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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