2022/03/16 Kimley-Horn and Associates, Inc. Amendment No. 2 to Professional Services Agreement CIP 22-24 Civic Center Parking Lot Improvement Project (Civil Design Plans, Specifications, and Estimate Services)
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-24 CIVIC CENTER PARKING LOT IMPROVEMENT PROJECT
(CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”) SERVICES)
AMENDMENT NO. 2 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. 2 (“Amendment No. 2”) to that certain Professional Services
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) as amended by that certain
Amendment No. 1 to the Agreement entered into on May 17, 2023 (“Amendment No. 1”), which
this Amendment No. 2 is made and entered into on ______________, 2024 to extend the term,
increase the compensation amount and augment the scope of work as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 2 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, 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 the Agreement, as provided for in Section 8.
3. SECTION 2, “Compensation” is amended to increase the maximum compensation by
(THIRTY THREE THOUSAND FOUR HUNDRED FORTY DOLLARS AND ZERO
CENTS) $33,440.00, and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed (THREE HUNDRED FIFTY
THREE THOUSAND ONE HUNDRED FOUR DOLLARS AND ZERO CENTS)
$353,104.00 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
DocuSign Envelope ID: 1EB91AC5-C80F-470B-96DE-5FF45E270A65
March 6
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-24 CIVIC CENTER PARKING LOT IMPROVEMENT PROJECT
(CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”) SERVICES)
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
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 CIP 22-24 CIVIC CENTER PARKING LOT
IMPROVEMENT PROJECT (CIVIL DESIGN PLANS, SPECIFICATIONS, AND
ESTIMATE (“PS&E”) SERVICES) in the amount not to exceed (THREE HUNDRED
FIFTY THREE THOUSAND ONE HUNDRED FOUR DOLLARS AND ZERO CENTS)
$353,104.00 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.
(Signatures on Following Page)
DocuSign Envelope ID: 1EB91AC5-C80F-470B-96DE-5FF45E270A65
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-24 CIVIC CENTER PARKING LOT IMPROVEMENT PROJECT
(CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”) SERVICES)
CITY OF MENIFEE KIMLEY-HORN AND ASSOCIATES, INC.
_______________________________ _______________________________
Armando G. Villa, City Manager Anthony Podegracz, Senior Vice
President
Attest: ________________________________
Megan Ulery, Shareholder
_______________________________
Sarah Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 1EB91AC5-C80F-470B-96DE-5FF45E270A65
Exhibit A
EXHIBIT A
Supplement to Scope of Services
[Attached]
DocuSign Envelope ID: 1EB91AC5-C80F-470B-96DE-5FF45E270A65
Exhibit A
DocuSign Envelope ID: 1EB91AC5-C80F-470B-96DE-5FF45E270A65