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3 AMENDMENT NO. 3
TO AGREEMENT FOR PROFESSIONAL SERVICES
Adams-Streeter Civil Engineering, Inc. (now operating as Proactive Engineering Consultants)
Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project Z10075
This Amendment No. 3 to Agreement for Professional Services (the “Agreement”) is made and entered into as of October 8, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Adams-Streeter Civil Engineers, Inc. , a Corporation ("Consultant").
RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 10/11/2022, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement provided for compensation to Consultant in an amount of One Hundred Forty Five Thousand, Eight Hundred Fifty-Five dollars ($145,855.00).
C. Amendment No. 1, approved January 10, 2023, provided for an increase in compensation in an amount not to exceed Seventy Thousand Nine Hundred Forty dollars ($70,940).
D. Amendment No. 2, approved June 13, 2023, provided for an increase in compensation in an amount not to exceed Thirty-Eight Thousand One Hundred Forty dollars ($38,140).
E. The parties now desire to amend the scope of services, term and increase the payment for such services as set forth in this Amendment No 3.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows:
1. Acknowledge that Adams Streeter Civil Engineers is now operating as Proactive Engineering Consultants.
2. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following:
Consultant shall also perform the services described in Consultant’s 5/21/2024 Proposal (attached to this Amendment No. 3 as Exhibit A-3).
Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-3, subject to the direction of the City through its staff that it may provide from time to time.
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3 3. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:
Notwithstanding the foregoing, for purposes of Amendment No. 3 and the term thereof, compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Consultant’s Proposal (referenced collectively as Exhibit A-3 Amendment No. 3). In no event shall Consultant’s compensation related to Exhibit A-3 to Amendment No. 3 exceed Forty-Three Thousand Two Hundred Eighty Seven dollars and 49 Cents ($43,287.49) without additional written authorization from the City Council. Consultant compensation shall not exceed Two Hundred Ninety-Eight Thousand Two Hundred Twenty-Two Dollars and 49 Cents ($298,222.49).
Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A-3 respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONSULTANT”
Proactive Engineering Consultants, a
Corporation
City Manager
Date:
Mark S. Anderson, CFO
Date: __
ATTEST:
City Clerk
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3 APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Consultant’s Proposal
EXHIBIT A-3
CONSULTANT’S PROPOSAL
[ATTACHED]