SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
This Second Amendment is entered this September 2, 2020 (the "Second Amendment") by and between the City of San Bernardino, a charter city and municipal corporation ("City"), and Engineering Resources of Southern California, Inc. ("Contractor," and together with City, the "Parties," and cach, a "Party").
WHEREAS, on December 5, 2018, the City Council approved an Agreement to provide professional engineering services to provide environmental and civil engineering services for State Street Extension Phase 1 between Baseline Street and 16th Street. (SS04-009) (the "Existing Agreement"); and
WHEREAS, on December 4, 2019, the City Council approved the First Amendment to the Existing Agreement; and
WHEREAS, the Parties now desire to amend the Existing Agreement to increase the contract amount on the terms and subject to the conditions set forth herein; and WHEREAS, pursuant to Section 12.12 of the Existing Agreement, the amendment contemplated by the Parties must be contained in a written agreement.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. The above recitals are true and correct and are incorporated herein by this reference.
2. Definitions. Capitalized terms used and not defined in this Amendment have the respective meanings assigned to them in the Existing Agreement,
3. Amendments to the Existing Agreement. Section 4(b) of the Existing Agreement is amended to read in its entirety as follows:
"b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $235,262. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultants' services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty" five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices."
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4. Scope of Work. The Scope of Work of the Existing Agreement is hereby increased to require Consultant to conduct an additional San Bernardino Kangaroo Rat presence-absence survey as required by California Department of Fish and Wildlife.
Date of Effectiveness; Limited Effect. This Amendment will become effective as of the date fully executed by the Parties (the "Effective Date"). Except as expressly provided in this Amendment, all of the terms and provisions of the Existing Agreement are and will remain in full force and effect and are hereby ratified and confirmed by the Parties. Without limiting the generality of the foregoing, the amendments contained herein will not be construed as an amendment to or waiver of any other provision of the Existing Agreement or as a waiver of or consent to any further or future action on the part of either Party that would require the waiver or consent of the other Party. On and after the Effective Date, each reference in the Existing Agreement to "this Agreement," "the Agreement," "hereunder," "hereof," "herein," or words of like import will mean and be a reference to the Existing Agreement as amended by the First Amendment and this Second Amendment.
IN WITNESS WHEREOF, this Second Amendment is executed by City and Contractor acting by and through their authorized officers.
CITY OF SAN BERNARDINO: Engineering Resources of Southern California, Inc.:
Date: / 114 / 2020 Date: / 29 / 2020
By:
Teri Ledoux, City Manager
Its: PRESIDENT
_ APPROVED AS TO FORM:
* Sonia Carvalho, City Attorney
By: 1 e2
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