AMENDMENT NO. 1 TO
THE DESIGN SERVICES AGREEMENT
WITH LUDWIG ENGINEERING ASSOCIATES INC./JMA ENGINEERING INC. (SIERRA WAY STORM DRAIN PROJECT)
This Amendment No. 1 to the Design Services Agreement is made and entered into as of August 6, 2025 ("Effective Date"), by and between the City of San Bernardino, a California charter city and municipal corporation ("City") and Ludwig Engineering Associates, Inc./JMA Engineering Inc. ("Contractor"). City and Contractor are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, City and Contractor entered into a Design Service Agreement, dated August 16, 2023, for the purpose of providing design services for the Sierra Way Storm Drain Project (the "Master Agreement"); and
B. WHEREAS, the Parties now desire to amend the Master Agreement to reflect a change in Contractor's name to JMA Engineering Inc., in the Master Agreement and all related documents.
WHEREAS, the Parties also desire to amend the Master Agreement in order to extend the term of the Master Agreement until December 30, 2026, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:
TERMS
1. Change to Entity Name. Any and all references to the terms "Ludwig Engineering Associates Inc." or "Contractor" in the Master Agreement shall hereby be changed to refer to "JMA Engineering Inc."
Term. The term of the Master Agreement shall be extended through December 30, 2026, unless earlier terminated.
Compensation. The total not to exceed compensation amount shall be increased by Three Thousand Seven Hundred Twenty-Two Dollars and Seventy Cents ($3,722.70) increasing the total not to exceed compensation amount from Thirty Thousand Eight Hundred Forty-Seven Dollars and Thirty Cents ($30,847.30) to Thirty- Four Thousand Five Hundred Seventy Dollars ($34,570.00). Work shall be performed at the rates set forth in the Master Agreement.
4. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
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. 1.
6. Severability. If any portion of this Amendment No.1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal eftect as delivery of an original executed copy of this Amendment No.1 for all purposes. This Amendment No.1 may be signed using an electronic signature.
Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO
THE DESIGN SERVICES AGREEMENT
WITH LUDWIG ENGINEERING ASSOCIATES INC./JMA ENGINEERING INC. (SIERRA WAY STORM DRAIN PROJECT)
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO CONTRACTOR
APPROVED BY: Ludwig Engineering Associates
Inc./JMA Engineering Inc.
Eric Levitt
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP Title
City Attorney
Signature
Name
Title