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Exhibit 3 - Fifth Amendment to the Professional Services Agreement with Biggs Cardosa Associates Inc.pdf

Corona City Council
November 20, 2024

Document
Exhibit 3 - Fifth Amendment to the Professional Services Agreement with Biggs Cardosa Associates Inc.pdf
Meeting
November 20, 2024
Body
Corona City Council
Original file
775 KB
Text extracted from the city's file for reading and search. Open the original on pub-corona.escribemeetings.com. That file is the official record.

CA\DD\02000.50105\10005846.1
27157.11000\2955190.2

FIFTH AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CORONA
AND

BIGGS CARDOSA ASSOCIATES, INC
(ENVIRONMENTAL, RIGHT-OF-WAY & ENGINEERING DESIGN SERVICES

FOR MCKINLEY GRADE SEPARATION
CITY OF CORONA PROJECT NO. 2012-12/SR-2012-01)

1. PARTIES AND DATE. This Fifth Fifth
made and entered into this ______day of ___________, 2024 by and between the City of Corona Biggs Cardosa Associates, Inc
Fifth Amendment.

2. RECITALS. 2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated July 18, 2018 Civil
Engineering, Environmental, Right-of-way and Engineering Design consulting services.

2.2 Prior Amendment(s). City and Consultant entered into that certain First Consultant entered into that certain Third Amendment to the Professional Services Agreement on Fourth Amendment to the Professional Services Agreement on or about August 2, 2023 Fourth

2.3 Amendment. City and Consultant desire to amend the Agreement for the fifth time to (1) extend the Term of the Agreement through December 31, 2026; (2) increase the Rates - - -
- 3. TERMS. 3.1 Term. Section 3.1.2 (Term) of the Agreement is hereby deleted in its entirety and replaced with the following:
2018 to December 31, 2026
provided herein. Consultant shall complete the Services within the Docusign Envelope ID: 616236D2-06FF-4C06-9183-8D6743EECF01 Docusign Envelope ID: D30DA969-B858-4ADB-B6C4-A540C3E2818E CA\DD\02000.50105\10005846.1
2 (BB&K: 9-10)
27157.11000\2955190.2
Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to section 3.6.8 below (each Agreement.

3.2 Rates & Total Compensation. Section 3.3.1 (Rates & Total Compensation) and - hereby deleted in their entirety and replaced with the following:

Rates & Total Compensation. Contractor shall receive
compensation, including authorized reimbursement, for all Services rendered under this agreement at the rates set forth in - attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Thirteen Million Eight Hundred Nineteen Thousand Four Hundred TwentyExtra Work may be authorized, as described below, and if authorized, will

3.3 - - of the Agreement is hereby
deleted in its entirety and replaced with - attached hereto and incorporated herein by reference.

3.4 Continuing Effect of Agreement. Except as amended by this Fifth Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this Fifth Amendment, whenever the term Agreement appears in the Agreement, it shall mean the Agreement as amended by this Fifth Amendment.

3.5 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 Fifth Amendment.

3.6 Counterparts. This Fifth 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]
Docusign Envelope ID: 616236D2-06FF-4C06-9183-8D6743EECF01 Docusign Envelope ID: D30DA969-B858-4ADB-B6C4-A540C3E2818E CA\DD\02000.50105\10005846.1
3 (BB&K: 9-10)
27157.11000\2955190.2
FOR

FIFTH AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CORONA
AND

BIGGS CARDOSA ASSOCIATES, INC
(ENVIRONMENTAL, RIGHT-OF-WAY & ENGINEERING DESIGN SERVICES

FOR MCKINLEY GRADE SEPARATION
CITY OF CORONA PROJECT NO. 2012-12/SR-2012-01)
IN WITNESS WHEREOF, the Parties have entered into this Fifth Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.

CITY OF CORONA
By: _________________________
Savat Khamphou
Public Works Director/ City Engineer
Reviewed By: _________________________
Keegan Olds
Acting CIP Manager
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest By: _________________________
Sylvia Edwards, City of Corona, CA
City Clerk
Docusign Envelope ID: 616236D2-06FF-4C06-9183-8D6743EECF01 Docusign Envelope ID: D30DA969-B858-4ADB-B6C4-A540C3E2818E CA\DD\02000.50105\10005846.1
4 (BB&K: 9-10)
27157.11000\2955190.2

SIGNATURE PAGE
FOR

FIFTH AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CORONA
AND

BIGGS CARDOSA ASSOCIATES, INC
(ENVIRONMENTAL, RIGHT-OF-WAY & ENGINEERING DESIGN SERVICES

FOR MCKINLEY GRADE SEPARATION
CITY OF CORONA PROJECT NO. 2012-12/SR-2012-01)
IN WITNESS WHEREOF, the Parties have entered into this Fifth Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.

BIGGS CARDOSA ASSOCIATES, INC
a California corporation
By: _________________________
Roy M. Schnabel
President/ Treasurer
Docusign Envelope ID: 616236D2-06FF-4C06-9183-8D6743EECF01 Docusign Envelope ID: D30DA969-B858-4ADB-B6C4-A540C3E2818E

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