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AMENDMENT NO. 4 TO
DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
This Amendment No. 4 to the Design Services Agreement is made and entered into as of October 1, 2025 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and RHA Landscape Architects-Planners, Inc., a California corporation (“Designer”). City and Designer are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Designer have entered into an agreement, dated, March 3, 2021, for the professional design of the Nicholson Neighborhood Park Project (the “Original Agreement”).
B. WHEREAS, the City and Designer entered into Amendment No. 1 to the Original Agreement, dated August 3, 2022,
C. WHEREAS, the City and Designer entered into the Amendment No. 2 to the Original Agreement, dated August 2, 2023 which extended the term of the Original Agreement, added additional services, and increased the not-to-exceed amount to provide compensation for those additional services.
D. WHEREAS, the City and Designer entered into the Amendment No. 3 to the Original Agreement, dated November 20, 2024 which extended the term of the Original Agreement, added additional services, and increased the not-to-exceed amount to provide compensation for those additional services.
E. WHEREAS, the Parties now desire to amend the Original Agreement in order to include authorization for additional services that may be needed for the Project, extend the term of the Original Agreement, and to provide compensation for the additional services.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 4 and the Original Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Services. The Services, as defined in the Original Agreement, are hereby expanded to include additional services related to the Nicholson Neighborhood Park Improvements Project. Such additional services may be authorized, as needed, through Task Orders issued under this Agreement. Each Task Order shall be incorporated into and made a part of the Original Agreement, provided that the total compensation for all -2-
Services, including Task Orders, shall not exceed the not-to-exceed amount authorized under the Original Agreement, as amended.
3. Amendment to Section 3.1.2 of the Original Agreement. Section 3.1.2 of the Original Agreement shall be amended to read as follows:
“3.1.2 Term. The term of this Agreement shall be from March 03, 2021 to June 30, 2027, unless earlier terminated as provided herein. Designer shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.”
4. Compensation. The total not to exceed compensation amount shall be increased by One Hundred Thousand Dollars and Zero Cents ($100,000) increasing the total not to exceed compensation amount from Four Hundred Eighty-Four Thousand Eight Hundred Forty-Five Dollars and Zero Cents ($484,845.00) to Five Hundred Eighty-Four Thousand Eight Hundred Forty-Five Dollars and Zero Cents ($584,845.00).
5. Full Force. Except as amended by this Amendment No. 4, all provisions of the Original Agreement, as previously amended, 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. 4.
6. Electronic Transmission. A manually signed copy of this Amendment No. 4 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 4 for all purposes. This Amendment No. 4 may be signed using an electronic signature.
7. Counterparts. This Amendment No. 4 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO
AMENDMENT NO. 4 TO
DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 4 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt,
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
DESIGNER
RHA LANDSCAPE ARCHITECTS-
PLANNERS, INC.
Signature
Name
Title