Project Name/No.: General Plan Check Services Contract No.: 2024-067 (A2) & Other Related Engineering Services
Project Manager: Public Works – Jesus Plasencia Approved: 03.04.2025
AMENDMENT NO. 2
TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and Cannon Corporation, a California Corporation (“Consultant”) is effective as of the 4th day of March, 2025.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated July 1 , 2023 ( “Agreement”) whereby Consultant agreed to provide General Plan Check Services and Other Related Engineering Services.
B. City and Consultant entered into Amendment No. 1 dated July 1 , 2024, to amend the Agreement to increase compensation by $150,000 for an additional fiscal year (2024-2025) of General Plan Check Services and Other Re lated Engineering Services and extend the term of the Agreement.
C. City and Consultant now desire to amend the Agreement to increase compensation by $120,000 for fiscal year (2024 -2025) for additional General Plan Check Services and Other Related Engineering Services.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. (a) Section 2.1, Contract Sum, is hereby revised to increase the Contract Sum by One Hundred Twenty Thousand Dollars and Zero Cents ( $120,000.00) for performance of additional General Plan Check Services and other Related Engineering Services for fiscal year (2024-2025), and shall read in its entirety as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation for the City’s 2024 -2025 fiscal year, including reimbursement for actual expenses, shall not exceed Two Hundred Seventy Thousand Dollars and Zero Cents ($270,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.”
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after 01225.0001/863605.1
the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any ma terial term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the e ntering into this Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01225.0001/863605.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________
Fred Galante, City Attorney Hye Jin Lee, P.E., Director of Public Works
CONSULTANT:
CANNON CORPORATION:
By:
Name: Michael F. Cannon
Title: President and CFO
By:
Name: Lawerence P. Kraemer
Title: Vice President and Secretary
Address: 1050 Southwood Drive
San Luis Obispo, CA 93401
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.