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16-0222_LSA ASSOCIATES, INC_Professional Services Agreement First AmdAMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND LSA ASSOICATES, INC. 1. Parties and Date. This Amendment No. 1 to the Professional Services Agreement is made and entered into as of this 22nd day of February, 2016, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and LSA Associates, Inc., a California Corporation with its principal place of business at 20 Executive Park, Suite 200, Irvine, CA 92614. City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Consultant. The City and Consultant have entered into an agreement entitled "Professional Services Agreement" dated February 22, 2016 ("Agreement") for the purpose of retaining the services of Consultant to provide a service to prepare an Environmental Impact Report (EIR) Addendum for the proposed 24 Hour Fitness Center Project, Architectural Control (AC) 14- 022. 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to increase the not-to-exceed compensation amount in order to compensate Consultant for AB 52 Native American Consultation services identified as an Optional Task in both Exhibit "A" (Scope of Services) and Exhibit "B" (Schedule of Charges) to the Agreement. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of the Agreement. Attached hereto as Exhibit "A" and incorporated herein by reference is a copy of correspondence dated April 25, 2016, from Consultant requesting this Amendment, as required by Section 3 of the Agreement. 3. Terms. 3.1 Amendment. Section 2 ofthe Agreement is hereby amended in its entirety to read as follows: Page 1 of3 61147.00000\24872933.1 2 Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $36,100. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No.1. 3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] Page 2 of3 61147.00000\24872933.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND LSA ASSOCIATES, INC. CITY OF SAN JUAN CAP. STRANO LSA ASSOCIATES, INC. Approved y: Date '·..:....-Title~~~ Approved As To Form: l 9 ;i?Z 6 7 -=> Page 3 of3 611 47 .00000\24872933 .1 L SA April25, 2016 Sergio Klotz LSA ASSOCIATES, INC. 20 EXECUTIVE PARK, SUITE 200 IRVINE, CALIFORNIA 92614 EXHIBIT A 949.553.0666 TEL 949.553.8076 FAX BERKELEY CARLSBAD FRESNO PALM SPRINGS PT. RICHMOND RECEIVED APR 2 5 2016 RIVERSIDE ROCKLIN SAN LUIS OBISPO City of San Juan Capistrano 32400 Paseo Adelanto DEVELOPMENT SERVICES San Juan Capistrano, CA 92675 Subject: Contract Amendment for the 24 Hour Fitness Facility Project Addendum Dear Mr. Klotz: LSA Associates, Inc. (LSA) is pleased to be working with the City of San Juan Capistrano on the 24 Hour Fitness Facility Project (proposed project). At a Project Kickoff meeting on February 25, 2016, the City requested that LSA assist with Assembly Bill (AB) 52-related tasks. Per the City's request, LSA contacted the Native American Heritage Commission (NARC) for a search of the Sacred Lands File and a list of Native American tribes to be invited to consult on the project, and subsequently prepared a letter to each tribe describing the project and requesting comments and/or consultation. These draft letters were sent to the City on April4, 2016. The City subsequently submitted finalized versions ofthe letters on AprilS, 2016. While LSA's assistance with AB 52 tasks was requested by the City at the Project Kickoff meeting in February and was included as an optional task in LSA's proposal dated February 2, 2016, the work effort required to complete the AB 52 task was not accommodated for in the original budget approved by the City. Therefore, the anticipated cost to complete this task is outlined below. Table A. Fee Estimate By Task Task Budget Task 1: Technical Analysis Task 1.A: Air Quality/Greenhouse Gas $3,900 Task 2: Screen check Draft Addendum $18,000 Task 3: Draft Addendum $8,000 Task 4: Notice of Determination $500 Task 5: Proiect Management and Meeting Attendance $3,000 ' ~ .. :~-.· ...... :·_·_,.c".,,·,:_· .. :,··. . .. • .L : .. ·.:Total Without AB ~2 'task . :,:',<' '$33~4001 <::;; Task 6: AB 52 Native American Consultation $2,700 ' ... ·:.'· ,· .. ··.:.•' .. ·: '·· ~ ;~,.·,.,· .. .Total w.it1f.AB.s2: Task· F· :. ·:.$36,100 ·::· .. ' ' .. :i·• __ ,., .. 4/25/16 «C:\Users\arauterkus\AppData\Locai\Microsoft\Windows\Temporary Internet Files\Content.Outlook\4M3HW5X1\Augment Letter April 2016.docx» PLANNING ENVIRONMENTAL SCIENCES DESIGN L SA A SS OCIA TES , I NC . To complete this extra work, LSA is respectfully requesting a budget augment of$2,700. Thank you very much for your consideration. LSA looks forward to successfully completing this project with you. If you have any questions concerning the contents of this letter, please do not hesitate to contact me at (949) 553-0666. Sincerely, LSA ASSOCIATES, INC. cff~ Project Manager/Principal in Charge THE ABOVE STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED CONSULT ANT: CLIENT: LSA Associates, Inc . Authorized S1 ature Authonzed Signature Ashley Davis, Principal ~ ~z, }~ 1?5ia::r~ Printed Name and Title Printed Name and Title &zri ·w Dae April25, 2016 Date 4/25 /16 «C:\Users\arauterkus\AppData\Local\Microsoft\Windows\Temporary Inte rnet Files\Content .Outlook\4M3HWSXT\Augment Letter April 2 2016 .docx»