AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
PROVISION OF PROFESSIONAL DESIGN CONSULTING SERVICES WITH GROUP 4, ARCHITECTURE, RESEARCH + PLANNING, INC.
This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the 7th day of November 7, 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and GROUP 4, ARCHITECTURE, RESEARCH, + PLANNING INC., a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective September 20, 2022, through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Agreement provides for two years and ten months of service through July 4, 2025, (iii). The Parties now seek to amend the Agreement to increase compensation by an additional $1,395,000 for the period of November 7, 2023, through July 4, 2025, to provide for the final architectural and engineering design of the senior/community center during the remainder of the contract term.
(iv.) The Parties understand that the amendment to the Agreement is made expressly contingent upon the execution of an amendment to the property lease agreement between the CITY and the County of Orange, authorizing the CITY to utilize additional County Park land to construct at least two hundred and twenty-five additional parking spaces for the proposed Community/Senior Center facility at Tri -City Park or a mutually agreed upon alternate site plan. (v.) CONSULTANT understands and agrees that no work shall be performed under this Amendment until the amendment to the lease agreement between the CITY and the County of Orange is finalized, and a notice to proceed is issued by the City Administrator or his designee. (vi.). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 2.1, Paragraph 1 of the Agreement is hereby amended to read as follows:
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Contractor's total compensation shall not exceed One Million Nine Hundred and Ninety -Three Thousand Seven Hundred and Sixty Dollars ($1,993,760).
2.. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
4. The Agreement, all amendments together with this Amendment No. 1 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No.1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 1 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 1 to the Professional Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By: By:
Dawn Merkes, AIA Damien R. Arrula
President City Administrator
ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney