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Willdan Engineering 2023-07AMENDMENT NO.2 TO AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF GRAND TERRACE AND WILLDAN ENGINEERING FOR ON -CALL ENGINEERING SERVICES This AMENDMENT NO 2 TO THE AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND WILLDAN ENGINEERING FOR ON -CALL ENGINEERING SERVICES ("Amendment No 1") by and between the CITY OF GRAND TERRACE ("City") and WILLDAN ENGINEERING, a California corporation ("Consultant") is effective as of the 14th day of February, 2023 RECITALS A The City and Consultant entered into that certain Agreement for Contract Services By and Between the City of Grand Terrace and Willdan Engineering for On -Call Engineering Services, dated July 14, 2020, with a total compensation of $50,000, and for a term of 2 years that may be extended by the City by 1 year ("Agreement") B By Amendment No 1 approved on February 8, 2022, the City and Consultant extended the term of the Agreement from July 14, 2022, to July 14, 2023 and, further, increased the total compensation of the Agreement from $50,000 to $93,290 C By this Amendment No 2, the City and Consultant desire to reduce the term of the Agreement from July 14, 2022, to June 30, 2023 and, further, desire to increase the total compensation of the Agreement from $93,290 to $158,290 Contract Amendments The Agreement is amended as provided herein 11 Section 2 1 (Contract Sum) is hereby amended as follows (strileethreugh represents deleted language while bold italics represents added language) "Subject to any limitation 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, including reimbursement for actual expenses, shall not exceed Ninety Thfee rrh,.,,san •r.w u,,..a,.ea Ninety Dollars ($9 tom One Hundred Fifty Eight Thousand Two Hundred Ninety Dollars and No Cents (the "Contract Sum"), unless additional compensation is approved pursuant to Section 18 " 1.2 Section V of Exhibit "C" (Schedule of Compensation) is hereby amended in its entirety and shall now read as follows "The total compensation for the Services shall not exceed $158,290 for the term of this Agreement, as provided in Section 2 1 of this Agreement " 01247 0006/763795 1 as follows 13 Section 3 4 (Term) of the Agreement is hereby amended and shall now read "Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall expire on June 30, 2023 " 2 Continuing Effect of Agreement. Except as amended by this Amendment No 2, all provisions of the Agreement shall remain unchanged and in full force and effect From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendment No 2 3 Affirmation of Agreement, Warranty Re Absence of Defaults City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement Each parry 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 No 2, 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 No 2, Consultant 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 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 5 Authority The persons executing this Amendment No 2 on behalf of the parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No 2 on behalf of said parry, (iii) by so executing this Amendment No 2, such parry is formally bound to the provisions of the Agreement, as amended and (iv) the entering into this Amendment No 2 does not violate any provision of any other agreement to which said party is bound [SIGNATURES ON FOLLOWING PAGE] 01247 0006/763795 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No 2 on the date and year first -above written EST 4_� P '�LA i ebra Thomas, 1ty Clerk APPROVED AS TO FORM ALESHIRE & ER, P Adrian R Guerra, City Attorney See attached certificate CITY CITY OF GRAND TERRACE, a mumcipal co oration ill Hussey, Mayor CONSULTANT WILLDAN ENGINEERING, a Colorado corporation By Names a uno z Title--�rc-9 d�P�►'1 '�' By Namei4z;7-)k� Title Address 2401 E Katella Ave , #300 Anaheim, CA 92806 NOTE CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. 01247 0006/763795 1 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California 1 County of J} On personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing a Notary Public California = paragraph is true and correct Orange County Commissioni H 2371197 WITNESS my hand and official seal My Comm Expires Aug 17 2025 Signatu Place Notary Seal and/or Stamp Above Signature of o , Pub/ c A 11TI/��I A I Completing this information can deter alteration of the document or fraudulent reattachment form of anunintended docum,v_t Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Clai ed by Signer s) Signer's Name 2u Oa Signer's Name �� 1 �.1 G�Z�ZGl✓ ❑ Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee Guar ian or Conservator ❑ Trustee ❑ Guardian or Conservator Q Other 2"Other Signer is Representing Signers Representing ©2019 National Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of—/%��/�,� On DatE personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument JANINE SEVENING �i Notary Public California L' o Orange County Commisslon k 2371197 `';•"� My Comm Expires Aug 17 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document Description of Attached DocumentAW4* �r,"lo 2 2�"'AV`�ira`,fi�i.�ictc� Title or Type of Document Aemza Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed b Sign Signer's Name UL ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee �� ❑ Guardian or Conservator te/�F, ther .[/. Az Signer is Representing l 02019 National Notary Association Number of Pages Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ElGuardian or Conservator Ci Other Signer is Representing