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23-0606_INTERWEST CONSULTING GROUP_Amd 1 to Professional Services AgreementAMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND INTERWEST CONSULTING GROUP, INC. 1. Parties and Date. This Amendment No. 1 to the Professional Services Agreement is made and entered into as of this 6th day of June 2023, 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 30448 Rancho Viejo Road, San Juan Capistrano, California 92675 (“City”) and Interwest Consulting Group, Inc., a California company, with its principal place of business at 1 Jenner, Suite 160, Irvine, CA 92618 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Contractor. The City and Contractor have entered into an agreement entitled “PROFESSIONAL SERVICES AGREEMENT” dated July 1, 2021 (“Agreement”) for the purpose of retaining the services of Contractor to provide traffic engineering and professional engineering services. 2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to extend the Professional Services Agreement for traffic engineering and professional engineering services at the pricing shown on Exhibit A for an additional two- year term beginning July 1, 2023 and ending June 30, 2025. All other terms and conditions will remain the same as noted in the Agreement. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of the Agreement. ATTACHMENT 3 - Page 1 of 4 3. Terms. 3.1 Renewal Term. The term of the Agreement is hereby extended for one (1), two (2) year renewal commencing July 1, 2023 to June 30, 2025, i.e., the First Renewal Term unless earlier terminated as provided herein. 3.2 Renewal Term Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Amendment during the First Renewal Term at the rates set forth in Exhibit “A” (attached hereto and incorporated herein by reference). 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain 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. 3.4 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. 1. 3.5 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] ATTACHMENT 3 - Page 2 of 4 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND INTERWEST CONSULTING GROUP, INC. CITY OF SAN JUAN CAPISTRANO Approved By: Benjamin Siegelel City Manager Date Atteststeded ByBy: Maria Morris, City Clerk Approved As To Form: City rney INTERWEST CONSULTING GROUP, INC. Signature Name Title Date ATTACHMENT 3 - Page 3 of 4 Paul Meschino President July 13, 2023 07/14/2023 T H O U G H T F U L S O L U T I O N S . T H R I V I N G O M M U N I T I E S . SCHEDULE OF CHARGES/PAYMENTS Consultant will invoice City onon a monthly cycle.Consultant will include with each invoice a detailed progress report that indicates the amount ofof budget spent onon each task.Consultant will inform City regarding any ouou t -ofof -scope work being performed byby Consultant.The rates are effective July 1,1,2023, through June 30, 2025. Position Hourly Rate Professional/Traffic Engineer $1$1 7070 Senior Engineer $140 Associate Engineer $1$1 2525 Assistant Engineer $105 CAD Drafter/Designer $8585 Engineer inin -Training $9595 Administrative Assistant $8$8 5 Construction Manager $125/1 35* Assistant Construction Manager $120/130* Senior Public Works Observer $125/$1 3535* Public Works Observer III $120/$1 3 0* Public Works Observer II $115/$125* Public Works Observer I $110/$120* *Hourly Rate will be charged based on the prevailing rate as determined by Department of Industrial Relations for Public Works Projects pursuant to CA Labor Coe requirements. ATTACHMENT 3 - Page 4 of 4 EXHIBIT A AMENDMENT NO. 1 -- INTERWEST CONSULTING GROUP, INC.