment") in order to extend the term of ENSR's Agreement with the City until on or around June 30, 2007, for an amount not to exceed ten thousand dollars and zero cents ($10,000.00), and 2.6 ENSR has expertise in this field and has been providing these professional services to the City for the past ten (10) years, with its existing contract set to expire on or around June 30, 2007; and 2.7 ENSR is familiar with the Habitat area and the HCPIA, and has continued to provide excellent services to the City in helping to meet HCPIA contract obligations; and 2.8 It is now necessary to extend the term of the Agreement for one (1) additional year in order to comply with the HCPIA; and 2.9 Based on the foregoing, the Parties now wish to extend ENSR's Agreement with the City, by way of this Third Amendment, for one (1) additional year and for an amount not to