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AMENDMENT NO. 4
TO THE PROFESSIONAL SERVICES AGREEMENT
SP-32-PW-18
BETWEEN
THE CITY OF FONTANA
AND
BMLA, INC.
1. Parties and Date.
This Amendment No. 4 to the Professional Services Agreement is made and entered into as of this 13th day of December, 2022 by and between the City of Fontana (“City”) and BMLA, Inc., a Corporation with its principal place of business at 310 North Joy Street, Corona, California 92879.
City and BMLA, Inc. are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled “Professional Services Agreement Landsc ape Design and Park Development Services ” dated April 24, 2018 (“Agreement”) for the purpose of reta ining the services of Consultant to provide Professional Design Services for the South Fontana Park.
2.2 Amendment Purpose . T he City and Consultant desire to amend the Agreement to “revise the scope of services, increase the not -to-exceed compensation amount and extend the contract term date.”
2.3 Amendment Authority . This Amendment No. 4 is authorized pursuant to Section
3.3.4 of the Agreement.
3. Terms.
3.1 Amendment. Section 3.1.1 of the Agreement is hereby amended in its entirety to read as follows:
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incident al customary work necessary to fully and adequately supply the professional Landscape Design a nd Park Development Services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and inc orporated herein by reference. All Services shall be subject, and performed in accordance with, this A greement, the exhibits attached heret o and inc orporated herein by
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reference, and all applicable local, state, and federal laws, rules and regulations.
3.2 Amendment. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
3.3.1 Compensation. Consultant shall receive compensation, including au thorized reimbursements, for all Serv ices rendered under this Agreement at the rates set for in “Exhibit A” attached hereto and incorporated herein by reference. Amendment No. 4 is authorized in the amount of Nine Thousand Dollars and Zero Cents ($ 9,000.00). The t otal compensation shall not exceed Three Hundred Thirty-seven Thousand, Five Hundred Thirty-seven Dollars and Sixty-nine cents ($337,537.69) without written a pproval of Cit y’s Engineering Manager. Extra work may be authorized, as described in Section 3.3.4 i n the original Agreement ; and if authorized said Extra Work will be compensated at the rates and manner set forth in the original Agreement.
3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.
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 Amendment No. 4.
3.6 Severability. If any portion of this Amendment No. 4 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]
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SIGNATURE PAGE TO
AMENDMENT NO. 4
DESIGN SERVICES AGREEMENT
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
WLC ARCHITECTS, INC.
By: ______________________________
Kelley Needham
Chief Financial Officer
Attest:
By:
Germaine McClellan Key, City Clerk
Approved as to form:
_______________________________
Best Best & Krieger LLP
City Attorney
By: ______________________________
Phillip Burum
Deputy City Engineer
By: ______________________________
Gia Kim
Director of Public Works/City Engineer
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES
Jessica Brown
Management Services Department
Purchasing