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AMENDMENT NO. 1 TO
THE DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARICHITECTS - PLANNERS, INC. FOR THE
SECCOMBE LAKE PARK REVITILIZATION PROJECT
This Amendment No. 1 to the Design Services Agreement is made and entered into as of March 20, 2024 ("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 ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated, September 21, 20 22, for the purpose of design services for the Seccombe Lake Park Revitalization P roject ( the "Original Agreement") .
B. WHEREAS, the Parties now desire to amend the Original Agreement in to include additional services 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. 1 and the Original Agreement, as previously a mended, the Parties mutually agree a s 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 Scope of Services for the Original Agreement is hereby amended to include additional services as more particularly described in Exhibit “A -1”, attached hereto to this Amendment No. 1 and incorporated herein by this reference.
3. Compensation. The total not to exceed compensation amount shall be increased by Fifty-Three Thousand Dollars ($53,000) increasing the total not to exceed compensation amount from Five Hundred Thirty -Seven Thousand Eight Hundred Fifty-Five Dollars ($537,855) to Five Hundred Ninety Thousand Eight Hundred Fifty-Five Dollars ($590,855).
4. Full Force . Except as amended by this Amendment No. 1, all provisions of the Original Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81 -2-
force and effect and shall govern the actions of the Parties under this Amendment No. 4.
5. 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. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in
counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81 -3-
SIGNATURE PAGE TO
AMENDMENT NO. 1 TO
DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: RHA LANDSCAPE
ARCHITECTS PLANNERS, INC.
Charles A. Montoya,
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP
City Attorney
Title
DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81 Doug Grove
President
EXHIBIT A-1
SCOPE OF ADDITIONAL SERVICES
[ATTACHED}
DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81 DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81 DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81