2023/09/15 EPD Solutions, Inc. Amendment No. 1 to Professional Services Agreement Environmental Impact Report (EIR) Preparation, Technical Studies, and Related Services for the Ares Murrieta Road Warehouse Project (CQA22-0022)
AMENDMENT NO.1 TO
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL IMPACT REPORT (EIR) PREPARATION, TECHNICAL STUDIES, AND
RELATED SERVICES FOR THE ARES MURRIETA ROAD WAREHOUSE PROJECT (CQA22-
0022)
AMENDMENT NO.1 TO
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL IMPACT REPORT (EIR) PREPARATION, TECHNICAL STUDIES,
AND RELATED SERVICES FOR THE ARES MURRIETA ROAD WAREHOUSE
PROJECT (CQA22-0022)
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services
Agreement (“Agreement”) made on December 13, 2022 between the City of Menifee (“City”) and
EPD SOLUTIONS, INC. (“Consultant”) for ENVIRONMENTAL IMPACT REPORT (EIR)
PREPARATION, TECHNICAL STUDIES, AND RELATED SERVICES FOR THE ARES
MURRIETA ROAD WAREHOUSE PROJECT (CQA22-0022), which this Amendment No. 1
is made and entered into on ______________, 2023 to extend the term of services, increase the
compensation amount, and augment 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
November 11, 2022 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 Consultant to complete the Services required by this Agreement shall not affect the
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
Twenty Thousand Five Hundred Dollars and Zero Cents ($20,500.00), and is
amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Three Hundred Fifty Six
Thousand, Six Hundred Sixty Eight Dollars and Zero Cents ($356,668.00)
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
original Exhibit A to the Agreement, but instead to augment and increase the scope of
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September 15
AMENDMENT NO.1
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL IMPACT REPORT (EIR) PREPARATION, TECHNICAL STUDIES, AND
RELATED SERVICES FOR THE ARES MURRIETA ROAD WAREHOUSE PROJECT (CQA22-
0022)
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 THE
ARES MURRIETA ROAD WAREHOUSE PROJECT (CQA22-0022) in the amount
not to exceed Three Hundred Fifty Six Thousand, Six Hundred Sixty Eight
Dollars and Zero Cents ($356,668.00) 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.
CITY OF MENIFEE EPD SOLUTIONS, INC.
_______________________________ _______________________________
Rebekah Kramer, Acting City Manager Jeremy Krout, President/CEO
Attest: ________________________________
Konnie Dobreva, VP of Environmental Planning
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
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EXHIBIT A TO AMENDMENT NO. 1
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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