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.
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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
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