AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 13-03 HOLLAND ROAD OVERPASS PROJECT
(CONSTRUCTION MANAGEMENT SERVICES)
AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 13-03 HOLLAND ROAD OVERPASS PROJECT
(CONSTRUCTION MANAGEMENT SERVICES)
This is Amendment No.3 (“Amendment No.3”) to that certain Professional Services Agreement (“Agreement”) made on November 3, 2021 between the City of Menifee (“City”) and SOUTHSTAR ENGINEERING & CONSULTING, INC. (“Consultant”) for CIP 13-03
HOLLAND ROAD OVERPASS PROJECT (CONSTRUCTION MANAGEMENT
SERVICES) as amended by that certain Amendment No. 1 to the Agreement entered into on November 15, 2023 (“Amendment No. 1”) and that certain Amendment No. 2 entered into on September 4, 2024, which this Amendment No. 3 is made and entered into on_________________,2025 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. The Parties acknowledge that the Agreement (as amended by Amendment No. 1 and Amendment No. 2) was scheduled to terminate on December 31, 2024. However, the Parties have continued to operate as though the Agreement were still in full force and effect. The Parties now desire to amend the Agreement to extend the Agreement to June 30, 2025. Therefore, Section 1.1 of the Agreement is revised to read in its entirety as follows:
1.1 Term of Services. The term of this Agreement shall begin on the November 3, 2021, 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 Contractor 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. The Parties further agree that the terms of the Agreement shall apply as though the Agreement were in full force and effect between November 3, 2021, and the effective date of this Amendment No. 3.
4.SECTION 2, “Compensation” is amended to increase the maximum compensation by Six Hundred Ninety Nine Thousand Seven Hundred Fifty Nine Dollars and Six Cents ($699,759.06), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Five Million Three Hundred Twenty Eight Thousand Four Hundred One Dollars and Eighty Cents ($5,328,401.80) 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 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.
5. 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 CIP 13-03 HOLLAD ROAD OVERPASS PROJECT (CONSTRUCTION MANAGEMENT SERVICES), in the amount not to exceed Five Million Three Hundred Twenty Eight Thousand Four Hundred One Dollars and Eighty Cents ($5,328,401.80) as further detailed in the following page(s).
6. All other terms and conditions of the Agreement remain in full force and effect.
7. 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.
CITY OF MENIFEESOUTHSTAR ENGINEERING &
CONSULTING, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Amr Abuelhassan, Executive Vice President/CFO
Attest: ________________________________
Yvette Kirrin, President
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
EXHIBIT A
EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES
[Attached on the following pages]
EXHIBIT A