AMENDMENT NO. 2 TO
DESIGN SERVICES AGREEMENT
WITH ONWARD ENGINEERING
(MT. VERNON STORM DRAIN PROJECT)
This Amendment No. 2 to the Design Services Agreement is made and entered into as of May 6, 2026 ("Effective Date") by and between the City of San Bernardino, a charter city and municipal corporation ("City") and Onward Engineering, a sole proprietorship ("Consultant"). City and Consultant are sometimes referred to hereir individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated May 5, 2021, for the purpose of providing design services for the Mt. Vernon Storm Drain project (the "Original Agreement").
WHEREAS, the City and the Consultant have entered into an Amendment No. 1 to the Original Agreement, dated January 17, 2024, for the purpose of including additional services, amending the term provisions, and to include additional funds for the performance of services under the Original Agreement.
C. WHEREAS, the Parties now desire to amend the Original Agreement in order to extend the term of the Original Agreement and include additional funds for the continued performance of the services in accordance with the compensation provisions of the Original Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 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. Term. The term of the Original Agreement shall continue through the completion of services as set forth in Exhibit "A" or until December 30, 2026, whichever occurs earlier, unless the Original Agreement is earlier terminated.
Compensation. The total not to exceed compensation for services performed pursuant to this Amendment No. 2 shall not exceed Six Thousand Nine Hundred Dollars ($6,900), thereby increasing the total not to exceed compensation of the Original Agreement to the amount of One Hundred Seventy-One Thousand Four Hundred Thirty-Nine Dollars and Fifty Cents ($171,439.50). Work shall be performed at the rates set forth in the Original Agreement.
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4. Full Force. Except as amended by this Amendment No. 2, all provisions of the Original 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. 2.
Electronic Transmission. A manually signed copy of this Amendment No. 2 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. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.
6. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE DESIGN SERVICES AGREEMENT
WITH ONWARD ENGINEERING
(MT. VERNON STORM DRAIN PROJECT)
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: Onward Engineering
Eric Levitt
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP Title
City Attorney