21-0701_WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC._1st Amd to Professional Services Agreement61147.02100\34030963.1
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AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
FOR
GEOTECHNICAL ENGINEERING SERVICES
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
1. Parties and Date.
This Amendment No. 1 to the Professional Services Agreement for Geotechnical
Engineering Services is made and entered into as of this 1st day of July, 2021, 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 3560 Hyland
Avenue, Suite 100, Costa Mesa, CA 92626 (“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 Services Agreement for Geotechnical Engineering Services” dated December
17, 2020, (“Agreement”), for the purpose of retaining the services of Consultant to provide
Seismic Analysis of the Clear Well Tank Foundation.
2.2 Amendment Purpose. The City and Consultant desire to amend the
Agreement to extend the term of the Agreement.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to
Sections 5 and 24 of the Agreement.
3. Terms.
3.1 Amendment. Section 5 of the Agreement is hereby amended in its entirety to
read as follows:
5. Term. The term of this Agreement shall be from December 17, 2020,
to December 30, 2021, unless earlier terminated as provided herein. The Parties
may, by mutual, written consent, extend the term of this Agreement if necessary to
61147.02100\34030963.1
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complete the Services. Consultant shall perform its services in a prompt and timely
manner within the term of this Agreement and shall commence performance upon
receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice
to Proceed shall set forth the date of commencement of work.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No.
1, all other provisions of the Agreement remain in full force and effect and shall govern the
actions of the Parties under this Amendment No. 1. From and after the date of this
Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall
mean the Agreement as amended by Amendment No. 1.
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. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 1 may be signed in counterparts, each of
which shall constitute an original.
[Signatures on Next Page]
(signing as Acting CM)
6/21/21