16-1117_LSA ASSOCIATES, INC_Professional Servies Agreement Second AmdAMENDMENT NO.2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
LSA ASSOCIATES, INC.
1. Parties and Date.
This Amendment No. 2 to the Professional Services Agreement is made and entered into as
of this ~ day of Nol/.rJmh2.r , 2016, 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 LSA
Associates, Inc., a California Corporation with its principal place of business at 20 Executive Park,
Suite 200, Irvine, CA 92614. 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" dated February 22, 2016 ("Agreement") for the purpose of
retaining the services of Consultant to prepare an Environmental Impact Report (EIR) Addendum for
the proposed 24 Hour Fitness Center Project, Architectural Control (AC) 14-022.
2.2 Amendment No. I. On February 22, 2016, the City and Consultant entered into
Amendment No. 1 to the Agreement (Amendment No. 1) to increase the not-to-exceed
compensation amount in order to compensate Consultant for AB 52 Native American Consultation
services identified as an Optional Task in both Exhibit "A" (Scope of Services) and Exhibit "B"
(Schedule of Charges) to the Agreement.
2.3 Amendment Purpose. The City and Consultant now desire to amend the Agreement
to increase the not-to-exceed compensation amount in order to compensate Consultant for additional
coordination, comments and edits on the draft document from the applicant's team, as well as
revisions to the Traffic Impact Analysis (TIA) and Parking Study causing revision to the Draft
Addendum.
2.3 Amendment A uth ority . This Amendment No. 2 is authorized pursuant to Section 3 of
the Agreement.
Page 1 of3
61147.02100\24464451,1
3. Terms.
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(b) below, the City shall pay for
such services in accordance with the Schedule of Charges set forth in
Exhibit "B."
b. In no event shall the total amount paid for services
rendered by Consultant under this Agreement exceed the sum of
$39,180. 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 work performed.
Payments to Consultant for work performed will be made on a
monthly billing basis.
3.3 Cont inuing 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 Severability. 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 PageJ
Page 2 of3
61147.02100\24464451.1
SIGNATURE PAGE FOR AMENDMENT NO.2 TO PROFESSIONAL SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND LSA ASSOCIATES, INC
CITY OF SAN JUAN CAPISTRANO LSA ASSOCIATES, INC.
Approved By:
Sig ure
f...._es Ca.rd.
II-' 17-tt Name
Date
Title c I
Date
Approved As To Form:
~ z /-:7 __....----.,
Page 3 of3
61147 .02100\24464451.1