AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
This is Amendment No. 3 to that certain Professional Services Agreement (“Agreement”) made on June 21, 2023, between the City of Menifee (“City”) and KOA CORPORATION, a California S -Corporation (“Consultant”) for CIP 22 -03: MCCALL
BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES, as amended by that certain Amendment No. 1 to the Agreement entered into on July 20, 2023 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on December 6, 2023 (“Amendment No. 2”) , which this Amendment No. 3 is made and entered on , 2024 to extend the term of the Agreement, increase the compensation amount, 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 Parties previously entered into a Professional Services Agreement dated February 16, 2022, for a term of February 16, 2022 through December 31, 2022, for the Services also contemplated herein. That agreement was erroneously allowed to expire. The Parti es continued operating as if that agreement continued in effect into 2023. The provisions of that agreement are substantially similar to the provision of this Agreement. The Parties therefore acknowledge and agree that the term of this Agreement began on January 1, 2023 and shall end on June 30, 2026 unless the term of this 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 City’s right to terminate this Agreement, as provided for in Section.
3. SECTION 2, “Compensation” is amended to increase the maximum compensation by
FIFTY THOUSAND FIVE HUNDRED FIFTY SEVEN DOLLARS AND SIXTEEN CENTS ($50,557.16), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED NINETY
FOUR THOUSAND FORTY THREE DOLLARS AND THIRTY EIGHT CENTS ($294,043.38) 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 DocuSign Envelope ID: D5E1F638-CC43-42FE-BD69-85C8FFC63F2D June 19
AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
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 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:
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES in the amount not to exceed TWO HUNDRED NINETY FOUR THOUSAND FORTY THREE DOLLARS AND THIRTY EIGHT CENTS ($294,043.38) 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)
DocuSign Envelope ID: D5E1F638-CC43-42FE-BD69-85C8FFC63F2D AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
CITY OF MENIFEE
Armando Villa, City Manager
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
KOA CORPORATION
Michael Nilsson , Principal, Director of
Planning
Giuseppe Canzonieri, Principal, Director of
Engineering
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless
provided with a certificate of secretary in-
lieu]
DocuSign Envelope ID: D5E1F638-CC43-42FE-BD69-85C8FFC63F2D
EXHIBIT A
EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES
[SUPPLEMENT BEGINS ON FOLLOWING PAGE]
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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