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18-0701_WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC._Amd No. 3 to Professional Services Agreement (Storm Water) AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL AND STORM WATER QUALITY COMPLIANCE SERVICES BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WOOD ENVIRONMENT &INFRASTRUCTURE SOLUTIONS,INC. (FORMERLY AMEC FOSTER WHEELER ENVIRONMENT AND INFRASTRUCTURE, INC.) 1. Parties and Date. This Amendment No. 3 to the Professional,Service Agreement for Environmental and Storm , Water Quality Compliance Services is made and entered into as of this 1St day of July, 2018, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and Wood Environment & Infrastructure Solutions, Inc., a Nevada corporation, with its principal place of business at 121 Innovation Drive, Suite 200, Irvine, CA 92617 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Consultant. The City and Consultant have. entered into an agreement entitled "Professional Service Agreement for Environmental and Storm Water Quality Compliance Services" dated December 1, 2015 ("Agreement") for the purpose of retaining the services of Consultant to provide environmental and storm water quality compliance services. 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to extend the term and amend the fee as approved by City Council Action dated December 1, 2015. 2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Sections 3, Additional Work, and 23, Entire Agreement, of the Agreement. 3. - Terms. 3.1 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as follows: • Page 1 of 3 61147.02100\31239868.2 - 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit"B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $203.020. Consultant shall not perform services requiring the use of Contingency funds without the City's prior approval. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3.2 Amendment. Section 5 of the Agreement is hereby amended in its entirety to read as follows: 5. Time of Performance. Consultant shall perform its services in a prompt and timelymanner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The term of this Agreement shall commence on January 1, 2016 and shall expire on June 30, 2019. Consultant shall complete the services required hereunder within the term of this Agreement. The Notice to Proceed shall set forth the date of commencement of work. 3.2 Continuing Effect of Agreement. Except as amended by Amendment No. 1 Amendment No. 2 and this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by. Amendment No. 1, Amendment No. 2 and this Amendment No. 3. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3. 3.4 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions shall continue in full force and effect. [Signatures on Next Page] • Page 2 of 3 61147.02100\31239868.2 SIGNATURE PAGE.FOR AMENDMENT NO.3 TO THE PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL AND STORM WATER QUALITY COMPLIANCE SERVICES BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND.WOOD ENVIRONMENT&INFRASTRUCTURE SOLUTIONS,INC. (FORMERLY AMEC FOSTER WHEELER ENVIRONMENT AND INFRASTRUCTURE, INC.) CITY OF SAN JUAN C PISTRANO WOOD ENVIRONMENT& Approved By: 4. INFRASTRUCTURE SOLUTIONS, INC. B, pmifrege City Ma ager Signature 7/./ .00045 vo, Date Name - AS So c Idtze PA?6 /1/AA'46e‘e Att Cif Title - ' 7A Z6, 20 09 ri orrisiCi I lerk Date Approved As To,Form ,•0160"."7 - City,' •rney • Page 3 of 3 6114102100131239868.1