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2023/10/18 LSA Associates, Inc. Amendment No. 5 to Professional Services Agreement Environmental Impact Report (EIR) Preparation, Technical Studies and Related Services for the Menifee Valley Specific Plan ProjectAMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT ENVIRONMENTAL IMPACT REPORT (EIR) PREPARATION, TECHNICAL STUDIES AND RELATED SERVICES FOR THE MENIFEE VALLEY SPECIFIC PLAN PROJECT AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT ENVIRONMENTAL IMPACT REPORT (EIR) PREPARATION, TECHNICAL STUDIES AND RELATED SERVICES FOR THE MENIFEE VALLEY SPECIFIC PLAN PROJECT This is Amendment No. 5 (“Amendment 5”) to that certain Professional Services Agreement (“Agreement”) made on November 30, 2021 between the City of Menifee (“City”) and LSA ASSOCIATES, INC (“Consultant”) for ENVIRONMENTAL IMPACT REPORT (EIR) PREPARATION, TECHNICAL STUDIES AND RELATED SERVICES FOR THE MENIFEE VALLEY SPECIFIC PLAN PROJECT as amended by that certain Amendment No.1 to the Agreement entered into on October 31, 2022 (“Amendment No. 1”), and that certain Amendment No.2 to the Agreement entered into on March 20, 2023 (“Amendment No. 2”), and that certain Amendment No.3 to the Agreement entered into on April 20, 2023 (“Amendment No. 3”), and that certain Amendment No.4 to the Agreement entered into on September 12, 2023 (“Amendment No. 4”), which this Amendment No. 5 is made and entered into on _____________, 2023 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. 5 shall have the meanings ascribed to them in the Agreement. 2. SECTION 2, “Compensation” is amended to increase the maximum compensation by One Hundred Fifteen Thousand Dollars and Zero Cents ($115,000.00), and is amended to read as follows: SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Million One Hundred Forty Three Thousand Seven Hundred Fifty Four Dollars and Twenty Three Cents ($1,143,754.23) 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: 4BDCDAF7-130C-4BFC-8BDC-2B8B3334427BDocuSign Envelope ID: ADE35A16-645F-40A8-B15D-D964D71681A9 October 18, 2023 AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT ENVIRONMENTAL IMPACT REPORT (EIR) PREPARATION, TECHNICAL STUDIES AND RELATED SERVICES FOR THE MENIFEE VALLEY SPECIFIC PLAN PROJECT SCOPE OF SERVICES Consultant shall provide ENVIRONMENTAL IMPACT REPORT (EIR) PREPARATION, TECHNICAL STUDIES AND RELATED SERVICES FOR THE MENIFEE VALLEY SPECIFIC PLAN PROJECT in the amount not to exceed One Million One Hundred Forty Three Thousand Seven Hundred Fifty Four Dollars and Twenty Three Cents ($1,143,754.23) as further detailed in the following page(s). 4. All other terms and conditions of the Agreement remain in full force and effect. 5. This Amendment No. 5 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 LSA ASSOCIATES, INC _______________________________ _______________________________ Armando G. Villa, City Manager Amy Fischer, President/COO Attest: ________________________________ Tony Petros, CEO _______________________________ Sarah A. Manwaring, City Clerk Approved as to Form: ______________________ Jeffrey T. Melching, City Attorney DocuSign Envelope ID: 4BDCDAF7-130C-4BFC-8BDC-2B8B3334427BDocuSign Envelope ID: ADE35A16-645F-40A8-B15D-D964D71681A9 EXHIBIT A EXHIBIT “A” SUPPLEMENT TO SCOPE OF SERVICES DocuSign Envelope ID: 4BDCDAF7-130C-4BFC-8BDC-2B8B3334427BDocuSign Envelope ID: ADE35A16-645F-40A8-B15D-D964D71681A9 EXHIBIT A DocuSign Envelope ID: 4BDCDAF7-130C-4BFC-8BDC-2B8B3334427BDocuSign Envelope ID: ADE35A16-645F-40A8-B15D-D964D71681A9 EXHIBIT A DocuSign Envelope ID: 4BDCDAF7-130C-4BFC-8BDC-2B8B3334427BDocuSign Envelope ID: ADE35A16-645F-40A8-B15D-D964D71681A9