2223-_PW-ENG-_AMENDMENT_NO._5_TO_PROFESSINAL_SERVICES_AGREEMENT_(CIVILPROS)_(CIP_20-01)-_CS
AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT
CIP 20-01: BUNDY CANYON ROAD/SCOTT ROAD WIDENING PROJECT- ENGINEERING & ESTIMATION SERVICES
This is Amendment No. 5 (“Amendment No. 5”) to that certain Professional Services
Agreement (“Agreement”) made on September 18, 2019 between the City of Menifee (“City”)
and CIVILPROS (“Consultant”) for CIP 20-01: BUNDY CANYON ROAD/SCOTT ROAD WIDENING PROJECT- ENGINEERING & ESTIMATION SERVICES which this
Amendment No. 5 is made and entered into on ______________, 2023 to extend the term, increase the scope of work and compensation amount as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 5 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 September 19, 2019 and shall end on December 31, 2026 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
$103,595.00 (ONE HUNDRED THREE THOUSAND FIVE HUNDRED NINETY FIVE DOLLARS AND ZERO CENTS), and is amended to read as follows: SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed $3,100,354.00 (THREE
MILLION ONE HUNDRED THOUSAND THREE HUNDRED FIFTY FOUR DOLLARS AND ZERO CENTS) 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.
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April 19
Professional Services Amendment No. 5 with CIVILPROS
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 N/A in the amount not to exceed $103,595.00 (ONE HUNDRED THREE THOUSAND FIVE HUNDRED NINETY FIVE DOLLARS AND ZERO CENTS) 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. 5 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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Professional Services Amendment No. 5 with CIVILPROS
CITY OF MENIFEE CIVILPROS
_______________________________ _______________________________ Armando G. Villa, City Manager Basem Muallem, Vice President
Attest: ________________________________ David Berryman, Senior Project Manager
_______________________________ Kay Vinson, City Clerk Approved as to Form:
_______________________________ Jeffrey T. Melching, City Attorney
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Professional Services Amendment No. 5 with CIVILPROS
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