FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND KIMLEY-HORN AND ASSOCIATES
THIS FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of __________by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and Kimley-Horn and Associates (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows:
RECITALS
A. On __________________, City and Contractor entered that certain Consulting Services Agreement (“Agreement”) whereby Contractor agreed to provide project design, management, and related professional services for the Smart Corridor Expansion Project. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A.
B. City and Contractor now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows:
1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary.
2. Section _____: Compensation. Section _____ of the Agreement shall be amended such that the City agrees to pay Contractor an additional sum of $79,720, for an amended total not-to-exceed amount of $359,720, with the understanding that up to $_________ has already been paid to Contractor.
Contractor agrees this is the City’s total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties in writing.
All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE]
Exhibit C
Dated:
CITY OF SOUTH SAN FRANCISCO CONTRACTOR
By: By:
Mike Futrell, City Manager [NAME]
Kimley-Horn and Associates
Approved as to Form:
By:
City Attorney