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Attachment 5 - Amendment No. 1 with ERSC

Mayor and City Council
August 6, 2025

Document
Attachment 5 - Amendment No. 1 with ERSC
Meeting
August 6, 2025
Body
Mayor and City Council
Original file
764 KB
Text extracted from the city's file for reading and search. Open the original on sanbernardino.primegov.com. That file is the official record.

Exhibit 'A'

FIRST AMENDMENT
TO THE

CONTRACTOR SERVICES AGREEMENT
City of San Bernardino
Engineering Resources of Southern California, Inc.

CITY: CITY OF SAN BERNARDINO
290 North "D" Street, 3rd Floor
San Bernardino, California 92401
CONSULTANT: Engineering Resources of Southern California, Inc. 1861 W. Redlands Blvd
Redlands, CA 92373
SERVICES: Professional Engineering Services to Provide Environmental and Civil Engineering Design Services for the State Street Extension Phase 1 between Baseline Street and 16th Street. (SS04-009)
AMOUNT: $229,211.00 (as amended)
EXPIRATION DATE: Until completion of the Scope of Services or December 31, 2020, whichever is the earliest
MANAGING DEPARTMENT: Public Works
Packet Pg. 411
Exhibit 'A'

FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE

CITY OF SAN BERNARDINO AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

First Amendment to the Consultant Services, dated as of December 04 16, 2019 (the "Amendment"), between the City of San Bernardino, a charter city and municipal corporation organized under the Constitution of the State of California ("City"), and Engineering Resources of Southern California, Inc. (Contractor," and together with City, the "Parties," and each, a "Party").

WHEREAS, the Parties have entered into an Agreement, dated as of December 05, 2018, 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, the Parties hereto 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. Definitions. Capitalized terms used and not defined in this Amendment have the respective meanings assigned to them in the Existing Agreement.

2. Amendments to the Existing Agreement. As of the Effective Date (defined below), the Existing Agreement is hereby amended or modified as follows:

ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Verbatim) "E"
is amended to replace the term
The total amount payable by LOCAL AGENCY shall not exceed $204,533 with
The total amount payable by LOCAL AGENCY shall not exceed $229,214

3. 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 Packet Pg. 412
Exhibit 'A'
Eitective 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 this Amendment.

IN WITNESS WHEREOF, this Agreement is executed by City
and Contractor acting by and through their authorized officers.

CITY OF SAN BERNARDINO: Engineering Resources of Southern California, Inc.:

Date: 811281202520
By: _
Teri Ledoux, City Manager
Its:PREspa
APPROVED AS TO FORM:

Gary D. Saenz, City Attorney
GameD Same
By:

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