2024/03/11 Kimley-Horn and Associates, Inc. Amendment No. 2 to Professional Services Agreement Preperation of an Environmental Impact Report (EIR), Technical Studies and Related Services for Menifee Commerce Center II Project
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
PREPERATION OF AN ENVIORNMENTAL IMPACT REPORT (EIR), TECHNICAL STUDIES
AND RELATED SERVICES FOR MENIFEE COMMERCE CENTER II PROJECT
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
PREPERATION OF AN ENVIORNMENTAL IMPACT REPORT (EIR), TECHNICAL STUDIES
AND RELATED SERVICES FOR MENIFEE COMMERCE CENTER II PROJECT
This is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Services
Agreement (“Agreement”) made on September 6, 2022 between the City of Menifee (“City”) and
KIMLEY-HORN AND ASSOCIATES, INC. (“Consultant”) for PREPERATION OF AN
ENVIORNMENTAL IMPACT REPORT (EIR), TECHNICAL STUDIES AND RELATED
SERVICES FOR MENIFEE COMMERCE CENTER II PROJECT as amended by that certain
Amendment No.1 to the Agreement entered into on September 15, 2023 (“Amendment No. 1”),
which this Amendment No. 2 is made and entered into on ______________, 2024 to 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 2, “Compensation” is amended to increase the maximum compensation by
Thirteen Thousand Nine Hundred Dollars and Zero Cents ($13,900.00), and is
amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Four Hundred Thirty
Thousand Two Hundred Twenty Five Dollars and Zero Cents ($430,225.00)
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.
3. 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:
DocuSign Envelope ID: 8BC70808-DD37-49AD-9D2D-732C7009FBD7
March 11
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
PREPERATION OF AN ENVIORNMENTAL IMPACT REPORT (EIR), TECHNICAL STUDIES
AND RELATED SERVICES FOR MENIFEE COMMERCE CENTER II PROJECT
SCOPE OF SERVICES
Consultant shall provide PREPERATION OF AN ENVIORNMENTAL IMPACT REPORT
(EIR), TECHNICAL STUDIES AND RELATED SERVICES FOR MENIFEE COMMERCE
CENTER II PROJECT in the amount not to exceed Four Hundred Thirty Thousand Two
Hundred Twenty Five Dollars and Zero Cents ($430,225.00) as further detailed in the
following page(s).
3. All other terms and conditions of the Agreement remain in full force and effect.
4. This Amendment No. 2 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 KIMLEY-HORN AND ASSOCIATES, INC.
_______________________________ _______________________________
Armando G. Villa, City Manager John Pollock, Associate
Attest: ________________________________
Davie Cowan, Vice President
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 8BC70808-DD37-49AD-9D2D-732C7009FBD7
EXHIBIT A
DocuSign Envelope ID: 8BC70808-DD37-49AD-9D2D-732C7009FBD7
EXHIBIT A
DocuSign Envelope ID: 8BC70808-DD37-49AD-9D2D-732C7009FBD7