AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 23-02 GOETZ ROAD/VISTA WAY TRAFFIC SIGNAL AND INTERSECTION
IMPROVEMENTS
(CIVIL DESIGN SERVICES)
This is Amendment No. 1 (“Amendment No 1”) to that certain Professional Services Agreement (“Agreement”) made on February 15, 2023 between the City of Menifee (“City”) and K & A ENGINEERING, INC. (“K & A ENGINEERING, INC.”) for CIP 23-02 GOETZ ROAD/VISTA
WAY TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS (CIVIL DESIGN SERVICES) is made and entered into on ______________, 2024 to assign the Agreement for all purposes to RTM ENGINEERING CONSULTANTS, a California C Corporation (“RTM ENGINEERING CONSULTANTS”) and to extend the term of the Agreement.
1. Capitalized terms used but not defined in this Amendment No. 1 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 the February 15, 2023 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. K & A Engineering, Inc. assigns, conveys, and transfers the Agreement and all of its rights and obligations thereunder to RTM Engineering Consultants as of the date of this Amendment No. 1 and RTM Engineering Consultants accepts and assumes all rights, obligations, and representations thereunder.
4. Consultant’s notice address for the purposes of Section 10.9 of the Agreement shall be as follows:
RTM Engineering Consultants
357 N. Sheridan Street, Suite 117
Corona, CA 92878
5. SECTION 2, “Compensation” is amended to read as follows, increasing the contract amount by: $22,840.00 (TWENTY TWO THOUSAND EIGHT HUNDRED FORTY
DOLLARS AND ZERO CENTS)
SECTION 2. COMPENSATION.
City hereby agrees to pay Contractor a sum not to exceed $139,934.00 (ONE HUNDRED
THIRTY NINE THOUSAND NINE HUNDRED THIRTY FOUR DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Contractor'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 Contractor 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 Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by 4 8
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7 City, Contractor shall not bill City for duplicate services performed by more than one person.
6. 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:
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide CIP 23-02 GOETZ ROAD/VISTA WAY TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS (CIVIL DESIGN SERVICES) in the amount not to $139,934.00 (ONE HUNDRED THIRTY NINE THOUSAND NINE HUNDRED THIRTY FOUR DOLLARS AND ZERO CENTS) as further detailed in the following page(s).
7. All other terms and conditions of the Agreement remain in full force and effect.
8. This Amendment No. 1 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]
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7 CITY OF MENIFEE
________________________
Armando G. Villa, City Manager
K & A Engineering, Inc.
________________________
Amir Fallahi, CFO
________________________
Keith Osborn, President
ATTEST:
________________________
Stephanie Roseen, Acting City Clerk
RTM Engineering Consultants
________________________
Amir Fallahi, CFO
________________________
Keith Osborn, President
APPROVED AS TO FORM:
________________________
Jeffrey T. Melching, City Attorney
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7 EXHIBIT A
SCOPE OF SERVICES
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