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Interwest Consulting Group Inc-2021-27 AMENDMENT NO. I TO AN AGREEMENT FOR CONTRACT:SERVICES BY AND BETWEEN THE .CITY OF GRAND TERRACE AND INTERWEST : CONSULTING-GROUP,INC.FOR ON-CALL ENGINEERING SERVICES This AMENDMENT NO.�1 TO AN AGREEMENT`FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE. AND. INTERWEST CONSULTING GROUP;. INC. FOR .ON-CALL . :ENGINEERING SERVICES ("Amendment No.. 1") by and between the CITY OF .GRAND TERRACE C'City") and INTERWEST CONSULTING GROUP, INC. ("Consultant") is effective as of the 10"' day of August 2021. RECITALS A. The City entered. into,that- certain Agreement for Contract Services By And Between the City Of Grand Terrace And Interwest Consulting Group for On-Call Engineering Services, dated July 14,2020 C'Agreement"). B. Total compensation:to the ConsultaiT f_or: on-call engineering services rendered pursuant to the Agreement;is.$50,000. C. The term of the Agreement is two years from.the date thereof with the City being able to extend the Agreement by one year. D. Pursuant to'the Agreement, the Consultant provided on-call engineering services to the City to develop construction,plans and specifications for the recently;completed citywide road-rehabilitation project, concrete repairs,:as -well as traffic.engineering assistance ;and traffic impact analysis and Water Quality Management Plan review for proposed developments. E. As a consequence of the above-mentioned on-call engineering services, the Agreement only has$3;217 remaining. F. It:is"anticipated that Consultant's on-call engineering services will continue to be needed for projects within the City, which may- include; but is not limited to, the.following: preparation for the next phase of the pavement management program for the 2021-2022 fiscal year, HSIP Cycle $,project closeout(Mt.Vernon corridor intersection improvement project) and HSIP Cycle 9 Guardrail installation: G. In order to ensure that adequate funds are available, the total compensation to Consultant under the Agreement must be increased by$50,000. H. The parties now therefore desire to increase. Consultant's total compensation under the Agreement by$50,000 for a total of$100,0.0.0. TERMS 1. Amendments to Agreement.The Agreement is amende&as provided as follows: 01247.00061730693.1 1.1 Section 2.1 (Contract Sum) of the Agreement is hereby_ :modified as follows(strilc�x�gh represents deleted language while bold italics:represents added language): "Subject to.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, including reimbursement for actual ,expenses, shall not exceed = - -One Hundred'Thousand Dollars ($100,600) (the "Contract Sum"), unless additional compensation is approved:pursuant to Section 1.8." 1.2 Section V of Exhibit "C" is hereby modified as: follows (stril etle represents deleted language whilebold italics represents added language): "The.total compensation for the Services,shall not exceed.$50,900 $100,000 for the term of this Agreement; as provided in,Section 2.1 of this.Agreement." 2. -Continuing Effect'of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement, as amended by Amendment No._1,shall remain unchanged sand in full force and effect: From and after the date of this Amendment, whenever• the team "Agreement" :appears in the Agreement, it shall mean the Agreement, as amended .by Amendment No. 1. 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 ari"sing under the Agreement:.Each party represennts 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. 1, 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. 1, 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 Aniendmeiit.No. 1. 5. Authority. The persons executing this.Amendment No. 1 on behalf of the.parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to 01247.0006/730693.1: execute. and deliver this Amendment No. 1 on, behalf of said parry, (iii) by so executing this Amendment No. 1, such.-party is formally bound to.the provisions of the Agreement; as amended and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to.which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 01247.0006/730693.1 IN WITNESS WHEREOF: the parties hereto have executed this Amendment No. 1 on the date and year first-above written. CITY: CITY OF GRAND TERRACE, a municipal corpo ati.o.n yoi��,4�?F_/vt �iL4 14u.55j Y� �TTEST: ebra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE& Adrian R: Guerra, City Attorney CONSULTANT: - - Interwest Consulting Group,Inc. By: - Name: Thomas Brackett Title: EO By: Na e: Avner Alkhas Title:CFO Address: 1500 S. Haven.Avenue, Suite 220 Ontario, CA 92761 Tel: 909-295-3142 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. 01247.000030693.1 i .,'+ . � - ,,� � :l, \ � .I � , `{ �'�( i � f' ( ` 4 i � �l � i � i�� �� • :�, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 C- A e-O COUNTY OF O �A On �-/ , 2021 before me, A� eVJ e, 11���;-personally appeared,f)vr,.c�_. .. proved Iro me on the basis of satisfactory evidence'to be the person(s) whose names(s)' s%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/theii signature(s) on:the instrument theperson(s), or the entity upon behalf o0which the person(s) acted,executed the instrument. I certify under PENALTY OF, PERJURY under the laws of.the State of a that the foregoing paragraph is true and correct. MICHELLE ANDAIKEN ,WITNESS ' hand and official seal. NOTARY PUBLIC STANOTARY ID 202Signature: ,f .) ::. MY COMMISSION EXPI OPTIONAL Though the data:below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT . . ❑ INDIVIDUAL CORPORATE OFFICER TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(_S)F❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES- TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: _ _ (NAME OF PERSON(S) OR ENTITY(IES)) SIGNERS) OTHER THAN NAMED ABOVE 01247.0006/730693.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 C4449MQA Ge COUNTY OF S O 2021 before me, Mi rl-jale 2±L,�qqnrsonallY ppr a eaed')o � .. .. . . . provedtd me `on the basis of satisfactory evidence to be the persons) ;whose names(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 signatures) 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 a that the foregoing paragraph is true and correct. WITNESS my hand and official seal. F HELLE ANNE AIKEN . LIC-STATE OF COLORADO RY ID 20214002066 ION EXPIRES JAN 15, 2025 Signature: OPTIONAL Though the data below is,not required by raw, it may prove valuable to persons:relyirig on the document and.could prevent fraudulent reattachment.of this form. CAPACITY CLAIMED BY SIGNER. DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE.OF DOCUMENT ❑. PARTNER(S).❑ LIMITED M. GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES " TRUSTEE(S) GUARDIAN/CON_ SERVATOR ❑ OTHER •DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)} SIGNER(S) OTHER THAN NAMED ABOVE 01247.0006/730693.t