2022/10/29 Kimley-Horn and Associates, Inc. AMENDMENT NO. 1 FOR ENVIRONMENTAL IMPACT REPORT (EIR) PREPARATION, TECHNICAL STUDIES AND RELATED SERVICES FOR THE PANATTONI INDUSTRIAL (ISLAND 3 & ISLAND 6) PROJECT
AMENDMENT NO. 1
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN KIMLEY-HORN AND ASSOCIATES, INC. AND THE CITY OF MENIFEE FOR
ENVIRONMENTAL IMPACT REPORT (EIR) PREPARATION, TECHNICAL STUDIES AND
RELATED SERVICES FOR THE PANATTONI INDUSTRIAL (ISLAND 3 & ISLAND 6)
PROJECT
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services
Agreement (“Agreement”) made on OCTOBER 25, 2021 between the City of Menifee (“City”)
and KIMLEY-HORN AND ASSOCIATES, INC. (“Consultant”) for ENVIRONMENTAL IMPACT
REPORT (EIR) PREPARATION, TECHNICAL STUDIES AND RELATED SERVICES FOR
THE PANATTONI INDUSTRIAL (ISLAND 3 & ISLAND 6) PROJECT which this Amendment
No. 1 is made and entered into on _______________, 2022 to modify the term of the
Agreement, increase the compensation amount, and the scope of services as indicated below:
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
September 16, 2021 and shall end on December 31, 2023 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 ONE
HUNDRED FOURTY TWO THOUSAND NINE HUNDRED SEVENTY FIVE DOLLARS
AND ZERO CENTS ($142,975.00), and is amended to read as follows:
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed FIVE HUNDRED SEVENTY
TWO THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS AND ZERO CENTS
($572,865.00) 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
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.
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October 29
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 Environmental Impact Report (EIR) Preparation, Technical
Studies and Related Services for Panattoni Industrial Island 3 & Island 6 Project in the
amount not to exceed FIVE HUNDRED SEVENTY TWO THOUSAND EIGHT HUNDRED
SIXTY FIVE DOLLARS AND ZERO CENTS ($572,865.00) 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. 1 may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
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CITY OF MENIFEE KIMLEY-HORN AND ASSOCIATES, INC.
_______________________________ _______________________________
Armando G. Villa, City Manager Matthew McCormick, Vice President
Attest: ________________________________
Chad Phillips, Senior Associate
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
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EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES (AMENDMENT NO. 1)
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