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CD- PSA (Dudek)(Double Butte Battery) Amendment No. 2AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND), TECHNICAL STUDIES, AND RELATED SERVICES FOR THE DOUBLE BUTTE BATTERY ENERGY STORAGE SYSTEM PROJECT AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND), TECHNICAL STUDIES, AND RELATED SERVICES FOR THE DOUBLE BUTTE (A UTILITY-SCALE BATTERY ENERGY STORAGE SYSTEM PROJECT) This is Amendment No. 2 (“Amendment 2”) to that certain Professional Services Agreement (“Agreement”) made on May 23, 2023 between the City of Menifee (“City”) and LSA ASSOCIATES, INC (“Consultant”) for PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND), TECHNICAL STUDIES, AND RELATED SERVICES FOR THE DOUBLE BUTTE (A UTILITY-SCALE BATTERY ENERGY STORAGE SYSTEM PROJECT) as amended by that certain Amendment No.1 to the Agreement entered into on January 22, 2024 (“Amendment No. 1”), which this Amendment No. 2 is made and entered into on ______________, 2024 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. 2 shall have the meanings ascribed to them in the Agreement. 2. SECTION 2, “Compensation” is amended to increase the maximum compensation by Three Thousand Five Hundred Dollars and Zero Cents ($3,500.00), and is amended to read as follows: SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Eighty Six Thousand Seven Hundred Forty Five Dollars and Zero Cents ($86,745.00) 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. 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 DocuSign Envelope ID: FC6EF91F-20D8-4E6F-9687-9BD1E527A262 March 20 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND), TECHNICAL STUDIES, AND RELATED SERVICES FOR THE DOUBLE BUTTE (A UTILITY- SCALE BATTERY ENERGY STORAGE SYSTEM PROJECT) 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 PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND), TECHNICAL STUDIES, AND RELATED SERVICES FOR THE DOUBLE BUTTE (A UTILITY-SCALE BATTERY ENERGY STORAGE SYSTEM PROJECT) in the amount not to exceed Eighty Six Thousand Seven Hundred Forty Five Dollars and Zero Cents ($86,745.00) 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. 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 DUDEK INC _______________________________ _______________________________ Armando G. Villa, City Manager Joe Monaco, President Attest: ________________________________ Amy Paul, General Counsel and Secretary _______________________________ Stephanie Roseen, Acting City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney DocuSign Envelope ID: FC6EF91F-20D8-4E6F-9687-9BD1E527A262 EXHIBIT A EXHIBIT A SUPPLEMENT TO SCOPE OF SERVICES [SUPPLEMENT BEGINS ON FOLLOWING PAGE] DocuSign Envelope ID: FC6EF91F-20D8-4E6F-9687-9BD1E527A262 EXHIBIT A DocuSign Envelope ID: FC6EF91F-20D8-4E6F-9687-9BD1E527A262 EXHIBIT A DocuSign Envelope ID: FC6EF91F-20D8-4E6F-9687-9BD1E527A262