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12-0822_KEETON KREITZER CONSULTING_Personal Services Agreement First AmdFIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and Keeton ~reitzer Consulting ("Consultant") is made and entered into, to be effective the ~ tiay of ~ , 2012, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated August 22, 2012, for preparation of the Draft Environmental Impact Report (DEIR) for the proposed Rancho San Juan Apartments (the "Agreement"); and WHEREAS, the Consultant's Traffic Impact Analysis cost needs to be revised and the developer has deposited the additional deposit to fund the contract; and, WHEREAS, the City and Consultant desire to amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to the amend Section 3.1 of the Agreement as follows: Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $143,720 (one-hundred and forty-three thousand, seven-hundred and twenty dollars and no cents) as set forth in Exhibit "A," attached and incorporated herein by reference. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS] -1- ATTEST: CONSULTANT Keet n Kreitzer Keeton Kreitzer Consulting/ (_/ -2- EXHIBIT A PROPOSAL FOR ENVIRONMENTAL CONSUL T/NG SERVICES RANCHO SAN JUAN APARTMENTS-CITY OF SAN JUAN CAPISTRANO IV. ESTIMATED BUDGET The scope of services and work project described in Section II of this proposal will be undertaken and completed for an estimated fee of $143,720.00. This fee includes project management. preparation of the technical studies identified in Task Three, the environmental impact analysis (including the Draft and Final EIRs), printing and distribution of the Draft EIR, attendance at public hearings, and payment of filing fees (i.e., NOD filing and CDFG fees). Estimated Budget Rancho San Juan Apartment Project San Juan Capistrano Estimated Task Description Budget 1 Project Management $ 6,000.00 2 Notice of Preparation $ 1,380.00 Sub-Consultant Studies Traffic Impact Analysis $80,100.00 Air Quality Analysis 2,750.00 3 Noise Analysis 2,450.00 Visual Simulations 9,600.00 Sub Total-Sub-Consultant Studies $ 94,900.00 4 Preparation of Screencheck EIR $ 20,700.00 5 Preparation of Draft EIR $ 2,760.00 6 Response to Public Comments $ 4,600.00 7 Preparation of Final El R $ 1,380.00 Preparation of Findings/Mitigation Monitoring 8 Program/Statement of Overriding Considerations/Board of $ 4,600.00 Supervisors EIR Certification Resolution 9 Public Hearings $ 2,400.00 Printing and Reproduction Printing/Reproduction $ 4,500.00 Certified Mail/Delivery/Supplies 500.00 Total Printing and Reproduction $ 5,000.00 Total Estimated Budget $143,720.00 1Estimate only. Estimated budget reflects 40 hours. Fee is subject to review and negotiation based on nature and extent of public comments received during the public review _period. Proposal for Environmental Consulting Services Rancho San Juan Apartments -City of San Juan Capistrano September 4, 2012 16