EXHIBIT A
AMENDMENT NO. 3 TO
THE AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL AND
CIVIL ENGINEERING DESIGN SERVICES FOR THE
STATE STREET EXTENSION PROJECT WITH
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
This Amendment No. 3 to the Agreement for Professional Environmental and Civil Engineering Design Services is made and entered into as of June 1, 2022 ("Effective ate), by and between the City of San Bernardino, a charter city and municipa orporation ("City) and Engineering Resources of Southern California, Inc. (ERSC), Califomia company ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
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 "Master Agreement").
WHEREAS, the City and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated December 4, 2019, for the purpose of including additional funds for the performance of services under the Master Agreement.
WHEREAS, the City and the 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 Master Agreement.
WHEREAS, the agreement with ERSC has expired and needs to be extended to December 31, 2024, in order to complete the additional services required by the Department of Water Resources,
WHEREAS, the Parties now desire to amend the Master Agreement in order to alter the term provisions to provide compensation for additional design services .. .
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 3 and the Master Agreement, the Parties mutually agree as follows:
AGREEMENT
Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
Packet Pg. 406
Services. The Scope of Services for the Master Agreement is hereby amended to include services required to address comments provided by the California Department of Water Resources. The additional services are more fully described in Exhibit "A" - Scope of Services for ERSC.
3. Amendment to Section 6 - Term. Section 6 - Term of the Master Agreement shall be amended to read as follows:
Term. This Agreement shall commence on the Effective Date and continue through December 31, 2024, unless the Agreement is earlier terminated as provided for herein ("Term").
5. Compensation. The total not to exceed compensation amount shall be increased by Thirty-One Thousand Two Hundred Forty-Eight Dollars ($31,248.00) increasing the total not to exceed compensation amount from Two Hundred Thirty-Five Thousand Two Hundred Sixty-Two Dollars ($235,262.00) to Two Hundred Sixty-Six Thousand Five Hundred Ten Dollars ($266,510. 00).
Full Force. Except as amended by this Amendment No. 3, all provisions of the Master 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. 3.
Electronic Transmission. A manually signed copy of this Amendment No. 3 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. 3 for all purposes. This Amendment No. 3 may be signed using an electronic signature.
8. Counterparts. This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGEJ
Packet Pg. 407
SIGNATURE PAGE FOR
AMENDMENT NO. 3 TO THE PROFESSIONAL ENVIRONMENTAL AND
CIVIL ENGINEERING DESIGN SERVICES AGREEMENT
FOR THE STATE STREET EXTENSION PROJECT
WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 3 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO CONSULTANT
PPROVED BY: ENGINEERING RESOURCES OF
1+1 tele SOUTHERN CALIFORNIA, INC.
Robert D. Field,
City Manager Signature
APPROVED AS TO FORM: Name
PRESIDENT
Best Best & Krieger LIP Title
City Attorney
Packet Pg. 408