2023/05/17 Kimley-Horn and Associates, Inc. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT CIP 22-24 CIVIC CENTER PARKING LOT IMPROVEMENT PROJECT (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”) SERVICES)
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
CIP 22-24 CIVIC CENTER PARKING LOT IMPROVEMENT PROJECT (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”) SERVICES)
This is Amendment No. 1 (“Amendment No. 1”) to that certain Owner Contractor
Agreement (“Agreement”) made on March 16, 2022 between the City of Menifee (“City”) and KIMLEY-HORN AND ASSOCIATES, INC. (“Consultant”) for CIP 22-24 CIVIC CENTER PARKING LOT IMPROVEMENT PROJECT (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”) SERVICES) which this Amendment No. 1 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. 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 March 16,
2022 and shall end on June 30, 2024 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
$84,558.00 (EIGHTY FOUR THOUSAND FIVE HUNDRED FIFTY EIGHT 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 $319,664.00 (THREE HUNDRED NINETEEN THOUSAND SIX HUNDRED SIXTY 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.
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
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May 17
Professional Services Amendment No. 1 with KIMLEY-HORN AND ASSOCIATES, INC.
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 $84,558.00 (EIGHTY FOUR
THOUSAND FIVE HUNDRED FIFTY EIGHT 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. 1 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. 1 with KIMLEY-HORN AND ASSOCIATES, INC.
CITY OF MENIFEE KIMLEY-HORN AND ASSOCIATES, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Anthony Podegracz, Senior Vice President
Attest: ________________________________
Megan Ulery, Shareholder _______________________________ Kay Vinson, City Clerk
Approved as to Form:
_______________________________ Jeffrey T. Melching, City Attorney
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DocuSign Envelope ID: 7957C2C4-F8E4-4936-AADE-8CC840FD7575DocuSign Envelope ID: 10C409B5-EC9B-4F77-8E2A-4456D5ED0800
Professional Services Amendment No. 1 with KIMLEY-HORN AND ASSOCIATES, INC.
DocuSign Envelope ID: 7957C2C4-F8E4-4936-AADE-8CC840FD7575DocuSign Envelope ID: 10C409B5-EC9B-4F77-8E2A-4456D5ED0800
DocuSign Envelope ID: 7957C2C4-F8E4-4936-AADE-8CC840FD7575DocuSign Envelope ID: 10C409B5-EC9B-4F77-8E2A-4456D5ED0800