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16-0301_MICHAEL BAKER INTERNATIONAL, INC_1st Amd to Professional Services AgreementAMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAJN JUAN CAPISTRANO AND MICHAEL BAKER INTERNATIONAL, INC. 1. Parties and Date. TMsAmendment No. 1 to the Professional Services Agreement is made and entered into as of this /^day of March, 2016, hy 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 Michael Baker International, Inc., a Pennsylvania Corporation with its principal place of business at Airside Business Park, 100 Airside Drive, Moon Township, PA 15108 ("Consultant"). City and Michael Baker International, Inc. 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," dated January 26, 2016 ("Agreement") for the purpose of retaining the services of Consultant to provide Planning development project management services. 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to increase the not-to-exceed compensation amount. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of the Agreement. 3. Ternas. 3.1 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as follows: 2. Compensation. a. Subject to paragraph 2(h) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B," attached hereto and iacorporated herein by reference. Page 1 of2 b. In no event sball tbe total amount paid for services rendered by Consultant under tins Agreement exceed tbe sum of $ 125,000. Consultant sball not perfonn services requiring tbe use of Contingency funds witbout tbe City's prior approval, wbicb sball not be um-easonably witlibeld, delayed or conditioned. Tbis amount is to cover all printing and related costs, and tlie City will not pay any additional fees for printing expenses, except as otberwise autborized under tbis Agreement. Periodic payments sball be made witbin 30 days of receipt of an invoice wbicb includes a detailed description of tbe work performed. Payments to Consultant for work perfonued will be made on a montbly billing basis. 3.2 Continuing Effect of Agreement. Except as amended by tbis Amendment No. 1, all otber provisions of tbe Agreement remain in full force and effect and sball govern tbe actions of tbe parties under tbis Amendment No. 1. From and after tbe date of tbis Amendment No. 1, wbenever tbe tenu "Agreement" appears in tbe Agreement, it sball mean tbe Agi-eement as amended by tbis Amendment No. 1. 3.3 Adequate Consideration. Tbe Parties bereto iiTevocably stipulate and agree tbat tbey bave eacb received adequate and independent consideration for tbe perfonuance of tbe obligations tbey bave undertaken pursuant to tbis Amendment No. 1. 3.4 Severability. If any portion of tbis Amendment No. 1 is declared invalid, illegal, or otberwise unenforceable by a court of competent jurisdiction, tbe remaining provisions sball continue in full force and effect. CITY np SAN JUAN CAPISTRANO Approve i By: Pam Patterson, Esq. Mayor Date Attestefi^:, MarikMorris, City Approved As To Form: City Attorney M MICHAEL BAKER INTERNATIONAL, INC. Signature Naiue Title .2/1-, •Or Date Page 2 of2