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
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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]
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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
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Title
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Date
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