2024/03/11 Kimley-Horn and Associates, Inc. Amendment No. 2 to Professional Services Agreement Environmental Impact Report (EIR) Preperation, Technical Studies and Related Services for CADO Menifee Industrial Warehouse Project (TTM 34037)AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL IMPACT REPORT (EIR) PREPARATION, TECHNICAL STUDIES AND
RELATED SERVICES FOR CADO MENIFEE INDUSTRIAL WAREHOUSE PROJECT (TTM
34037)
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL IMPACT REPORT (EIR) PREPARATION, TECHNICAL STUDIES AND
RELATED SERVICES FOR CADO MENIFEE INDUSTRIAL WAREHOUSE PROJECT (TTM
34037)
This is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Services
Agreement (“Agreement”) made on March 22, 2024 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
CADO MENIFEE INDUSTRIAL WAREHOUSE PROJECT (TTM 34037) as amended by that
certain Amendment No.1 to the Agreement entered into on November 7, 2023 (“Amendment No.
1”), which this Amendment No. 2 is made and entered into on ______________, 2024 to extend
the term of the Agreement, increase the compensation amount, and augment the scope of
services 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 February 24,
2022 and shall end on December 31, 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 this Agreement, as provided for in Section 8.
3. SECTION 2, “Compensation” is amended to increase the maximum compensation by
Eight Thousand Seven Hundred Dollars and Zero Cents ($8,700.00), and is amended
to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Four Hundred Seven
Thousand Three Hundred Seventy Dollars and Zero Cents ($407,370.00)
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
DocuSign Envelope ID: 0B8C7B31-7C1D-4993-B487-C2153C776260
March 11
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL IMPACT REPORT (EIR) PREPARATION, TECHNICAL STUDIES AND
RELATED SERVICES FOR CADO MENIFEE INDUSTRIAL WAREHOUSE PROJECT (TTM
34037)
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:
SCOPE OF SERVICES
Consultant shall provide ENVIRONMENTAL IMPACT REPORT (EIR) PREPARATION,
TECHNICAL STUDIES AND RELATED SERVICES FOR CADO MENIFEE INDUSTRIAL
WAREHOUSE PROJECT (TTM 34037) in the amount not to exceed Four Hundred
Seven Thousand Three Hundred Seventy Dollars and Zero Cents ($407,370.00) 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. 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 Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 0B8C7B31-7C1D-4993-B487-C2153C776260
EXHIBIT A
EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES
[SUPPLEMENT BEGINS ON FOLLOWING PAGE]
DocuSign Envelope ID: 0B8C7B31-7C1D-4993-B487-C2153C776260
EXHIBIT A
DocuSign Envelope ID: 0B8C7B31-7C1D-4993-B487-C2153C776260