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N <br />r <br />tJ AMENDMENT NO. ONE TO <br />(— PROFESSIONAL SERVICES AGREEMENT <br />t <br />WITH HARRIS MILLER MILLER & HANSON INC. FOR <br />JOHN WAYNE AIRPORT – AIRCRAFT NOISE ABATEMENT DEPARTURE <br />PROCEDURE ("NADP") ANALYSIS <br />THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT <br />("Amendment No. One") is made and entered into as of this 25th day of September, 2018 <br />("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California <br />municipal corporation and charter city ("City"), and HARRIS MILLER MILLER & HANSON <br />INC., a Massachusetts corporation ("Consultant"), whose address is 1508 Eureka Road, <br />Suite 190, Roseville, California 95661, and is made with reference to the following: <br />RECITALS <br />A. On February 19, 2018, City and Consultant entered into a Professional Services <br />Agreement ("Agreement") to provide aircraft noise abatement departure procedure <br />("NADP") analysis for John Wayne Airport ("Project"). <br />B. The parties desire to enter into this Amendment No. One to reflect additional <br />Services not included in the Agreement, and to increase the total compensation. <br />NOW, THEREFORE, it is mutually agreed by and between the undersigned parties <br />as follows: <br />SERVICES TO BE PERFORMED <br />Exhibit A to the Agreement shall be supplemented to include the Scope of <br />Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" <br />or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall <br />collectively be known as "Exhibit A." The City may elect to delete certain Services within <br />the Scope of Services at its sole discretion. <br />2. COMPENSATION TO CONSULTANT <br />Exhibit B to the Agreement shall be supplemented to include the Schedule of <br />Billing Rates, attached hereto as Exhibit B and incorporated herein by reference <br />("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment No. One <br />shall collectively be known as "Exhibit B." <br />Section 4.1 of the Agreement is amended in its entirety and replaced with the <br />following: "City shall pay Consultant for the Services on a time and expense not -to - <br />exceed basis in accordance with the provisions of this Section and the Schedule of Billing <br />Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's <br />compensation for all Work performed in accordance with this Agreement, including all <br />reimbursable items and subconsultant fees, shall not exceed One Hundred Forty <br />Thousand Dollars and 00/100 ($140,000.00), without prior written authorization from <br />