(6)AR 050509 AGRMT AECOM Environment (formerly known as ENSR Corporation)

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APPROVED BY CITE CIL Date - Item #_�� FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND AECOM, Inc., DBA AECOM ENVIRONMENT (Formerly Known As ENSR Corporation) 1. EXECUTING PARTIES. This Fifth Amendment to the Professional Services Agreement ("First Amendment") is made and entered into this 6th day of May, 2009 by and between the City of Colton ("City") and AECOM, Inc., dba AECOM Environment (formerly known as ENSR Corporation), a Corporation with its principal place of business at 2 Technology Drive, Westford, Massachusetts, 01886 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Fifth Amendment. 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 On or about May 15, 2007, City and Consultant entered into a third amendment to the Agreement ("Third Amendment") in order to extend the term of ENSR's Agreement with the City until on or around June 30, 2008, for an amount not to exceed seventeen thousand five hundred seventy-five dollars and zero cents ($17,575.00), and