DocuSign Envelope ID: 22A9F6A5-148A-4AA4-979A-95B701163E46 AMENDMENT NO. 4 TO
THE PROFESSIONAL SERVICES AGREEMENT
WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
FOR THE STATE STREET EXTENSION PROJEСT
This Amendment No. 4 to the Professional Services Agreement is made and entered into as of August 16, 2023 ("Effective Date"), by and between the City of San Bernardino, a charter city and municipal corporation ("City") and Engineering Resources of Southern California, 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, December 5, 2018, for the purpose of providing professional environmental and civil design services for the State Street Extension Project (the "Original Agreement").
B. WHEREAS, the City and Consultant have entered into an Amendment No. 1 to the Original Agreement, dated December 4, 2019, for the purpose of including additional funds for the performance of services under the Original Agreement.
C. WHEREAS, the City and Consultant have entered into an Amendment No. 2, dated September 2, 2020, for the purpose of including additional funds for the performance of services under the Original Agreement.
D. WHEREAS, the City and Consultant have entered into an Amendment No. 3, dated June 1, 2022, for the purpose of extending the term of the Original Agreement, adding additional services, and increasing the not- to-exceed amount to provide compensation for those additional services.
E. 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. 4 and the Original Agreement, as previously amended, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and -1-
DocuSign Envelope ID: 22A9F6A5-148A-4AA4-979A-95B701163E46 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. 4 and incorporated herein by this reference.
3. Compensation. The total not to exceed compensation amount shall be increased by Eighty-Three Thousand Four Hundred Eighty-Five Dollars ($83,485) increasing the total not to exceed compensation amount from Two Hundred Sixty-Six Thousand Five Hundred Ten Dollars ($266,510) to Three Hundred Forty-Nine Thousand Nine Hundred Ninety-Five Dollars ($349,995).
4. 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.
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. 4 for all purposes. This Amendment No. 4 may be signed using an electronic signature.
6. 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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DocuSign Envelope ID: 22A9F6A5-148A-4AA4-979A-95B701163E46
SIGNATURE PAGE TO
AMENDMENT NO. 4 TO
DESIGN SERVICES AGREEMENT
WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, 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 CONSULTANT
APPROVED BY:
Charles E. Meлу
Charles E McNeely,
Interim City Manager
APPROVED AS TO FORM:
homas Kice
Best Best & Krieger LLP
City Attorney
ENGINEERING RESOURCES OF
SOUTHERN CALIFORNIA, INC.
Jlin M. Brudin
Signature
John M. Brudin
Name
President
Title
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