AMENDMENT NO. 9 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 13-04 BRADLEY ROAD BRIDGE DESIGN
AMENDMENT NO. 9 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 13-04 BRADLEY ROAD BRIDGE DESIGN
This is Amendment No. 9 (“Amendment No. 9”) to that certain Professional Services Agreement (“Agreement”) made on September 2, 2015, between the City of Menifee (“City”) and NV5, INC (“Consultant”) for CIP 13-04 BRADLEY ROAD BRIDGE DESIGN services as amended by that certain Amendment No. 1 to the Agreement entered into on July 1, 2018 (“Amendment No. 1”), that certain Amendment No.2 to the Agreement entered into on November 6, 2019 (“Amendment No. 2”), that certain Amendment No. 3 entered into on September 2, 2020 (“Amendment No. 3”), that certain Amendment No. 4 entered into on June 16, 2021 (“Amendment No. 4”), that certain Amendment No. 5 made and entered into on September 15, 2021 (“Amendment No. 5”), that certain Amendment No. 6 made and entered into on May 4, 2022 (“Amendment No. 6”), that certain Amendment No. 7 made and entered into on November 1, 2023 (“Amendment No. 7”), and that certain Amendment No. 8 made and entered into on August 7, 2024 (“Amendment No. 8”), which this Amendment No. 9 is made and entered on ______________, 2025 to extend the term of services, increase the compensation amount, and augment the scope of work as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 9 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 September 2, 2015, and shall end on February 28, 2027, 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 8.
3. Section 2, “Compensation” is amended to increase the maximum compensation by SIXTY SEVEN THOUSAND EIGHT HUNDRED SEVENTY FIVE DOLLARS AND ZERO CENTS ($67,875.00), and is amended to read as follows:
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed ONE MILLION SIX
HUNDRED TWENTY THREE THOUSAND SIX HUNDRED SIXTY SEVEN
DOLLARS AND ZERO CENTS ($1,623,667.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for 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 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 AMENDMENT NO. 9 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 13-04 BRADLEY ROAD BRIDGE DESIGN
for 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:
SCOPE OF SERVICES
Consultant shall provide CIP 13-04 BRADLEY ROAD BRIDGE DESIGN services, in the amount not to exceed ONE MILLION SIX HUNDRED TWENTY THREE
THOUSAND SIX HUNDRED SIXTY SEVEN DOLLARS AND ZERO CENTS ($1,623,667.00) 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. 9 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
AMENDMENT NO. 9 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 13-04 BRADLEY ROAD BRIDGE DESIGN
CITY OF MENIFEE NV5, INC
_______________________________ _______________________________ Armando G. Villa, City Manager Jeffrey M. Cooper, Senior Vice President Attest: ________________________________
MaryJo O'Brien, CAO/Secretary
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
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