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17-0622_ANDERSON PENNA PARTNERS, INC._Amd No. 1 to Professional Services AgreementAMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ANDERSON PENNA PARTNERS, INC. 1. Parties and Date. This Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT is made and entered into as of this p, day of June, 2017, 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 Anderson Penna Partners, Inc. a CORPORATION, with its principal place of business at 3737 Birch Street Suite 250 Newport Beach, CA 92660 (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 Agreement Services for "Engineering and construction support services dated January 25, 2017 ("Agreement") for the purpose of retaining the services of Consultant to provide engineering and construction support services for the Southbound Camino Capistrano Pavement Repair Project at I-5 FWY Off -Ramp. 2.2 Amendrpent Purpose. The City and Consultant desire to amend the Agreement to revise the scope of services to include Preparation of the Traffic Control Plans per Caltrans requirements and Securing the required Caltrans Encroachment permit and preparation of the construction bid package for this project, and increase the not -to -exceed compensation amount by $12,295. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of the Agreement. 3. Terms. 3.1 Amendment. Section 2b of the Agreement is hereby amended in its entirety to read as follows: 2b. In no event shall the total amount paid for services rendered by Page l of 3 61147.02100\24464451.1 Consultant under this Agreement exceed the sum of $36,177. 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. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1 all other provisions of the Agreement retrain 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 this 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. [Signatures on Next Page] Page 2 of 3 61147.02100\24464451.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ANDERSON PENNA PARTNERS, INC. CITY OF SAN JUAN CAP TRANO Approved Ben Si el City Manage; r Date Att 1� a M ria Harris,_ ty rk Approved As To Form: ty A orney 61147 02100124464451.1 Anderson Penna Partners, Inc. Signature L t s Ar AA. A1414 Name (2><,1n_ &E-0 Title 4,, Izo S 7 Date Page 3 of 3 L9 O H F - z LU U Q D Q OC a a LU z LU w a IL O z a Q U O z a U W J 0 W oX V H W W L6