CA\JR\07000.25100\10264145.1
FOURTH AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
WALLACE & ASSOCIATES CONSULTING, INC.
(PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT AND
CONSTRUCTION INSPECTION SERVICES, RFP 17-051CA)
1. PARTIES AND DATE.
This Fourth Amendment to the Professional Services Agreement (“Fourth Amendment”) is made and entered into this __________ day of __________________, 2022 by and between the City of Corona (“City”) and Wallace & Associates Consulting, LLC, a Delaware limited liability company, as successor in interest to Wallace & Associates Consulting, Inc., a Nevada corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Fourth Amendment.
2. RECITALS.
2.1 Agreement. On or about June 21, 2017, the City and Wallace & Associates Consulting, Inc., a Nevada corporation (“W&A, Inc.”) entered into that certain Professional Services Agreement, as amended for the first time on or about June 19, 2019, for the second time on or about September 2, 2020, and for the third time on or about March 11, 2021 (“Agreement”), whereby W&A, Inc. agreed to provide Project Management, Construction Management and Construction Inspection services on an as-needed basis.
2.2 Consultant’s Name & Ownership Change. On or about October 4, 2021 W&A, Inc. was acquired by Anser Advisory Management, LLC a Delaware limited liability company (“Anser”) and will continue to operate as a fully-owned subsidiary of Anser under the name Wallace & Associates Consulting, LLC, a Delaware limited liability company.
2.3 Amendment. City and Consultant desire to amend the Agreement for the fourth time to (1) change the name of the Consultant from Wallace & Associates Consulting, Inc., to Wallace & Associates Consulting, LLC; and (2) increase compensation by $510,000 for asneeded construction inspection services for fiscal years 2022 and 2023.
3. TERMS.
3.1 Parties and Date. From and after October 4, 2021, all references to “Consultant” in the Agreement shall mean Wallace & Associates Consulting, LLC, a Delaware limited liability company, a fully-owned subsidiary of Anser Advisory Management, LLC, a Delaware limited liability company, with its principal place of business at 2677 North Main Street, Suite 400, Santa Ana, California 92705.
CA\JR\07000.25100\10264145.1
2 3.2 Rates & Total Compensation. Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
"3.3.1 Rates & Total Compensation." Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under the Agreement at the rates set forth in Exhibit “C-3” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed One Million Eight Hundred Eighty-five Thousand Dollars ($1,885,000) during fiscal years ending June 30, 2022 and June 30, 2023 (“Total Compensation”) without written approval of the City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Continuing Effect of Agreement. Except as amended by this Fourth Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Fourth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Fourth 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 Fourth Amendment.
3.5 Counterparts. This Fourth 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.
[SIGNATURES ON FOLLOWING PAGE]
CA\JR\07000.25100\10264145.1
3 CITY’S SIGNATURE PAGE
FOR
FOURTH AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
WALLACE & ASSOCIATES CONSULTING, LLC
(PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT AND
CONSTRUCTION INSPECTION SERVICES, RFP 17-051CA)
IN WITNESS WHEREOF, the Parties have entered into this Fourth Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Joanne Coletta
Planning and Development Director
Reviewed By:
_________________________
Chris Milosevic
Building Official
Reviewed By:
________________________
Scott Briggs
Acting Purchasing Manager
Attest: _________________________
Sylvia Edwards, City Clerk
City of Corona, California
CA\JR\07000.25100\10264145.1
4 CONSULTANT’S SIGNATURE PAGE
FOR
FOURTH AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
WALLACE & ASSOCIATES CONSULTING, LLC
(PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT AND
CONSTRUCTION INSPECTION SERVICES, RFP 17-051CA)
IN WITNESS WHEREOF, the Parties have entered into this Fourth Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
WALLACE & ASSOCIATES CONSULTING, LLC
a Delaware limited liability company
By: _____________________________
Carl Wallace
Senior Vice President