AMENDMENT NO. 5 TO
THE PROFESSIONAL SERVICES AGREEMENT WITH
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA (ERSC)
This Amendment No. 5 to the Professional Services Agreement is made and entered into as of this 6th day of August, 2025 (“Effective Date”), by and between the City of San Bernardino , a California charter city and municipal corporation (“City”) and Engineering Resources of Southern California (ERSC) (“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 Professional Services Agreement, dated December 5, 2018, for the purpose of providing design services for the preparation of plans, specification and estimate for University Parkway Extension between 16th Street and Baseline Street (“Master Agreement”); and B. WHEREAS, o n December 4, 2019, the Mayor and City Coun cil adopted Resolution 2019 -347 approving the First Amendment to the Professional Services Agreement with ERSC to increase compensation by $24,681 for State Street extension.
The amendment addressed requirements set by the Army Corps of Engineers regarding the Lytle Creek Levee, which was not part of the original scope of work.
C. WHEREAS, on September 2, 2020, the Mayor and City Coun cil adopted Resolution 2020 -214 approving the Second Amendment to the Professional Services Agreement with ERSC to increase compensation by $6,048 for State Street extension.
The amendment addressed the request by the Department of Fish and Wildlife to complete a presence-absence survey for the San Bernardino Kangaroo Rat.
D. WHEREAS, on June 1, 2022, the Mayor and City Council appr oved the Third Amendment to the Professional Services Agreement with ERSC to increase compensation by $31,248 for State Street extension. The amendment addressed additional work that was required to receive a permit due to an existing DWR waterline along State Street.
E. WHEREAS, On August 16, 2023, the Mayor and City Council authorized the City Manager to execute Amendment No. 4 to the Professional Engineering Services Agreement with ERSC, adding engineering and construction support services in the amount of $83,485 and increasing the purchase order to a total amount not to- exceed of $349,995 for the University Parkway extension from Baseline Street to 16th Street.
F. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement, 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. 5 and the Master Agreement, as previously amended, 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 that term is defined in the Master Agreement, are hereby amended to include additional services related to the University parkway Landscape Median Improvements Project. The additional services are more fully described in Exhibit “A -1”, attached hereto to this Amendment No. 5 and incorporated herein by this reference.
3. Amendment to Section 6 of the Master Agreement. Section 6 of the Master Agreement shall be amended to read as follows:
“6 Term. The term of this Agreement shall be from the Effective Date through July 31, 202 6 or to the end of construction whichever comes first , unless earlier terminated as provided herein. Consultant 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 Thirty Four Thousand Nine Hundred Eighty Two ($34,982.00) increasing the total not to exceed compensation amount from Three Hundred Forty Nine Thousand Nine Hundred Ninety-Five ($349,995.00) to Three Hundred Seventy Nine Thousand Nine Hundred Seventy Seven ($379,977.00).
5. Full Force. Except as amended by this Amendment No. 5, all provisions of the Master 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. 5.
6. Electronic Transmission. A manually signed copy of this Amendment No. 5 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. 5 for all purposes. This Amendment No. 5 may be signed using an electronic signature.
7. Counterparts. This Amendment No. 5 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR
AMENDMENT NO. 5 TO
THE PROFESSIONAL SERVICES AGREEMENT WITH
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA (ERSC)
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 5 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
ENGINEERING RESOURCES OF
SOUTHERN CALIFORNIA (ERSC)
CONTRACTOR
Signature
Name
Title
Signature
Name
Title
EXHIBIT A-1
SCOPE OF ADDITIONAL SERVICES
[ATTACHED]
Page | 1
REDLANDS | TEMECULA | PALM DESERT
1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
April 2, 2025
Revised May 9, 2025
2nd Revision: May 12, 2025
David Marghezi, Project Manager
City of San Bernardino
Department of Public Works
201 N. “E” Street, 2nd Floor
San Bernardino, CA 92401
RE: Request for Additional Services for the University Parkway Extension from Baseline Street to 16th Street – DWR Permit Processing
Dear Mr. Marghezi,
ERSC is respectfully requesting additional funds for providing Professional Services to cover work already performed at the request of the City of San Bernardino (City) . The service request and associated costs are detailed below.
DWR Permit Plan Review for Landscape and Irrigation Plans and Specifications ERSC prepared a 100% PS&E for University Parkway Extension Project and submitted to the City on 8/15/2024. Prior to advertising the project, the City submitted an encroachment permit application to the Department of Water Resources (DWR). DWR responded back to the City with plan review comments on 11/8/2024. The City forwarded these comments to ERSC on 11/12/2024 and requested ERSC to address the plan review comments.
Because plan revisions for DWR permit processing was not included in ERSC’s contract, ERSC began addressing plan review comments during the preparation of an extra services request in order to meet DWR’s 60 -day resubmittal period. As directed by the City, ERSC billed against Phase 12.3: Construction Phase Services of ERSC’s approved contract during the interim.
Deliverables: DWR PC #2 submittal package with comments addressed, up to three (3) rounds of comments from DWR, and a Final Revised PS&E for the City to bid once a DWR permit is secured. DWR PC #2 submittal deliverables include:
1. Updated and signed landscape/irrigation and civil plan set
2. Updated specifications
3. Traffic control plan
4. Response to DWR PC #1 comments.
5. Utility purveyor contact list
6. Updated encroachment permit application (assumed the City will provide per DWR comment No. 20a)
Page | 2 1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
DWR Permit Processing – Monument Preservation Acknowledgement As part of DWR’s permit plan check process, DWR requires the applicant to sign and certify an “Acknowledgement of Control and Monument Responsibility” form, in which certified that a licensed land surveyor is accepting responsibility for the survey control and monument preservation within the bounds of the Project. The last Corner Record file that was recorded for the monuments within the project area is over 30 years old. The City requested ERSC to provide the survey services needed to complete the monument restoration work and sign DWR’s monument preservation form. ERSC’s survey crew visited the site on May 1 st, 2025 and located some monuments that where recently reset and others tied out but not yet reset. On May 12th, the City notified ERSC that Hunsaker and Associates is the responsible surveyor for re-setting the monuments and their surveyor of record provided the City with a signed DWR acknowledgement form.
Therefore, the City no longer requ ires ERSC’s aforementioned survey services for the project.
This additional services prop osal reflects ERSC’s time spent on survey services to-date, which includes survey research, establishing control, and survey field work on May 1st.
Fee Estimate:
DWR Permit Plan Review Processing $ 25,657
DWR Monument Preservation Survey Services $ 4,325
Total $ 29,982
ERSC is respectfully requesting that the above amounts be authorized to cover the extra services and work already completed. Should you have any questions on the above requested fees, do not hesitate to contact me at [email protected] or at (909) 890-1255.
Respectfully,
Ben Booth, PE
Engineer V