22-0816_CNC ENGINEERING, INC._Amd 2 to Professional Services AgreementAMENDMENT NO.2
TO THE PERSONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
a-kno
CNC ENGINEERING, INC.
1. Parties and Date.
This Amendment No. 2 to the PROFESSIONAL SERVICES AREEMENT is made and
entered into as of this 16th day of August 2022, 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 CNC
Engineering, Inc, a Corporation with its principal place of business at 2121 Alton Parkway, Suite
200, Irvine, -CA 92606, Consultant. City and Consultant are sometimes individually referred to as
"Party" and collectively as "Parties."
2. Recitals.
2.1 The City and Consultant have entered into an agreement entitled "Personal Services
Agreement dated December 13, 2018, ("Agreement") for the purpose of retaining the services of
Consultant to provide Engineering Design and Construction Support Services.
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
revise the Term of the Agreement as indicated on the attached Exhibit A.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 2 of
the Agreement.
3. Terms.
3.1 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as
follows:
In no event shall the total amount paid for services rendered by Consultant under this Agreement
exceed the sum of L289,245. This amount includes a 10% contingency. City's prior approval is
required to use the contingency fees. 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.
Attachment 3
Page 1 of 3
3.2 Amendment. Section 5 of the Agreement is hereby amended in its entirety to read as
follows:
Consultant shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed ("Notice to Proceed").
Consultant shall complete the services required hereunder by December 31, 2022. The Notice to
Proceed shall set forth the date of commencement of work.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No.2, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No.2. From and after the date of this Amendment No.2, whenever the
term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 2.
3.4 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. 2.
3.5 Severabilily. If any portion of this Amendment No. 2 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]
Attachment 3
Page 2 of 3
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND CNC ENGINEERING, INC.
CITY OF SAN JUAN C
Approved By:
B a i i Wr
ity Manager
9 •zz- 22-
By:
2
By:
ISTRANO
CNC ENGINEERING, INC.
'7� ��
Signature
Sean Nazarie
Name
Senior Project Manager
Title
9/16/2022
I --d= Date
Maria Morris, Cfjolerk
Approved As To Form:
City Attorney
Attachment 3
Page 3 of 3