Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
19-0905_DUDEK_1st Amd to Professional Services Agreement FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
ANNUAL SEWER REPLACEMENT PROGRAM, CIP 18701
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
between the CITY OF SAN JUAN CAPISTRANO("City")and DUDEK, ("Consultant") is made
and entered into, to be effective the 5 day of a pYO ,r , 2019, as follows:
RECITALS
WHEREAS, the City and Consultant have entered into that Professional Services
Agreement dated January 15,2019 for Construction Management and Inspection Services for
the Annual Sewer Replacement Program, CIP 18701 (the "Agreement"); and
WHEREAS, the City and Consultant desire to amend the terms of the Agreement as
provided hereunder.
AMENDMENT
NOW,THEREFORE, in consideration of the promises and mutual covenants contained
• therein, City and Consultant agree to amend the Agreement as follows:
A. Section 2(b), Compensation is amended to increase the not-to-exceed amount by
$17,600 to a new not-to-exceed amount of$171,300.
B. Section 5, Time of Performance is amended to increase the term for completion of
services by 120 calendar days to a new term for completion of services of 240 calendar days
from the Notice to Proceed.
C. Except as amended by this First Amendment, all other provisions of the Agreement
shall remain in full force and effect and shall govern the actions of the parties under thisFirst
Amendment. From and after the date of this First Amendment, whenever the term
"Agreement"appears in the Agreement, it shall mean the Agreement as amended by this First
Amendment. In the event of any conflicts between•this First Amendment and the terms of the
Agreement, the provisions of this First Amendment shall govern.
D. The parties hereto irrevocably stipulate and agree that they have each received
adequate and independent consideration for the performance of obligations they have
undertaken pursuant to this First Amendment.
E. If any portion of this First Amendment is declared invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in
full force and effect.
SIGNATURE PAGE FOLLOWS
• -1-
540028.1
61147.02100\10229925.1
SIGNATURE PAGE
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
ANNUAL SEWER REPLACEMENT PROGRAM, CIP 18701
CITY OF SAN JUAN APISTRANO
By: kf,s..2/5-
ATTEST (\_ .', /
By:
Clerk
APPROVED AS TO FORM: CONSUL L NT
BY: By: e-Z/-Zol'
ity rney v
Dudek
Frank Dudek
• Chairman/CEO
•
-2-
540028.I
61147.02100 110229925.1