(5)AR 122110 Engineering Resources Agreement Amendment

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SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND ENGINEERING RESOURCES. 1. PARTIES AND DATE. This Sixth Amendment to the Professional Services Agreement ("Sixth Amendment") is made and entered into this 21" day of December 2010 by and between the City of Colton ("City") and Engineering Resources of Southern California Inc. ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Sixth Amendment. 2. RECITALS. 2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated March 16, 2004 ("Agreement"), whereby Consultant agreed to provide design services for the 3-5 Storm Drain Project. City and Consultant amended the Agreement for the first time on July 16, 2007 to include design changes and to increase the scope of compensation. On March 18, 2008, the City and Consultant amended the Agreement for the second time to include providing a hydrology report study for the West Valley Redevelopment Area. On September 16, 2008, the City and Consultant amended the Agreement for the third time (mistakenly titled second amendment) to extend the term of the Agreement until June 30, 2009. On December 2, 2008, the City and Consultant amended the Agreement for the fourth time to include an interim design for the 3-5 Comprehensive Storm Drain Project and increase the compensation. On July 13, 2009, the City and Consultant amended the Agreement for the fifth time to extend the term of the agreement until December 30, 2009. 2.2 Amendment. City and Consultant desire to amend the Agreement for the Sixth time to extend the term of the Agreement until June 30, 2011. 3. TERMS. 3.1. Term. Section 3.1.2 of the Agreement is hereby deleted in its entirety and replaced with a new Section 3.1.2 to read as follows: "3.1.2. Term. The term of this Agreement shall be from March 16, 2004 until June 30, 2011, 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. 3.2 Exhibit. Exhibit "B" is hereby deleted in its entirety and replaced with a new Exhibit "B" attached hereto and incorporated herein by reference. 3.3 Continuing Effect of Agreement. Except as amended by this Sixth Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Sixth Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Sixth Amendment.