Amendment No. 3 — Menifee City Council, May 1, 2024

AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) This is Amendment No. 3 (“Amendment No. 3”) to that certain Professional Services Agreement (“Agreement”) made on _January 19, 2022_ between the City of Menifee (“City”) and DOKKEN ENGINEERING (“Consultant”) for CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) as amended by that certain Amendment No. 1 to the Agreement entered into on June 21, 2023 (“Amendment No. 1”), to the Agreement entered into on January 22, 2024 (“Amendment No. 2”) which this Amendment No. 3 is made and entered into on ______________, 2024 to increase the compensation and augment the scope of services, as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 3 shall have the meanings ascribed to them in the Agreement.

2. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on January 19, 2022 and shall end on June 30, 2025 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

3.SECTION 2, “Compensation” is amended to increase the maximum compensation by Twenty Two Thousand Seven Hundred Eighty Three Dollars and Zero Cents ($22,783.00), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed One Million Four Hundred Twenty One Thousand Nine Hundred Seventy Four Dollars and Eighty One Cents ($1,421,974.81) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

4. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

SCOPE OF SERVICES
Consultant shall provide Professional Enviornmental and Civil Engineering Design services for CIP 22-02 Valley Blvd. Widening Project, services in the amount not to exceed One Million Four Hundred Twenty One Thousand Nine Hundred Seventy Four Dollars and Eighty One Cents ($1,421,974.81) as further detailed in the following page(s).

5. All other terms and conditions of the Agreement remain in full force and effect.

6. This Amendment No. 3 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
AMENDMENT NO. 3 TO