SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RIALTO
AND
TKE engineering, inc
1. Parties and Date.
This Second Amendment to the Professional Services Agreement (“Second Amendment”) is made and entered into this May 26, 2022, by and between the City of Rialto (“City”) and TKE Engineering, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.
2. Recitals.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated June 11, 2019, (“Agreement”), whereby Consultant agreed to provide professional services to the City related to “On-Call” Construction Management, Inspection and Materials Testing Services for $100,000 in Fiscal Year 2019/2020 and $100,000 in Fiscal Year 2020/2021 for a total amount of $200,000.
2.2 First Amendment. On May 25, 2021 the City and Consultant entered into the First Amendment to include additional tasks for the project, to extend the term of the Agreement, and to increase the total amount of compensation for the Agreement for a total amount of $279,600.
2.3 Second Amendment. City and Consultant desire to amend the Agreement by this Second Amendment to extend the term of the Agreement, and to increase the total amount of compensation for the Agreement.
3. Terms.
3.1 Payment Terms. The following paragraph is hereby added to Section 3 of the Agreement:
“Consultant shall be compensated for the additional services included in the Second Amendment to the Agreement as set for in “Exhibit A”, attached hereto and incorporated herein by this reference, which shall not exceed $100,000 (One Hundred Thousand Dollars and Zero Cents). The total compensation to the amended Agreement shall not exceed $484,460.00 (Four Hundred Eighty Four Thousand Four Hundred Sixty Dollars and Zero Cents).”
3.2 Time for Performance. The following paragraph is hereby added to Section 4 of the Agreement:
“The additional services included in the Second Amendment to the Agreement as set for in “Exhibit A”, attached hereto and incorporated herein by this reference, shall begin immediately upon the City Council’s approval of the Second Amendment and shall continue through June 30, 2023.”
3.3 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
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 Second Amendment.
3.5 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
3.6 Conflict of Interest. Pursuant to Rialto Municipal Code section 2.48.145, Contractor represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the City by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Contractor attests under penalty of perjury, personally and on behalf of Contractor, as well its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in California Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.
3.7 Corporate Authority. The persons executing this Second 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 Second Amendment on behalf of said party, (iii) by so executing this Second Amendment, such party is formally bound to the provisions of this Second Amendment and (iv) the entering into this Second Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS THEREOF, the parties have caused their authorized representative to execute this agreement the day and year second above written.
CITY OF RIALTO
TKE Engineering, inc.
By:
By:
Marcus Fuller
Signature
City Manager
Printed Name
Attest:
Title
By:
Barbara McGee
City Clerk
By:
Signature
Approved as to Form:
Printed Name
Burke, Williams & Sorensen, LLP
Title
By:
Eric S. Vail
**Two signatures are required if a
City Attorney
corporation**
3 1